National Association of Broadcast Engineers and Technicians

National Labor Relations Board - Board Decisions

Mar 12, 1953

103 N.L.R.B. 479 (N.L.R.B. 1953)

NAT. ASSN. OF BROADCAST ENGINEERS AND TECHNICIANS 479
in the exercise of rights guaranteed in Section 7 of the Act, the Respondent has
engaged in and is engaging in unfair labor practices within the meaning of
Section 8 (a) (1) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting
commerce within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication in this volume.]
Appendix A
NOTICE TO ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board , and in order to effectuate the policies of the National Labor
Relations Act, as amended , we hereby notify our employees that:
WE WILL bargain upon request with UNITED GAS, COKE AND CHEMICAL
WORKERS of AMERICA , CIO, as the exclusive representative of all employees
in the bargaining unit described herein with respect to rates of pay, hours
of employment , or other conditions of employment , and embody in a signed
agreement any understanding reached. The bargaining unit is:
All production and maintenance employees at the Memphis, Tennessee,
plant, including truck drivers and janitors , but excluding all office
and clerical employees , salesmen , watchmen-guards, and supervisory em-
ployees as defined in the Act.
WE WILL NOT interrogate , by employment forms or otherwise , or threaten
employees concerning their union affiliation or sympathies.
WE WILL NOT in any like or related manner interfere with , restrain, or
coerce our employees in the exercise of the right to self -organization, to
form labor organizations , to join or assist UNITED GAS, COKE AND CHEMICAL
WORKERS OF AMERICA , CIO, or any other labor organization , to bargain
collectively through representatives of their own choosing , and to engage
in other concerted activities for the purpose of collective bargaining or
other mutual aid or protection , or to refrain from any or all of such
activities except to the extent that such right may be affected by an agree-
ment requiring membership in a labor organization as a condition of
employment , as authorized in Section 8 (a) (3) of the Act.
COMMERCIAL CHEMICAL COMPANY,
Employer.
Dated-------------------------- By---------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof , and must
not be altered , defaced, or covered by any other material.
NATIONAL ASSOCIATION OF BROADCAST ENGINEERS AND TECHNICIANS,
CIO and NATIONAL BROADCASTING COMPANY, INC. Case No.
2-CD-63. March 1 0,1953
Decision and Determination of Dispute
This proceeding arises under Section 10 (k) of the Act, which pro-
vides that "Whenever it is charged that any person has engaged in
103 NLRB No. 55.
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
an unfair labor practice within the meaning of paragraph (4) (D)
of section 8 (b), the Board is empowered and directed to hear and
determine the dispute out of which such unfair labor practice shall
have arisen, . . ."
On April 25, 1952, National Broadcasting Company, Inc., herein
called NBC, filed with the Regional Director for the Second Region a
charge against National Association of Broadcast Engineers and Tech-
nicians, CIO, herein called NABET, alleging that it had engaged in
and was engaging in certain activities proscribed by Section 8 (b) (4)
(D) of the amended Act. The charge alleged, in substance, that
NABET had induced and encouraged employees of NBC in the course
of their employment to engage in a strike or concerted refusal to use
equipment or perform services with an object of forcing or requiring
NBC to assign particular work to employees who are members of
NABET rather than to employees who are members of Theatrical
Protective Union, Local 1, International Alliance of Theatrical Stage
Employees and Moving Picture Machine Operators of the United
States and Canada, AFL, herein called IATSE.
Pursuant to Sections 102.71 and 102.72 of the Board's Rules and
Regulations, the Regional Director investigated the charge and pro-
vided for an appropriate hearing upon due notice to all the parties.
Thereafter, a hearing was held before Samuel M. Kaynard, hearing
officer, on November 25, 26, December 1, 2, 4, and 5, 1952. The hear-
ing officer permitted IATSE to intervene on the basis of its claim to
jurisdiction over the work tasks involved herein and its contract with
NBC. All parties appeared at the hearing and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to adduce evidence bearing on the issues. The rulings of the hearing
officer made at the hearing are free from prejudicial error and are
hereby affirmed. All parties presented their positions in oral argu-
ments before the hearing officer. All parties were afforded an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board I makes the following :
FINDINGS OF FACT
1. The parties stipulated, and we find, that the Company is en-
gaged in commerce within the meaning of the Act.
2. NABET and IATSE are labor organizations within the meaning
of the Act.
