Mandan Radio Association, Inc.

National Labor Relations Board - Board Decisions

May 7, 1940

23 N.L.R.B. 643 (N.L.R.B. 1940)

In the Matter of MANDAN RADIO ASSOCIATION, INC. and INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-975
(A. F. of L.)
Case No. C-1347-Decided May 7, 1940
Radio Broadcasting Industry-Settlement : stipulation providing for com-
pliance with the Act, including back pay in specified amount as to one person-
Order: entered on stipulation.
Mr Lee Loevinger and Mr. W. P. Monson, for the Board.
Sullivan,, Fleck ct Sullivan, by Mr. Johm, F. Sullivan, of Mandan,
N. Dak., for the respondent.
Mr. J. Harris Igou, of Austin, Minn., for the Union.
Mr. J. H. Krug, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by, International Brotherhood of Electrical
Workers, Local B-975, affiliated with the American Federation of
Labor, herein called the Union, the National Labor Relations Board,
herein called the Board, by the Regional Director for the Eighteenth
Region (Minneapolis, Minnesota), issued its complaint, dated May
2, 1939, against Mandan Radio Association, Inc., Mandan, North
Dakota, herein called the respondent, alleging that the respondent
had engaged in and was 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 accompanying
notices of hearing were duly served upon the respondent and upon
the Union.
As to the unfair labor practices, the complaint alleged in substance
(1) that on or about March 20, 1939, the respondent discharged Paul
N. Edwards 1 and at all times since failed or refused to reinstate him,
1 Referred to in the complaint as "Paul Edwards"
23 N L R . B, No. 54.
643
644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
because he joined and assisted the Union and engaged in concerted
activities with other employees for the purposes of collective bar-
gaining and other mutual aid and protection ; (2) that the respondent
advised, urged , threatened , and warned its employees to refrain
from becoming or remaining members of the Union ; and (3 ) that by
such acts , and other acts, the respondent interfered with, restrained,
and coerced its employees in the exercise of the rights granted to them
in Section 7 of the Act.
Thereafter the respondent filed an answer in which it admitted
certain allegations of the complaint with respect to its business and
the operation of its radio -broadcasting station, denied that it had
engaged in the alleged unfair labor practices , and averred that Ed-
wards had quit his employment immediately upon receiving notice
from the respondent 's vice president and general manager that his
services would be terminated on April 1, 1939.
Pursuant to the notice of hearing , a hearing was held at Mandan,
North Dakota, on May 18 and 19, 1939, before Charles E. Persons,
the Trial Examiner duly designated by the Board. The Board and
the respondent were represented by counsel and the Union by an
official of International Brotherhood of Electrical Workers, herein
called the I. B. E. W . The Board and the respondent participated
in the hearing . Full opportunity to be heard , to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues
was afforded all parties.
On August 28, 1939, the Trial Examiner filed his Intermediate
Report, copies of which were duly served on the respondent and the
Union, in which he found that the respondent had engaged in unfair
labor practices , within the meaning of Section 8 ( 1) and (3) of the
Act. He recommended that the respondent cease and desist from its
unfair labor practices ; that it make Edwards whole for any loss of
pay he may have suffered by reason of the respondent 's discrimina-
tion, and offer him reinstatement to his former position without
prejudice to his seniority and other rights and privileges ; and that
it take certain other affirmative action designed to effectuate the
policies of the Act.
On September 18, 1939, the respondent filed exceptions to the In-
termediate Report. On October 18, 1939, pursuant to Dermission
granted by the Board , the respondent filed a brief in support of its
exceptions . None of the parties requested oral argument before the
Board.
On April 20, 1940, the respondent , the Union, and counsel for the
Board entered into the following stipulation , subject to the approval
of the Board, in settlement of the case :
IT IS HEREBY STIPULATED AND AGREED , by and between , Mandan
Radio Association, Inc., respondent herein; International Broth-
MANDAN RADIO ASSOCIATION, INC., 645
erhood of Electrical Workers, Local B-975 (A. F. L.) charging
party herein; and Weldon P. Monson, Attorney for the National
Labor Relations Board, that:
1. Upon charges filed by the International Brotherhood of
Electrical Workers, Local B-975 (A. F. of L.) sometimes here-
inafter referred to as the Union, the National Labor Relations
Board, by the Regional Director for the Eighteenth Region, act-
,^.ing,.pursuant to authority granted in Section 10 (b) of the Na-
tional Labor Relations Act, 49 Stat. 449, and its Rules and
Regulations, Series I, as amended, Article IV; Section I, issued
its complaint on the 2nd day of May, 1939, against the Mandan
Radio Association, Inc.
