Hearst Radio, Inc.Download PDFNational Labor Relations Board - Board DecisionsMar 31, 194239 N.L.R.B. 1301 (N.L.R.B. 1942) Copy Citation In the Matter of HF.A RST RADIO , INC. AND WB AL BROAlx AS'rING COMP ^Nr, INC. and A, IERIC 'N COMM ASSOCIATION, BROADCASTING DEI'ARTMENT Case No. C-2138.Decided March 31, 1942 Jurisdiction : radio broadcasting industry. Settlement : stipulation providing for compliance with the Act Remedial Orders : entered on stipulation Mr. Earle K. Shaq 'e and Mr. Albert P. Il'h,eatley, for the Board. dlr. H. C. Burke, for the respondent. Mr. E. M. Stoer, for Hearst. dlr. L. F. Littlejohn, of Philadelphia, Pa., for the Union. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CA SE Upon amended charges duly filed by the American Communica- tions Association, Broadcasting Department, herein called the Union, the National Labor Relations Board; herein called the Board, by the Regional Director for the Fifth Region (Baltimore, Maryland), issued its complaint dated "January 22, 1942, against Hearst Radio, Inc., herein called Hearst, and WBAL Broadcasting Company, Inc., herein called the respondent, alleging that Hearst and the respond- ent had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notice of hearing were duly served upon the Union. Hearst, and the respondent. Concerning the unfair labor practices, the complaint alleged in substance that Hearst and the respondent (1) on or about Septem- ber 18, 1941, discharged from their employ John J. Mutch and Morris O'Connor, Jr., and thereafter refused to reinstate them be- cause of their activity in behalf of the Union, and (2) by the fore- 39 N L R B, No. 237 1301 I 1302 DECISIONS OF NATIONAL LA13OR RELATIONS BOARD going acts and by urging, persuading, and warning their employees not to become or remain members of the Union, by threatening said employees with lay-off, discharge, and other reprisals if they became or remained members of the Union, interfered with, restrained, ancd coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act. On February 6, 1942, Hearst and the respond- ent filed answers denying the allegations of unfair labor practices in the complaint. On February 3, 1942, and again on March 7, 1942, the Regional Director issued and duly served upon the parties notices of postponement of the hearing. On March 10, 1942, Hearst, the respondent, the Union, and counsel' for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows: It is hereby stipulated and agreed by and among Hearst Radio, Inc.; WBAL Broadcasting Company, Inc. (hereinafter called the Respondent) ; the American Communications Asso- ciation, Broadcasting Department (hereinafter called the Union) ; Earle K. Shawe, Regional Attorney, and Albert P. Wheatley, Attorney, National Labor Relations Board, Fifth Region : 1. That Hearst Radio, Inc., is, a New York corporation having its principal office in the City of New York, State of New York which owns and operate radio broadcasting stations licensed by the Federal Communications Commission in San Francisco, California, New York,,New York, and Milwaukee, Wisconsin. 2. That WBAL Broadcasting Company, Inc., a Maryland corporation having its principal office and place of business.in Baltimore, Maryland, and a wholly-owned subsidiar.), of Hearst Radio, Inc., operates a radio broadcasting station in Baltimore, Maryland, known by the call letters WBAL (hereinafter called Station WBAL) under the regulations and authority of the Federal Communications Commission. 3. That Station WBAL operates with 50,000 watts power over a designated wave length of 1,090 kilocycles and its pro- grams are regularly heard by listeners in the States of Mary- iand, Delaware, Pennsylvania, Virginia, and the District of Columbia. k 4. That WBAL Broadcasting Company, Inc., is an affiliate of the National Broadcasting Company, through whose facili- ties Station WBAL regularly transmits to its listeners commer- cial advertising and entertainment programs, a substantial number of which emanate from outside the State of Maryland. 5. That radio programs, consisting primarily of news, enter- tainment, advertising and intelligence, are released through Sta- HE'AnSfr RADIO, INC. i 1303 Lion WBAL at various intervals, and often are transmitted throughout the United States over the network of the National Broadcasting Company. 6. That United Press and International News Service regu- larly furnish Station WBAL with news and intelligence, a sub- stantial amount of which originates in places other than places in the State of Maryland, which is broadcast over Station WBAL to listeners within and outside of Maryland. 7. That play-by-play descriptions of sporting events, such as baseball and football games, are received by direct wire from the places where such events take place, which frequently is outside the . State of Maryland, and are rebroadcast through Station WBAL. 8. That during the calendar year 1941, Station WBAL re- ceived in excess of $400;000 for advertising programs broadcast over Station WBAL and approximately 60% of this advertising business originated in States other than the State of Maryland. 