3. The dispute.
'Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three -member panel [ Chairman Herzog and
Members Styles and Peterson].
NAT. ASSN. OF BROADCAST ENGINEERS AND TECHNICIANS 481
A. The facts
The company owns and operates several television stations, includ-
ing WNBT, in New York City. Programs at WNBT originate from
several studios in New York City, located at Radio City, 106th Street,
International Theatre, and Studio "A," located in the WOR television
building at 67th Street and Columbus Avenue. Major shows, like a
dramatic or variety program, call for elaborate lighting plans.
Special lighting effects must be procured or improvised to create the
moods and atmosphere suggested by the script. In February 1949,
NBC acquired its first "special effects projector" 2 for use in the
Admiral Broadway Review at the International Theatre. From 1949
to August 1951, when the Board issued its Supplemental Decision
Clarifying Certification in the NBC "lighting" case,3 lighting opera,
tions were assigned as follows : At the television studios located in
the RCA Building, assignments were made to both NABET and
IATSE personnel on a rotating basis under a compromise agree-
ment between the parties; at NBC studios outside the RCA Build-
ing the duties were assigned exclusively to IATSE. Following the
Board's aforementioned Supplemental Decision, NBC withdrew
NABET engineers entirely from lighting operations. The change-
over took about 3 months, with the result that by November 1951,
IATSE stage electricians were assigned exclusively to the placing
and handling of lights in all the studios.
The history of the assignment of the operation of special effects
projectors at NBC is tied in with the history of the assignment of
lighting operations. Thus, from 1949 to August 1951, IATSE and
NABET personnel were assigned to lighting functions, including the
operation of the special effects projectors, on a rotating basis under the
compromise agreement in the RCA Building. Outside the RCA
Building, lighting functions were assigned solely to IATSE elec-
tricians.
By letter dated July 6, 1950, NABET informed NBC that :
NABET considers all projection devices used by the company
in its television operations as properly falling within our juris-
diction.... It appears that we must specifically point out
our jurisdiction over front or rear screen scenic projectors wher-
ever used and special projectors utilizing large transparencies
2 A special effects projector is a device employed to create such effects as moving clouds,
rippling water , falling leaves, fireplace flickerings , moonbeams , etc. It consists of a lamp
house containing a powerful incandescent lamp focused through a lens. The required
effect is secured by the image cast from the lamp through a disk or slide which is rotated
by means of a motor contained within the projector . The projector can be mounted on
a floor stand or suspended from a pipe or beam . It may be controlled by a switch placed
on the stand or through the dimmer board , the central control board for various lights
and power furnished to the studio for lighting.
3 National Broadcasting Company, Inc., 95 NLRB 1334, clarifying 89 NLRB 1289.
482 DECISIONS Oh' NATIONAL LABOR RELATIONS BOARD
placed and manipulated at present by others. . . . Accordingly,
we request the assignment of a NABET projectionist to perform
the necessary duties regarding the use of projection equipment.
After receipt of this claim, NBC made no change in its assignment
practices. From 1949, when NBC acquired its first special effects
projector, to August 1951, when NBC began its changeover to IATSE
electricians, NBC had no incidents with respect to special effects pro-
jectors, although IATSE men continued to operate them 4 Difficulties
with respect to the use of special effects projectors in broadcasts began
in August 1951, when NBC announced its intention to operate such
equipment by IATSE electricians both in RCA studios and in studios
outside the RCA Building.
In 1952, NBC did not use special effects projectors in actual broad-
casts except on the Kraft TV broadcast on January 2, 1952. The
alleged dispute arose out of the assignment of the operation of a spe-
cial effects projector to the IATSE electrician for the Hallmark (TV)
show on April 6,1952.
The Hallmark TV show was one of a series of Sunday afternoon
drama performances, broadcast from 4: 30 to 5 p. m., from "Studio A."
Preparation for the broadcast usually started a week before the broad-
cast. During that period, the program director rehearsed his actors
and laid out plans for the TV program; the technical director reviewed
the script and tended to the technical needs of the program, arranging
for the scheduling of technicians and equipment, by oral communica-
tions or written schedules and memoranda.
Before Sunday, April 6, 1952, Hanna, the technical director, had
received a copy of the program's script and noted that a special effects
projector was needed for the broadcast in order to create cloud effects
called for at two different points in the script action. As part of his
duties, he communicated with "Scheduling" to assure the presence of
the required personnel and requisitioned the special effects projector
for "Studio A" for the broadcast day.
