KMOX Broadcasting Station

National Labor Relations Board - Board Decisions

Dec 12, 1938

10 N.L.R.B. 479 (N.L.R.B. 1938)

In the Matter of KMOX BROADCASTING STATION and ST. Louis
LOCAL, AMERICAN FEDERATION OF RADIO ARTISTS, AFFILIATED WITH
A. F. of L.
In the Matter of KWK BROADCASTING STATION and ST. LOUIS
LOCAL, AMERICAN FEDERATION OF RADIO ARTISTS, AFFILIATED WITH
A. F. OF L.
In the Matter of KSD BROADCASTING STATION and ST. Louis
LOCAL, AMERICAN FEDERATION OF RADIO ARTISTS, AFFILIATED WITH
A. F. OF L.
In the Matter of WEW RADIO STATION and ST. Louis LOCAL,
AMERICAN FEDERATION OF RADIO ARTISTS, AFFILIATED WITH
A. F. OF L.
Cases Nos. R-980, R-981, R-982, and R--984, respectively.Decided
December 1'2, 1938
Radio Broadcasting Industry-Investigation of Representatives : controversy
concerning representation of employees : controversy concerning appropriate
unit; majority status disputed by employers-Unit Appropriate for Collective
Bargaining : all staff actors, singers , and announcers , and all free-lance actors,
singers, and announcers , includinz minors but excluding "hillbillies"; inter-
changeability of work ; desires of the employees themselves ; history of collective
bargaining-Representatives : proof of choice : comparison of names on list of
union members with names on employee's records in one radio station-Cer-
tification of Representatives : upon proof of majority representation-Elections
Ordered: in three radio stations.
Mr. Alan F. Perl and Mr. William J. Avrutis, for the Board.
Mr. Henry Jaffe and Mr. S. Jaffe, of New York City, for the
Union.
.31r. Dewey S. Godfrey and Mr. R. K. Schurr, of St. Louis, Mo.,
for WIL and KWK.
Lewis, Rice, Tucker, Allen & Chubb, by Mr. Robert Walston
Chubb and Mr. John Terry Berger, of St. Louis, Mo., and Mr. J. F.
Brauner, of New York City, for KMOX.
Green, Henry & Green, by Mr. John R. Green, Mr. J. Porter
Henry, and Mr. Robert D. Evans, of St. Louis, Mo., for KSD.
Mr. A. G. Eberle, of St. Louis, Mo., for WEW.
Mr. A. George Koplow, of counsel to the Board.
10 N. L. R B., No. 36.
479
480 NATIONAL LABOR RELATIONS BOARD
DECISION
CERTIFICATION OF REPRESENTATIVES
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On June 6, 1938, St. Louis Local, American Federation of Radio
Artists, affiliated with A. F. of L., herein called the Union, filed with
the Regional Director for the Fourteenth Region (St. Louis, Mis-
souri) five separate petitions, each alleging that a question affecting
commerce had arisen concerning the representation of employees of
the company named in the petition, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
The companies named in the five petitions are, respectively, Colum-
bia Broadcasting System, Inc., herein called KMOX; Thomas Pat-
rick, Inc., herein called KWK; Pulitzer Publishing Company, herein
called KSD; St. Louis University, herein called WEW; and Mis-
souri Broadcasting Corporation.' The first four are herein called the
Companies when referred to collectively. On July 18, 1938, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act, and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, ordered an investigation in each case and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice, and on July 26, 1938, acting pursuant to
Article III, Section 10 (c) (2), of said Rules and Regulations, fur-
ther ordered that the cases be consolidated for the purposes of hear-
ing. On September 7, 1938, the Board ordered the case involving
Missouri Broadcasting Corporation to be severed from the other cases.
We do not deal with it further in this Decision.
