International Broadcasting Corp.

National Labor Relations Board - Board Decisions

May 8, 1946

67 N.L.R.B. 1227 (N.L.R.B. 1946)

In the Matter Of INTERNATIONAL BROADCASTING CORPORATION (RADIO
STATION KWKH) and LOCAL UNION 194; INTERNATIONAL BROTHER-
Ii00D OF ELECTRICAL WORKERS, AFL
Case No. 15-R-1613.-Decided May 8, 1946
Mr. W. H. Bronson, of Shreveport , La., for the Company.
Mr. D. H. Morris, of Washington , D. C., for the Union.
Mr. Warren H. Leland, of counsel to the Board. , .
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local Union 194, International
Brotherhood of Electrical Workers, AFL, herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of International Broadcasting Cor-
poration (Radio Station KWKH), Shreveport, Louisiana, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Lewis Moore, Trial
Examiner. The hearing was held at Shreveport, Louisiana, on April
11, 1946. The Company and the Union appeared and participated.
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
International Broadcasting Corporation (Radio Station KWKH),
a wholly owned subsidiary of the Times Publishing Company, Lim-
ited, is a Louisiana corporation which maintains its principal office
and place of business at Shreveport, Louisiana. The Company owns
67 N. L. R. B., No. 160.
1227
1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
station KWKH, which operates on a frequency of 1130 kilocycles,
under license of the Federal Communications Commission. It op-
erates on 50,000 watt power, day and night, unlimited hours. The
station is affiliated with the Columbia Broadcasting System, and ap-
proximately 50 percent of the station's broadcasting time is con-
sumed in broadcasting Columbia Network programs, commercial and
sustaining, piped into the principal control board of the station in
Shreveport from outside the State of Louisiana. The primary cover-
age of the station is North Louisiana, West Louisiana, East Texas, and
South Arkansas.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE OR :ANIZATION INVOLVED
Local Union 194, International Brotherhood of Electrical Workers,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
The Union seeks a unit of all combination announcer-control op-
erators employed by the Company, excluding the program director.
The Company questions the appropriateness of the unit sought, and,
contrary to the wishes of the Union, suggests that the studio engineer
might properly be included in any unit found to be appropriate.
The record discloses that, in addition to their announcing duties,
the announcer-control operators operate the control board, transcrip-
tions, and turntables. The station functions approximately 20 hours
each day, and the announcer-control operators work shifts to ensure
'The Field Examiner reported that the Union submitted authorization cards, bearing
the names of five employees , listed on the Company ' s pay roll of March 8 , 1946 , and that
the cards are dated February 10 and 11, 1946 There are approximately five employees
in the appropriate unit.
INTERNATIONAL BROADCASTING CORPORATION 1229
full coverage while the station is on the air. These employees have a
community of interest, and are distinguishable from other employees
of the Company. We find that they may constitute an appropriate
unit.
The studio engineer performs no announcing duties and under
normal conditions, he is not permitted to operate the control board.
His primary function is the maintenance of equipment, and his work-
ing hours are irregular, as contrasted with the regular shift pattern
governing the working hours of announcer-control operators. The
Company has not submitted any persuasive reason warranting the
inclusion of the studio engineer. We shall exclude him from the unit
hereinafter found appropriate.
We find that all announcer-control operators of the Company, ex-
cluding the studio engineer, the program director, and all other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Net.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with International
Broadcasting Corporation (Radio Station KWKH), Shreveport, Lou-
isiana, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director for
the Fifteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Sections 10 and
ii, of said Rules and Regulations, among employees in the unit found
appropriate in Section IV, above, who were employed during the pay-
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
roll period immediately preceding the date of this Direction, including
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including employees
in the armed forces of the United States who present themselves in
person at the polls, but excluding those employees who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether or not they desire
to be represented by Local Union 194, International Brotherhood of
Electrical Workers, AFL, for the purposes of cellective bargaining.