9. That the Respondent admits that it is engaged in interstate commerce within the meaning of the National Labor Relations Act. 10. That Hearst Radio, 'Inc., the Respondent, and the union hereby waive their right to a hearing in this cause and all fur- ther or other procedure provided by the National Labor Relations Act and the Rules and Regulations of the National Labor Rela- tions Board, including the makings of findings of fact and con- clusions of law. 11. That the following papers may be introduced into the record in this proceeding by filing them with the Chief Trial .Examiner of the National Labor Relations Board in Washing- ton, D. C., and when said papers have been so filed they shall constitute the entire record herein. (1) This Stipulation (2) The Complaint heretofore issued herein on January 22, 1942 (3) The Amended Charge filed herein on December 20, 1941 (4) The Notice of Hearing heretofore issued herein on Jan- nary 22, 1942 (5) The Affidavit as to Service of the aforesaid copy of Com- plaint and Notice of Hearing (6) The Rules and Regulations of the National Labor Rela- tions Board, Series 2, as amended (7) The Answer of Hearst Radio, Inc. (8) The Answer of the Respondent 12. That the Union is a labor organization within the mean- 1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing of Section 2, subsection ( 5) of the National Labor Relations Act. - 13. That this Stipulation shall not be considered as an ad- mission that the Respondent , or its agents , have engaged in or are engaging in the unfair labor practices alleged in the Complaint heretofore issued in this matter , and the Respondent expressly denies that it or its agents have engaged in such unfair labor practices. _ 14. That on the basis of, this Stipulation and the record herein, as described above in paragraph 11, the National Labor Relations Board may forthwith , or at any future time, issue an order in the following form in the above-entitled matter : ORDER Upon the record herein, including a Stipulation dated March 10, 1942, the National Labor Relations Board hereby orders that the Respondent , WBAL Broadcasting Company, Inc., and its officers, agents , successors and assigns at Radio Station WBAL, in Baltimore , Maryland : (1) Shall not (a) In any manner interfere with , restrain or coerce its em- ployees in the exercise of the right of self-organization , by urg- ing, persuading or warning employees to refrain from becoming or remaining members of the Union , or any other labor organ- ization, by threatening employees with discharge or other re- prisals because of their activities in or on behalf of such labor organizations. (b) In any manner discourage membership in American Com- munications Association , Broadcasting Department , or any other labor organization of its employees , by discriminating in regard to their hire or tenure of employment because of their member- ship in or activities in behalf of any such labor organization. (c) In any other manner interfere with, restrain or coerce, their employees in the exercise of their right to self-organiza- tion, to form , join, or assist labor organizations, to bargain col- lectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection , as guaranteed in Sec- tion 7 of the National Labor Relations Act. (2) Shall take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Make whole John J. Mutch and Morris O'Connor, Jr., for any loss which either of them have suffered by reason of their discharge, by paying to each of them the sum of $150.00. HE'ARSfP RADIO, INC. 1305 (b) Post immediately in conspicuous places throughout its places of business in Baltimore, Maryland, and maintain for a period of at least sixty (60)' consecutive days, copies of the No- tice attached hereto, marked Exhibit "A". (c) Notify the Regional Director for the National Labor Re- lations Board, Fifth Region, within ten (10) days from the date of this Order what steps Respondent has taken to comply here- with. It is-further ordered that the Complaint be, and it hereby is, dismissed, insofar as it alleges that Hearst Radio, Inc., has engaged in any unfair labor practice within the meaning of the Act. 16. That the parties hereto hereby consent to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon application by the National Labor Relations Board, of a consent decree enforcing an order of the Board in the form herein "above set forth and hereby waive further notice of the application for such decree. 17. That the entire agreement among the parties hereto is contained within the terms of this Stipulation and there is no verbal agreement of any kind which varies, alters, or adds to this Stipulation. 