On July 28, 1938, the Regional Director issued a notice of con-
solidated hearing, copies of which were duly served upon each of
the Companies and upon the Union. Pursuant to the notice, a hear-
ing was held in St. Louis, Missouri, on August 4, 5, 8, 9, 10, 11, and
12, 1938, before J. J. Fitzpatrick, the Trial Examiner duly desig-
nated by the Board. The Board, the Companies, and the Union were
represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
1 The Companies were incorrectly designated in the petitions and in the formal papers
as KMOX Broadcasting Station, KWK Broadcasting Station, KSD Broadcasting Station,
WEW Radio Station, and WIL Broadcasting Station , respectively.
DECISIONS AND ORDERS - 481
At the commencement of the hearing the Trial Examiner denied the
motions of the several Companies requesting that the Board deter-
mine the appropriate bargaining unit under Section 9 (b) of the Act
prior to consideration of the question of majority representation un-
der Section 9 (c) of the Act. During the course of the hearing the
Trial Examiner made several other rulings on motions and on objec-
tions to the admission of evidence. The Board has reviewed the rul-
ings of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
Upon request of the Companies, a hearing was held before the
Board in Washington, District of Columbia, on November 3, 1938,
for the purpose of oral argument. The Companies and the Union
were represented by counsel and participated in the argument.
Briefs were submitted by each of the Companies and by the Union
and have been considered by the Board.
Upon the entire record in the cases, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Each company here involved owns and operates, under a license
from the Federal Communications Commission, a radio station in
St. Louis, Missouri. All or a large part of the studio equipment used
by each station is received from outside the State of Missouri, and all
or a large part of the'electric power used for broadcasting at each
station is generated outside the State of Missouri. KMOX, KWK,
and KSD each stipulated that in the course of its business it re-
broadcasts programs originating in radio stations in States other than
the State of Missouri and in turn sends to such stations, for pur-
poses of rebroadcasting, programs originating in its studios in St.
Louis. WEW stipulated that it receives and transmits intelligence
to and from foreign countries, territories of the United States, and
States other than the State of Missouri. The programs broadcast
by each station here involved have been detected by listeners in all
States within a radius of 500 to 1,000 miles of St. Louis. Each com-
pany admits that in the operation of its station it is engaged in
interstate commerce.
K111O Y. Columbia Broadcasting System, Inc., a New York cor-
poration, owns and 'operates station KMOX, one of a number of
stations situated in various States of the United States and owned or
]eased and operated by Columbia Broadcasting System, Inc., as part
of a national chain or network. KMOX does a business in excess
of $100,000 annually, of which 75 per cent is received from national
advertising and 25 per cent from local advertising.
482 NATIONAL LABOR RELATIONS BOARD
KWK. Thomas Patrick, Inc., a Missouri corporation, owns and
operates station KWK. KWK does a business in excess.of $100,000
annually, of which more than 40 per cent is received from programs
given as part of the National Broadcasting Company's "Blue Net-
work System" and the Mutual Broadcasting System, and the balance
from local advertising.
KSD. Pulitzer Publishing Company, a Missouri corporation, owns
and operates station KSD in connection with the publication of a
daily newspaper. KSD does a business in excess of $100,000 annually,
of which more than 40 per cent is received from programs given as
part of the National Broadcasting Company's "Red Network System."
WEW. St. Louis University, an institution of learning located at
St. Louis, owns and operates station WEW. The station does a busi-
ness of approximately $65,000 annually, of which 5 to 6 per cent is
received from national advertising. It also gives programs by elec-
trical transcription, a substantial portion of these transcriptions
coming from States other than the State of Missouri.
II. THE ORGANIZATION INVOLVED
St. Louis Local, American Federation of Radio Artists, affiliated
with A. F. of L., is a labor organization chartered by the American
Federation of Radio Artists, which in turn is chartered by the Asso-
ciated Actors and Artists of America, an affiliate of the American
Federation of Labor. It admits to its membership all employees
of the Companies here involved who sing, act, or speak before the
microphone at stations KMOX, KWK, KSD, and WEW.