Actor and camera rehearsals 5 for the program started on Sunday
morning, April 6,1952, at about 8 a. in. and continued up until approxi-
mately 4: 30 p. in., when the actual broadcast started. When Hanna
arrived at the studio about 7: 30 a. m., he checked tha various personnel
,'A study made by NBC on the use of special effects projectors from December 1950 to
January 1951 disclosed that such projectors had been used approximately 59 times in
39 or 40 shows.
6 A dry rehearsal from 8 to 8 : 30 a. m., at which the cameras are present but not used ;
a blocking rehearsal from about 8: 30 a. m. to about 11: 30 a. in, at which the cameras
are used and are moved about to the various positions and shots , assigned to the cameramen
and the equipment ; a run-through rehearsal from about 2 p. in. to about 3: 30 p. in., at
which the show is run through with the cameras in use, the shots taken, problems ironed
out, and corrections made, if need he, in the timing of moves from position to position ;
and a dress rehearsal, from about 3 : 30 p . in. to about 4: 30 p. in ., when the program is run
through in full dress.
NAT. ASSN. OF BROADCAST ENGINEERS AND TECHNICIANS 483
and equipment, noting that the special effects projector stood in the
corner near the dimmer board. Learning that one of the technical
crew had called in sick, Hanna, between 7: 30 a. m. and 9 a. m., tele-
phoned "Scheduling" to request a replacement to operate the special
effects projector.6 Sometime between 9 a. m. and 10 a. m., the replace-
ment, a NABET technician, named Berman, appeared at Studio A.
Thereupon Hanna instructed William Knight, the light direction en-
gineer, to secure the special effects projector and assist Berman in set-
ting it up. Knight, a light direction engineer, supervised not only
the placement of lighting equipment but also equipment such as the
special effects projector. Knight, accompanied by Berman, went over
to the dimmer board and spoke to Riley, the chief electrician. Riley
asked Knight, who was going to operate the special effects projector,
and Knight replied that Berman was. Riley thereupon declared that
IATSE always operated the special effects projector and Knight coun-
tered that NABET had always performed the operation. Riley re-
fused to surrender the special effects projector to Knight or Berman
or to furnish power for the projector.
Knight returned to the studio control room and reported the in-
cident and his conversation with Riley to Hanna, in the presence of
Program Director Corrigan. Hanna gave Knight no instructions,
but Knight went out onto the studio floor where he talked with various
cameramen and technicians, apprising them of the situation concern-
ing the special effects projector. After Knight's report, Hanna also
spoke to cameraman Mastronardi, the NABET councilman for the
technical crew, telling him the turn of events. Although Mastron-
ardi was noncommittal, he volunteered that he had already informed
Tyler Bryne, the NABET national representative, and that Bryne
was on his way to the studio "to settle the matter."
Sometime during the lunch break, between noon and 1 p. m., Tyler
Bryne appeared at the studio. He spoke with Hanna in the control
room, saying that NABET should operate the special effects projector.
Parts of this conversation were heard by various cameramen and
other technicians who passed through the studio control room. Dur-
ing this period, Knight informed Bryne of his conversation with Riley.
At about 1 p. m. Knight introduced Bryne to Aiken, the studio super-
visor, and Bryne went with Aiken to his office. There, Aiken asked
Bryne to outline his position on the special effects projector. Bryne
declared that the projector should be operated by a NABET man
and that if it were not operated by a NABET man, the cameramen
6 There is some question as to what Hanna told the scheduling office girl . He testified
that he requested the girl to send up a replacement to operate the special effects projector
but did not request either an IATSE or NABET man. However, he also stated that he
did inform the girl that a group 2 not a group 11 NABET man would be needed.
484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
would not take a picture of the effect. At about this time, Charles
Moos, NBC attorney, called Aiken. Moos advised Bryne that NBC
had considered the problem carefully and had decided that the opera-
tion of the special effects projector should be assigned to the IATSE
stage electricians and that the Company intended to proceed along
those lines. Bryne reiterated NABET's stand, asserting that if the
projector were operated by IATSE the cameramen would not take
a picture of the cloud effect.
