Hearst Radio, Inc.

National Labor Relations Board - Board Decisions

Mar 31, 1942

39 N.L.R.B. 1301 (N.L.R.B. 1942)

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.
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