III. THE QUESTION CONCERNING REPRESENTATION
The Union began an organizational campaign in St. Louis in Decem-
ber 1937 and started to bargain with KSD in March 1938 and with
other St. Louis stations shortly thereafter. On May 25, 1938, at a
meeting of union representatives with representatives of all the sta-
tions here involved, the Companies refused to accept the Union's
claim to majority representation and raised the question as to the
appropriateness of the bargaining unit sought by the Union. The
negotiations ceased when the parties were unable to come to an
agreement on the questions of majority representation and the
appropriate unit.
We find that a question has arisen concerning the representation-
of employees of each company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATIONS UPON
COMMERCE
We find as to each company in these proceedings that the question
concerning representation which has arisen, occurring in connection
DECISIONS AND ORDERS 483
with its operations described in Section I above, has a close, intimate,
and substantial relation to trade, traffic, and commerce among the
several States, and tends to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
In each petition the Union recites that the appropriate bargaining
unit with respect to the company involved in such petition consists
of the "entertainment division of the broadcasting station. . . ." It
defines this unit in the case of each company to consist of all actors,
singers, and announcers on the staff of the company's station or who
work for compensation as free-lance artists on regular programs at
such station.
The Companies maintain that at each station there are two ap-
propriate units, one consisting of announcers-and the other consisting
of other radio artists. They contend that announcers should not be
included within the same unit as other radio artists since their inter-
ests and duties are dissimilar. They point out that whereas an-
nouncers are paid on a salary basis and work a fixed number of
hours per week, the other radio artists are paid on a performance
basis and work only the number of hours necessary to rehearse and
produce the programs for which they are engaged. The Companies
also elicited the testimony of several announcers who expressed the
desire that the announcers, alone, should constitute a separate unit
for collective bargaining purposes.
The record, however, does not support the contention of the Com-
panies. Actors, singers, and announcers frequently interchange func-
tions at each of the four stations; announcers occasionally act and
sing, singers sometimes act and announce their programs, and actors
at times also sing and announce. While participating in a program
before the microphone, all performers,,, including announcers, are
under the direction of the same producer. They all take part in re-
hearsals, use the same script, and take their cues from each other's
lines. Announcers are usually given extra compensation for appear-
ing as singers or actors, and in securing singing or acting parts
in radio shows their services compete directly with those of actors
and singers bidding for such parts.
Certain types of announcements, such as dramatized commercial
announcements, are made by either actors or announcers or a com-
bination of the two. In fact, there is so great a similarity in the
type of training and talent required, that performers work some-
times as announcers and at other times as artists. It was testified
that when seeking employment radio artists often call themselves
either announcers or actors, whichever will serve them best in
securing positions.
484 NATIONAL LABOR RELATIONS BOARD
Nor does the weight of evidence establish the desire', of the an-
nouncers to constitute a unit by themselves. There is no other labor
organization here purporting to represent the announcers, nor did
any of the announcers -express a desire to have another organization
bargain for them. The records show that the Companies officially
classify a total of 41 persons as announcers at the four stations, of
whom 28 or 29 are members of the Union. It would seem that this
group had already decided against a separate unit by electing to
form' one union together with singers and actors rather than to
organize a union for themselves. Of the 41 announcers, 14 were
called as witnesses at the hearing. Only two of them testified flatly
that they preferred a separate unit.2 One was opposed to any union
and was not asked his views about an appropriate unit. Five others
made equivocal and ambiguous answers to the effect that they had
not fully considered the question of the appropriate unit or that they
did not oppose a single unit for bargaining purposes but should pre-
fer some arrangement whereby the announcers could vote on their
own problems. Six announcers who testified favored one unit un-
qualifiedly. Of the 27 announcers not testifying, 17 are members
of the -Union and may be assumed to be in favor of the single,
broader unit sought by the Union.
Moreover, the history of collective bargaining in the industry
shows that the Union has negotiated for both classes of performers
where • it has been able to extend its organization to include them.