Shortly after his conversation with Bryne, Moos again called Aiken
by telephone and told him that NBC wanted a clear decision on the
issue and was going to adhere to its policy of assigning the operation
of the special effects projector to IATSE electricians. He stated that
such work was to be assigned to IATSE electricians and that Pro-
gram Director Corrigan should proceed with the rehearsal as sched-
uled to see if NABET did carry out the threat and strike, the actual
broadcast of the program should not be endangered and some sub-
stituted effect should be used. Executive Producer Coulter also ad-
vised Corrigan of the NBC's plan of action and Corrigan agreed to
follow it. Corrigan similarly informed Hanna that they would try
to get the cloud effect shots during rehearsal and if they failed to
do so, would make a substitution.
Meantime Studio Supervisor Aiken instructed Chief Electrician
Riley to project the cloud effect and to keep the projector on after
the beginning of the second act. Riley kept the special effects projec-
tor operating all afternoon.
The run-through rehearsal began at about 2 p. m. The script called
for 2 shots of the cloud effect scene at the beginning of the second act
and 5 minutes later. Program Director Corrigan gave Hanna the
appropriate cues, which Hanna relayed. The cameras did not pick
up the projected cloud effect scene. Thereafter a film sequence and
lightning was substituted for the cloud effect and the dress rehearsal
and the actual broadcast went off without incident.
On April 6, after the broadcast, Hanna executed the log sheet set-
ting forth the pertinent facts of the rehearsal and program, without
mentioning the incident involving the special effects projector and
the failure of the cloud effect to appear on the camera monitor. The
supervisor of technical operations, Davis, called Hanna into his office
the next day and told him to include something on the incident.
Hanna reported to NABET, and the NABET official instructed him
to hold off until he had received further instructions. On April 8, or
9, 1952, Davis asked Hanna for his report and Hanna told Davis he
had to talk it over with NABET. Hanna then spoke with Alan Perl,
NAT. ASSN. OF BROADCAST ENGINEERS AND TECHNICIANS 485
attorney for NABET, and was instructed to report the incident. He
inserted the following comments : 7
Cloud effects projector was ordered by me for use on show of
4/6/52; Aiken told me 'IATSE will do this work'. An IATSE
man was assigned but the cameramen refused to take pictures of
the clouds. Corrigan decided not to use the cloud effect.
B. Bargaining history
NBC has bargained with NABET and its predecessor organiza-
tion since 1933 for a systemwide unit of "technical" employees. In
1944, NABET was certified by the Board as the bargaining repre-
sentative of a systemwide unit of "all technical employees, wherever
located * * * engaged in operating technical facilities" in the en-
gineering departments of NBC and the Blue Network, predecessor
to the American Broadcasting Co.' The Present contract between
NBC and NABET is dated November 1, 1951, and expires on January
31,1954. "Employee," covered by the contract, includes "all the tech-
nical employees of the Company wherever located, employed in the
engineering department of the Company," with certain named exclu-
sions. The technical director, light direction engineers, cameramen,
and other technicians are covered by the contract.
NBC has bargained with IATSE since May 1941. In June 1950,
IATSE was certified by the Board as the representative of NBC
employees in a unit of "All stage electricians, stage carpenters, and
stage propertymen, excluding all other employees and supervisors as
defined in the Act, at television station WNBT, New York City." e
The most recent contract was dated September 1, 1950, and expired on
August 31, 1952. At the time of the hearing, NBC and IATSE were
negotiating a contract. During the hiatus period, NBC and IATSE
were operating under the express terms and provisions of the expired
contract. The coverage of the IATSE contract embraces "television
Shop Heads, Head Stagehands, Stage Carpenters, Stage Electricians,
Stage Propertymen, television Stage and Shop apprentices and Extra
Men" employed by NBC "in connection with the preparation of tele-
vision performances at its television stages or shops in New York City,
and at such other theaters and spot locations in New York City as
may be mutually agreed upon." The contract jurisdiction provision
states that
7 Questioned about these comments , Hanna stated that be did not know, of his own knowl-
edge, that the cameramen had refused to take the shots but that he surmised it from the
circumstances : the cameras took pictures before and after they were supposed to take the
effect , there was time for them to shift into position to take the effect, and the effect was
projected, but the camera monitors were blank.
National Broadcasting Company, Inc., 59 NLRB 478.
Natio nal Broadcasting Company, Inc., 89 NLRB 1289
257965-54-vol. 103-32
486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The jurisdiction of stage electricians covers the maintenance,
repair, placement and operation of spotlights and other lighting
devices used to light the set in connection with such television
performances.