II. On or about August 23rd, 1939, Charles E. Persons, Trial
Examiner, designated to conduct a hearing in the above case,
duly rendered his Intermediate Report after a hearing in which
all parties were represented and afforded an opportunity to
fully participate and to be heard in the proceeding. Copies of
said Intermediate Report were duly served upon all parties to
said proceeding.
On or about September 13th, 1939, the Respondent, Mandan
Radio Association, Inc., filed Exceptions to said Intermediate
Report,' and later its Brief in support thereof, which it hereby
withdraws and stipulates further that the record may be closed
for the purpose of effectuating the terms of this Stipulation.
III. Respondent, Mandan Radio Association, Inc., is and has
been for a long period of time a North Dakota corporation and
operates a radio station, known by the call letters KGCU. The
principal office of the respondent is at Mandan, with the radio
station located three miles east of that City. The respondent also
maintains a studio in Bismarck, North Dakota. There are no
subsidiary or affiliated organizations. The respondent is duly
licensed by the Federal Communications Commission. The
license was last renewed on March 6th, 1939. In experimental
broadcast, the station was heard in the neighboring states of
South Dakota and Montana, and in Canada. It has an effective
radius for program broadcasts at 125 miles. During 1938 and
the first four months of 1939, the station purchased approxi-
mately $2,350.00 worth of equipment and apparatus, 75 per cent
of which were purchased outside of North Dakota. The station
was operated on an average of 350 hours monthly. Forty-five
per cent of this time was used in the transcription of records
derived from the library of one C. P. McGregor, which is located
in California. The news broadcasts of the station, which cover
an average of twelve hours monthly, are derived from two
sources : The Trans-Radio News and the Associated Press. The
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646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
latter, comes through, a • local paper and radio association. In
both cases the source of this service is outside of North Dakota.
The respondent, Mandan Radio Association, Inc., is engaged
in interstate commerce within the meaning of the National Labor
Relations Act.
IV. The International Brotherhood of Electrical Workers,
Local B-975 (A. F. of L.) is a labor organization admitting to
its membership all production and maintenance employees of
the respondent , but excluding supervisory employees.
V. Upon this Stipulation, if approved by the National Labor
Relations Board, and all the proceedings heretofore had in this
matter, and on the record in this case , and the pleadings, an
Order may -forthwith be entered by said Board providing as
follows :
ORnrR
The Respondent , Mandan Radio Association , Inc., and its offi-
cers, agents , successors and assigns , shall:
.1. Cease and desist from :
(a) Discouraging membership in the labor organization known
as the International Brotherhood of Electrical Workers, Local
B-975 (A. F. of L.) or any other labor organization of its em-
ployees, by discharging or refusing to reinstate any of its em-
ployees, or in any other manner discriminating in regard to
their hire or tenure of employment or any term or condition of
their employment because of their membership in, activity in
behalf of, or sympathy toward any such labor organization :
(b) In any other manner interfering with, restraining or
coercing its employees in the exercise of the right of self-
organization to form, join or assist labor organizations ; to bar-
gain 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
under Section 7 of the National Labor Relations Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Make whole Paul N. Edwards for any loss of pay he
may have suffered by reason of the respondent 's discharge by
payment to him immediately of the sum of Three Hundred
Dollars ($300.00 ) which sum is in full satisfaction and settlement
of the amount he would have earned but for his discharge, from
the date thereof until the present date, less net earnings elsewhere.
(b) Post immediately in conspicuous places at its office in
Mandan, and in Bismarck , and at the KGCU Radio Station,
'MANDAN RADIO ASSOCIATION, INC. 647
and maintain for a period of at least sixty (60 ,) ,consecutive-,days,
notices to its employees, stating that respondent will cease and
desist in the manner set forth above in 1 (a) and (b) and will
take the affirmative action set forth in 2 (a) of this Order.