In some four stations the Union has negotiated contracts covering
all the employees in the unit it now requests. Although several
contracts executed by the Union with the Columbia Broadcasting
System and the National Broadcasting Company for the employees-
in, some of their radio stations do, not cover announcers, they spe-
cifically provide that such exclusion should not prejudice the right
of, the Union later to contend for a larger unit including the
announcers.' - •.;t -
The Companies suggested at the hearing that the staff announcers
and other staff radio artists should not be included within the same
unit as free-lance announcers and other free-lance radio artists. Free-
lance announcers and artists employed by the Companies do not work
steadily; they are hired when needed foi a particular program or
series of programs, occasionally working concurrently at two or more
stations. Little evidence was introduced, however, to show the desir-
2 0ne other person who did some announcing along with other duties stated that he
piefei red a separate unit
8 Cf. Matter of Los Angeles Bi oadcasting Company, Inc and American Radio Teleq-
raphers Association, Broadcast Local No 115, 4 N L R B 443; Matter of, Minnesota
Broadcasting Company Operating TVTON and Newspaper Guild of the Twin Cities, Minne-
apolis and St Paul. Local No 2 of the American Newspapers Guild, 7 N L R B 867. -
DECISIONS AND ORDERS 485-
ability of separating the staff from the free-lance groups. On the
other hand, some of the Companies have contracts with the American
Federation of Musicians covering mnsiciarls permanently attached to
the staff of a particular station and those who perform only on an
occasional program. We find the suggestion for the separation of staff
from free-lance performers to be without merit.
There remains for our consideration the status of employees who
are minors and the employees who are known as "hillbillies." The
Union expressed some concern at the hearing as to the legal effect of
an instrument, signed by a minor in the State of Missouri but expressed'
no aversion to including minors in the appropriate unit if the Board
so directed. The Companies took no position with respect to their
status. Since matters of collective bargaining concern employees who
are minors, as well as others, we shall include them in the appropriate
unit.
The group of employees known as "hillbillies" sing and perform
on instruments at the various stations. The Union does not request
their inclusion in the unit. The "hillbillies," themselves, have been
negotiating for membership in the American Federation of Musicians,
an American Federation of Labor affiliate representing musicians at
the stations, and have expressed no desire to be included with the
actors, singers, and announcers. They will be excluded from the
appropriate unit.
We find that all staff actors, singers, and announcers, and all free-
lance actors, singers, and announcers, employed by Columbia Broad-
casting System, Inc., Thomas Patrick, Inc., Pulitzer Publishing Com-
pany, and St. Louis University, respectively, at radio stations KMOX,
KWK, KSD, and WEW, respectively, including minors, but exclud-
ing "hillbillies," constitute, in the case of each company, a unit appro-
priate for the purposes of collective bargaining and that said unit will
insure to employees of each company the full benefit of their right to
self-organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. TIIE DETERMINATION OF REPRESENTATIVES
The Union takes the position that any actor, singer, or announcer
who performed before the microphone in any regular program at
one of the four broadcasting stations involved, from March 1 through
May 31, 1938, should be eligible to participate in the choice of a
bargaining representative at such station. The Companies maintain
that the period from February 1 through July 31, 1938, comprises a
more normal period of business operations since such period includes
part of the slack season . They voice no strong objection , however, to
the use of the period from March 1 through May 31 , 1938, as a basis
1F7811-39-vol i0--32
486 NATIONAL LABOR RELATIONS BOARD
for determining eligibility. Under the circumstances, we shall direct
that the,latter period-be used.
The'Companies maintain that free-lance artists are not employees
of any particular company, and that if they are held to be employees,
they should not be permitted to participate in the choice of bargain-
ing representatives at more than one station. We find these objec-
tions to be without merit. Free-lance artists work on the Companies'
premises under the supervision of the Companies' officials, and they
are paid by the Companies. They are clearly employees of each com-
pany for which they work. We are also of the opinion that they have
an interest in the conditions of employment and a right to participate
in the choice of collective bargaining representatives in such
company.4
Radio artists who performed before the microphone at these sta-
tions from March 1 through May 31, 1938, but who were hired and
paid by advertising agencies or sponsors rather than by the Com-
panies, or who performed gratuitously, receiving no compensation
from the Companies, are not considered employees of the Companies
and therefore are not eligible to participate in the choice of represen-
tatives to bargain with the Companies.