18. That it is understood and agreed that this Stipulation, is subject to the approval of the National Labor Relations Board and shall become, effective immediately upon the granting of such approval. On March 20, 1942, the Board issued an order approving the above stipulation, making it a part of the record and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, transferring the proceeding to the Board for the purpose of entering a decision and order pursuant to the provisions of the stipulation. On the basis of the above stipulation wind upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT WBAL Broadcasting Company, Inc., a Maryland corporation, is a wholly owned subsidiary of Hearst Radio, Inc., and has its prin- cipal office and place of business in Baltimore, Maryland. It operates a radio broadcasting station in Baltimore, Maryland, known as Sta- tion WBAL, under the regulations and authority of the Federal Communications Commission. It is an affiliate of the National 1306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Broadcasting Company through whose facilities it transmits to its listeners, commercial advertising, entertainment programs, and news, a substantial amount of which material originates in places other than the State of Maryland and is broadcast over Station WBAL to listeners within and outside the State of Maryland. During the calendar year 1941, Station WBAL received in excess of $400,000 for advertising programs broadcast over Station WBAL. Approxi- mately 60 percent of this advertising business originated in States other than the State of Maryland. The respondent admits that it is engaged in commerce within the meaning of the Act. ' We find that the above-described operations of the respondent constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, the stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, WBAL Broadcasting Company, Inc.and its officers, agents, successors and assigns at Radio Station WBAL, in Baltimore, Maryland : 1. Shall not (a) In any manner interfere with, restrain, or coerce its employees in the exercise of the right of self-organization, by urging, persuad- ing or warning employees to refrain from becoming or remaining members of the Union, or any other labor organization, by threaten- ing employees with discharge or other reprisals because of their activities in or on behalf of such labor organizations : (b) In any manner discourage membership in American Communi- cations Association, Broadcasting Department, or any other labor organization of its employees, by discriminating in regard to their hire or tenure of employment because of their membership in or activities in behalf of any such labor organizations; (c) In any other manner interfere with, restrain, or coerce their employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their, own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Shall take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Make whole John J. Mutch and Morris O'Connor, Jr., for any loss which either of them have suffered by reason of their discharge, by paying to each of them the sum of $150.00; HE'AIRISIT RADIO, INC. 1307 (b) Post immediately in conspicuous places throughout its places of business in Baltimore, Maryland, and maintain for a period of at least sixty (60) consecutive days, copies of the Notice attached hereto, marked Exhibit "A"; (c) Notify the Regional Director for the National Labor Relations Board, Fifth Region, within ten (10) days from the date of this Order what steps respondent has taken to comply herewith. IT IS FURTHER ORDERED that the Complaint be, and it hereby is, dismissed, insofar as it alleges that Hearst Radio, Inc., has engaged in any unfair labor practice within the meaning of the Act. EXHIBIT "A" WBAL BROADCASTING COMPANY, INC. BALTIMORE , MARYLAND NOTICE i The WBAL Broadcasting Company, Inc., recognizing the right of its employees to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, as guar- anteed in Section 7 of the National Labor Relations Act, states that it, and its officers and agents If. will not in any manner interfere with, restrain or coerce its employees in the exercise of the above rights; 2. will not discourage membership in the American Communica- tions Association Broadcasting Department, or in any other labor organization of its employees by discharging or threatening to dis- charge any of its employees for joining or assisting any such labor organization;, 3. will not in any manner discriminate against any of its employees in regard to hire or tenure of employment or any term or condition of employment, for joining or assisting the American Communica- tions Association Broadcasting Department, or, any other labor organization of its employees. This notice shall be posted on or abort and shall remain posted for a period of at least sixty (60) consecutive days from the day of posting. I - WBAL BROADCASTING COMPANY, INC. By ---------------------------------- Title :, Copy with citationCopy as parenthetical citation