(c) File with the Regional Director of the Eighteenth Region,
within ten- (10) days from the date of the entry of this Order,
a report in.writing, setting forth in detail the manner and form
in which it has complied with the foregoing requirements.
VI. It is STIPULATED AND AGREED that the United States Cir-
cuit Court of Appeals for the Eighth Circuit, may, upon appli-
cation of the National Labor Relations Board, enter a decree,
enforcing the aforesaid Order of the Board, respondent expressly
waiving its right to contest the entry of such, decree in said
Circuit Court of Appeals, and further, respondent does hereby
expressly waive the right to receive notice of the filing by the
National Labor Relations Board of an application for the entry
of such a decree.
VII. It is FURTHER,UNDERSTOOD AND AGREED that this Stipu-
lation embodies the entire agreement between the parties and
that there is no verbal agreement of any kind which varies,
alters or adds to this Stipulation.
VIII. It is FURTHER UNDERSTOOD AND AGREED that this Stipu-
lation shall not become effective until approved by the National
Labor Relations Board, and that it shall become effective and
binding immediately upon such approval.
On April 24, 1940, the Board issued an order approving the fore-
going stipulation and making it a part of the record.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Mandan Radio Association, Inc., a North Dakota corporation with
.its principal office at Mandan, North Dakota, owns and operates, under
license issued by the Federal Communications Association, a radio
broadcasting station located three miles east of Mandan and known
by the call letters KGCU.
The respondent's radio station has an effective radius for program
broadcasts of. approximately 125 miles; experimental broadcasts have
been heard in South Dakota, Montana, and Canada. The station
operates approximately 350 hours per month, about 45 per cent of this
time being devoted to the playing of electrical transcriptions of records
obtained from a library located in California. News broadcasts which
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
average 12 hours a month, are derived from short-wave Trans-Radio
News, originating outside of North Dakota, and through a local paper
and radio association, this service also having its source outside of
North Dakota.
During 1938 and the first 4 months of 1939 the respondent purchased
equipment amounting to approximately $2350, approximately 75 per
cent of which was purchased outside of North Dakota.
We find that the respondent is engaged in trade, traffic, and com-
merce among the several States, and that the activities of the respond-
ent alleged in the complaint, occurring in connection with the
operations of the respondent described above, have a close, intimate,
and substantial relation to trade, traffic, and commerce among the
several States, and tend to lead to labor disputes burdening and ob-
structing commerce and the free flow of commerce.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local B-975, is
a labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the respondent, excluding
supervisory employees.
ORDER
Upon the basis of the above findings of fact, the above stipulation,
and the entire record, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that the respondent, Mandan Radio Association, Inc., Mandan,
North Dakota, its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Discouraging membership in the International Brotherhood of
Electrical Workers, Local B-975, affiliated with the American Federa-
tion of Labor, or in any other labor organization of its employees, by
discharging or refusing to reinstate any of its employees, or in any
other manner discriminating in regard to their hire or tenure of em-
ployment or any term or condition of their employment because of
their membership in, activity in behalf of, or sympathy toward any
such labor organization;
(b) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the right of 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 under Section 7 of the National Labor
Relations Act.
MANDAN RADIO ASSOCIATION, INC. 649
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Make whole Paul N. Edwards for any loss of pay he may have
suffered by reason of his discharge by payment to him immediately
of the sum of Three Hundred Dollars ($300.00) which sum is in full
satisfaction and settlement of the amount he would have earned but
for his discharge, from the date thereof until the present date, less net
earnings elsewhere;
(b) Post immediately in conspicuous places at its office in Mandan,
and in Bismarck, and at the KGCU Radio Station, and maintain for
a period of at least sixty (60) consecutive days, notices to its employees,
stating that respondent will cease and desist in the manner set forth
above in 1 (a) and (b) and will take the affirmative action set forth
in 2 (a) of this Order;
(c) File with the Regional Director of the Eighteenth Region, with-
in ten (10) days from the date of the entry of this Order, a report in
writing, setting forth in detail the manner and form in which it has
complied with the foregoing requirements.