Each of the Companies introduced in evidence without objection
from the Union a record of its employees appearing before the micro-
phone. Also introduced in evidence without objection from either
the Companies or the Union was a list of all the union members, pre-
pared by Board representatives at the request of the parties, the data
being taken from signed membership application cards. The Board
has compared the names on this list with the names on the records
introduced by the various Companies to determine the Union's repre-
sentation at each station."
KMOX. The records show a-total of 62 persons in the appropriate
unit employed on regular programs at station KMOX during the
period from' March 1 through May 31, 1938. Of these, at least 47
were members of the Union. We find that the Union has been desig-
nated and selected by a majority of the employees in the appropriate
unit as their representative for the purposes of collective bargain-
ing. It is, therefore, the exclusive representative of all the employees
in such unit for the purposes of collective bargaining and we will so
certify.
4 Cf Matter of Luckenbach Steamship Company, Inc et at and Gatemen, Watchmen and
Miscellaneous Waterfront Workers Union, Local 38-124; International Longs horeinell's
Association, 2 N. L. R. B 181, in which none of the parties questioned the right of casual
employees to participate in the elections conducted at more than one of the companies
there involved.
c The Union also introduced in evidence lists of union members and non-members em-
ployed at the various stations. These lists were admittedly drawn only from the memory
of union members employed at the stations, and the Companies objected to their admission
in evidence They are not relied upon in the compilations below.
DECISIONS AND ORDERS 487
KSD and WEW. The Companies' records show a total of 58 per-
sons and 10 persons in the appropriate unit employed on-regular pro-
grams at stations KSD and WEW, respectively, during the period,
from March 1 through May 31, 1938. A comparison of these names
with the list of union members fails to show that a majority of these
58 persons or of these 10 persons have designated the Union as their
collective bargaining representative.6 We find that elections by secret
ballot are necessary to resolve the questions concerning representation.
Eligible to vote in the elections at stations KSD and WEW will be
all staff actors, singers, and announcers, and all free-lance actors,
singers and announcers employed by Pulitzer Publishing Company
and St. Louis University, respectively, who performed before the
microphone in a regular program, at station KSD and WEW, re-
spectively, from March` 1 through May 31, 1938, including-minors but
excluding "hillbillies" and staff actors, singers, and. announcers who
have quit or have been discharged for cause since March 1, 1938.
KWK. The records list the names of persons in the appropriate unit
who were employed on regular programs at station KWK during the
period from February 1 through July 31, 1938. It is impossible from
the evidence to determine accurately which of these employees worked
from March 1 through May 31, 1938, and it is consequently impossible
to determine whether or not the Union represents a majority in the
appropriate unit. We find that an election by secret ballot is neces-
sary to resolve the question concerning representation. Eligible to
vote in such election will be all staff actors, singers, and announcers,
and all free-lance actors, singers, and announcers employed by Thomas
Patrick, Inc., who performed before the microphone in a regular
program at station KWK from March 1 through May 31, 1938, in-
cluding minors but excluding "hillbillies" and staff actors, singers,
and announcers who have quit or have been discharged for cause
since March 1, 1938.
Upon the basis of the above findings of fact and upon the entire
record in this proceeding, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Columbia Broadcasting System, Inc.,
Thomas Patrick, Inc., Pulitzer Publishing Company, and St. Louis
° In the case Of WEW, the records show that five employees are members of the Union
The Union contended that the name of Keith Gunther, a union member, should have been
included, giving the Union a 6 to 5 majority. While it is true that Gunther received
compentatioii from WEW as an announcer during the period from March 1 through May
31, 1938, the record establishes that he was no longer employed at WEW at the time of
the hearing Theie is nothing in the record to indicate the reason for his leaving the
employ of WEW, so it must be assumed that he quit or was discharged for cause Under
the circumstances, the Union's representation of a majority of the employees at the time
of the hearing has not been conclusively established
488 NATIONAL LABOR RELATIONS BOARD
University , respectively , St. Louis, Missouri , within the meaning of
Section 9 ( c) and Section 2 (6) and ( 7) of the National Labor
Relations Act.