On July 13, 1951, NBC, IATSE, and NABET filed a joint petition
requesting the Board to clarify the unit for which IATSE had been
certified by indicating whether or not the Board intended to limit
"stage electricians" to those employees bearing that title on the NBC
payroll, or whether the Board intended to include those NBC em-
ployees who regularly spend more than 50 percent of their time in the
handling and placing of television lights, regardless of their job
titles. On August 24, 1951, the Board issued a Supplemental De-
cision Clarifying Certification, finding that engineers or any other
NBC employees, irrespective of their job designation, who regularly
spend more than 50 percent of their time handling and placing tele-
vision lights are included in the unit for which IATSE had been
certified 1e
C. Contentions of the parties
NABET contends that the Board is without jurisdiction to de-
termine the dispute for two reasons : (1) The facts, as revealed at
the hearing, do not establish a prima facie case because there was no
evidence of a refusal by the cameramen to take the cloud effect and,
even if there was such a refusal, there was no evidence that NABET
issued such instructions or engaged in any strike action; and (2) the
facts, on the contrary, show that it was IATSE that engaged in such
strike action.h1 Both NBC and IATSE concede that there is no di-
rect evidence that NABET issued any instructions to the employees
or called a strike of the cameramen at the studio, but contend that such
an inference is inescapable from the fact that the threats made by
Bryne before the rehearsal were followed, as threatened, by the failure
of the cameramen to take the shots.
With respect to the merits of the dispute, NABET contends that
the work tasks of the operation and maintenance of the special effects
projectors falls properly to technicians within the NABET unit at
NBC. In support of this position, NABET urges the following con-
siderations: (1) Similarity between the special effects projectors
and other projectors, e. g., front and rear screen projectors and film
studio projectors, and similarity to other electronic equipment manned
by NABET personnel; (2) history of the assignment of the opera-
- National Broadcasting Company, Inc., 95 NLRB 1334.
n In support of this contention , NABLT points to the alleged refusal of electrician Riley
to surrender the special effects projector to Knight, the light direction engineer, and to
Berman, and the refusal of Riley to furnish power for the special effects projector when so
requested by Knight.
NAT. ASSN. OF BROADCAST ENGINEERS AND TECHNICIANS 487
tion and maintenance of special effects projectors by NBC to NABET
technicians; (3) lack of any definite assignment of such equipment
by NBC to IATSE electricians 12 Both NBC and IATSE contend
that the operation and maintenance of the special effects projector
properly belongs to the electrician in the IATSE unit at NBC, rather
than to the NABET technicians.
In support of this contention they point to the following facts and
considerations: (1) The similarity between the special effects pro-
jector and other lighting equipment presently operated and main-
tained by IATSE electricians; (2) the history of assignment of the
operation of the special effects projector by NBC to IATSE elec-
tricians, both before and on April 6, 1952; (3) the comparison between
the special effects projector and other types of projectors used by
NBC in its TV operations, such as front and rear screen projector,
film projector in the film studios; (4) the history of operation of such
special effects equipment by IATSE stagehands and electricians in
theatres; (5) coverage and jurisdictional provision in the NBC-
TATSE contract which assigns such work to the IATSE unit em-
ployees; (6) practice in the TV industry to grant such work to IATSE
electricians; and (7) decisions by the Board which indicate that the
operation of such equipment properly belongs within the IATSE unit
of stagehands and electricians.
D. Applicability of the statute
The charge, which was duly investigated by the Regional Director,
alleges a violation of Section 8 (b) (4) (D) of the Act, and the
Regional Director was satisfied upon the basis of such investigation
that there was reasonable cause to believe that a violation of Section
8 (b) (4) (D) of the Act had been committed.
The record before us establishes that there is reasonable cause to
believe that NABET induced and encouraged employees of NBC to
engage in a concerted refusal to cease work, in order to force or require
NBC to assign the operation of the special effects projectors to mem-
bers of NABET although this work had been assigned to, and was
being performed by, employees who were members of IATSE. The
Board has held that such factual circumstances are sufficient to in-
voke the Board's jurisdiction to hear and determine a dispute within
the meaning of Sections 8 (b) (4) (D) and 10 (k) of the Act 13 We
v In support of this contention , NABET argues that the management personnel in the
studio on the morning of April 6 were unaware of any definite policy, as evidenced by their
calls outside the studio and by Aiken 's inquiries to both NABET and IATSE personnel,
whether either group would accept "standbys ," and by the Company's failure to order the
cameramen to take the shot before making the substitution.