2. All staff actors , singers, and announcers , and all free -lance actors,
singers, and announcers employed by Columbia Broadcasting System,
Inc., Thomas Patrick, Inc., Pulitzer Publishing Company, and St.
Louis University, respectively, at radio stations KMOX, KWK, KSD,
and WEW , including minors but excluding "hillbillies ," constitute
in the case of each company , a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. St. Louis Local, American Federation of Radio Artists, affiliated
with A. F. of L ., is the exclusive representative of all the employees
of Columbia Broadcasting System, Inc. in such unit at radio station
KMOX for the purposes of collective bargaining , within the meaning
of Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that St. Louis Local, American Federation
of Radio Artists, affiliated with A. F. of L., has been designated and
selected by a majority of all staff actors , singers, and announcers and
all free -lance actors , singers, and announcers employed by Columbia
Broadcasting System, Inc., at radio station KMOX, including minors
but excluding "hillbillies," as their representative for the purposes
of collective bargaining and that, pursuant to the provisions of Sec-
tion 9 (a) of the Act, St. Louis Local, American Federation of Radio
Artists, affiliated with A. F. of L ., is the exclusive representative of
all such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions
of employment.
DIRECTION OF ELECTIONS
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 8, of National Labor
Relations Board Rules and Regulations-Series 1 , as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board'
to ascertain representatives for collective bargaining with Thomas.
DECISIONS AND ORDERS 489
Patrick, Inc., an election by secret ballot shall be conducted within
thirty (30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Fourteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among all staff actors, singers, and announcers, and all free-lance
actors, singers, and announcers employed by Thomas Patrick, Inc., at
radio station KWK, St. Louis, Missouri, who performed before the
microphone in a regular program at such station from March 1
through May 31, 1938, including minors but excluding "hillbillies"
and staff actors, singers, and announcers who have quit or have been
discharged for cause since March 1, 1938, to determine whether or
not they desire to be represented by St. Louis Local, American Fed-
eration of Radio Artists, affiliated with A. F. of L., for the purposes
of collective bargaining; and it is
FURTHER DIRECTED` that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
Pulitzer Publishing Company, an election by secret ballot shall be
conducted within thirty (30) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Fourteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations, among all staff actors, singers, and announcers,
and all free-lance actors, singers, and announcers employed by
Pulitzer Publishing Company, at radio station KSD, St. Louis, Mis-
souri, who performed before the microphone in a regular program
at such station from March 1 through May 31, 1938, including minors
but excluding "hillbillies" and staff actors, singers, and announcers
who have quit or have been discharged for cause since March 1, 1938,
to determine whether or not they desire to be represented by St. Louis
Local, American Federation of Radio Artists, affiliated with A. F.
of L., for the purposes of collective bargaining; and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
St. Louis University, an election by secret ballot shall be conducted
within thirty (30) days from the date of this Direction, under the
direction and supervision of the Regional Director for the Fourteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all staff actors, singers, and announcers, and all
free-lance actors, singers, and announcers employed by St. Louis
University, at radio station WEW, St. Louis, Missouri, who per-
formed before the microphone in a regular program at such station
from March 1 through May 31, 1938 , including minors but excluding
490 NATIONAL LABOR RELATIONS BOARD
"hillbillies" and staff actors, singers, and announcers who have quit
or have been-discharged for cause since March 1, 1938, to determine
whether or not they desire to be represented by St. Louis Local, Amer-
ican Federation of Radio Artists, affiliated with A. F. of L., for the
purposes of collective bargaining.
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
January 20, 1939
On December 12, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision , Certification of Representatives,
and Direction of Elections in the above -entitled proceeding. The
Direction of Elections directs , inter alia , that an election by secret
ballot be conducted among all staff actors , singers, and announcers,
and all free -lance actors , singers, and announcers employed by
Pulitzer Publishing Company , herein called the Company , at radio
station KSD, St. Louis, Missouri , who performed before the micro-
phone in a regular program at such station from March 1 through
May 31, 1938 , including minors but excluding "hillbillies" and staff
actors, singers , and announcers who had quit or had been discharged
for cause since March 1, 1938, to determine whether or not they de-
sired to be represented by St. Louis Local , American Federation of
Radio Artists , affiliated with A. F. of L., herein called the Union, for
the purposes of collective bargaining . On December 31, 1938, repre-
sentatives of the Company , the Union , and the Board entered into
the following stipulation:
The National Labor Relations Board having determined in
its decision and direction of election in this matter , dated De-
cember 12, 1938, that in order to insure to employees the full
benefit of their rights to self-organization and to collective bar-
gaining, and otherwise to effectuate the policies of the National
Labor Relations Act, the unit appropriate for the purposes of
collective bargaining consists of all staff actors, singers and
announcers and all free lance actors , singers and announcers
employed by the Pulitzer Publishing Company at Radio Station
KSD, : including minors, - but excluding "hill-billies " ; and evi-
dence having now been adduced by the St. Louis Local, American
Federation of Radio Artists, which has determined to the
Pulitzer Publishing Company's full satisfaction that a majority
DECISIONS AND ORDERS 491
of the employees of the company in said unit are members in
-good standing of 'the union and, have -designated the 'union as
their exclusive bargaining representative:
Therefore it is hereby stipulated by and between the parties
hereto that the St. Louis Local, American Federation of Radio
Artists represents a majority of the employees for the purposes
of collective bargaining in the unit set forth above, and that
the National Labor Relations Board may forthwith enter an
order certifying the St. Louis Local, American Federation of
Radio Artists, affiliated with American Federation of Labor, as
the exclusive bargaining agent of the employees of the Pulitzer
Publishing Company at Radio Station KSD in the above
described unit, the Company freely consenting thereto in
accordance with its established policy.
The above stipulation is hereby approved.
The Regional Director for the Fourteenth Region has conducted
an investigation and has made a comparison of the Union's records
and the appropriate pay rolls of the company. Such investigation
and comparison reveals that the Union represents a majority of the
employees in the unit found by the Board to be appropriate.
We find that the Union has been designated and selected by a
majority of the employees in the appropriate unit as their representa-
tive for the purposes of collective bargaining. It is, therefore, the
exclusive representative of all the employees in such unit for the
purposes of collective bargaining and we will so certify.
Upon the basis of the above stipulation and findings of fact and
upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSION OF LAW
St. Louis Local, American Federation of Radio Artists, affiliated
with A. F. of L., is the exclusive representative of all staff actors,
singers, and announcers, and all free-lance actors, singers, and an-
nouncers employed by Pulitzer Publishing Company at Radio Station
KSD, including minors but excluding "hillbillies," for the purposes
of collective bargaining, within the meaning of Section 9 (a) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
492 NATIONAL LABOR RELATIONS BOARD
IT Is HEREBY CERTIFIED that St. Louis Local, American Federation
of Radio Artists, affiliated with A. F. of L., has been designated and
selected by a majority of all staff actors, singers, and announcers and
all free-lance actors, singers, and announcers employed by Pulitzer
Publishing Company, at Radio Station KSD, including minors but
excluding "hillbillies," as their representative for the purposes of
collective bargaining and that, pursuant to the provisions of Section
9 (a) of the Act, St. Louis Local, American Federation of Radio
Artists, affiliated with A. F. of L., is the exclusive representative of
all such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions
of employment.
10 N. L R. B, No. 36a.