Is Truck Drivers and Chauffeurs Union, Oil Driv ers and Filling Station Employees, Local
Union No . 705, International Brotherhood of Teamsters , Chauffeurs, Warehousemen h
Haulers of North America, AFL (Direct Transit Lines ), 92 NLRB 1715.
Ogg DECISIONS OF NATIONAL LABOR RELATIONS BOARD
find that this is a dispute within the meaning of Sections 8 (b) (4)
(D) and 10 (k) of the Act, and contrary to NABET's contentions,
that it is therefore properly before us for determination.
E. The merits of the dispute
We view the dispute here presented as essentially a disagreement
between 2 unions over the question as to which of the 2 existing bar-
gaining units appropriately includes the job of operating the special
effects projector 14
Since the issuance of the Board's Supplemental Decision Clarifying
Certification of IATSE as representative for a unit of "all stage elec-
tricians, stage carpenters, and stage property men," NBC has pro-
gressively withdrawn NABET engineers from various lighting opera-
tions. The record establishes that NBC regarded the assignment to
a stage electrician of the job of operating the special effects projector
as conforming to the certification of the Board determining the bar-
gaining representative for employees performing such work.15
In the Supplemental Decision, the Board stated: 16
Television lighting equipment in almost all respects is identical
to lighting equipment used in motion picture and photography
studios and on the theatrical stage. The same methods for rig-
ging, fastening, and manipulating lights are used. Special light-
ing such as a flickering fireplace or moonbeams likewise are ob-
tained through the use of standard theatrical equipment or by
improvisation, just as is done on the stage or in motion pictures-
Under these circumstances the Board concluded :
It is evident from the delineation of lighting duties in the deci-
sion that these duties, whether carried out by stage electricians
or engineers, do not bring into play advanced electronic knowl-
edge or skills acquired through higher learning or special train-
ing and experience. Having reconsidered the record on which
the decision in this case was based, we are convinced that this
work can be and is effectively being accomplished by the tradi-
tional stage electrician of the stage and amusement world. When
an engineer ceases to perform such work as a mere incident to
his all-around engineering functions, but regularly takes on these
duties as his main operation, he thereby forsakes his special field
and assumes the character of a stage electrician.
,1* See Winslow Bros. d Smith Co., supra; Safeway Stores, Incorporated, 101 NLRB
181.
16 The conduct specified in Section 8 (b) (4) (D ) is proscribed "unless such employer is
failing to conform to an order or certification of the Board determining the bargaining
11representative for employees performing such work. . . .
16 National Broadcasting Company, Inc , 95 NLRB 1334, 1335-1336, quoting from 89 NLRB
1289 , at 1300, and footnote 15.
SEDALIA MARSHALL BOONVILLE STAGE LINES, INC. 489
The Board has carefully analyzed the evidence adduced in the pres-
ent proceeding and finds no reason to depart from the findings set
forth at some length in its decisions in the representation proceeding
mentioned above, where we considered the issue of the unit placement
,of work tasks of the type here disputed. Under these circumstances,
and on the basis of the entire record, we conclude that special lighting
effects are included in the lighting duties which characterize stage
electricians, and that employees operating special effects projectors
have interests in working conditions more closely related to those of
:stage electricians than to those of engineers. Accordingly, the Board
finds that the disputed work tasks appropriately are included in the
bargaining unit presently represented by IATSE.
Determination of the Dispute
On the basis of the foregoing findings of fact, and upon the entire
a•ecord in this case, the Board makes the following determination of
dispute pursuant to Section 10 (k) of the amended Act:
1. The operation of special effect projectors at the Company's tele-
vision station, WNBT, New York City, is included in the bargaining
unit presently represented by Theatrical Protective Union, Local 1,
International Alliance of Theatrical Stage Employees and Moving
Picture Machine Operators of the United States and Canada, AFL,
and not in the bargaining unit now represented by National Associa-
tion of Broadcast Engineers and Technicians, CIO.
2. Within ten (10) days from the date of this Decision and Deter-
mination of Dispute, National Broadcasting Company, Inc., National
Association of Broadcast Engineers and Technicians, CIO, and The-
atrical Protective Union, Local 1, International Alliance of Theatrical
Stage Employees and Moving Picture Machine Operators of the
United States and Canada, AFL, shall each notify the Regional Di-
rector for the Second Region, in writing, of the steps it has taken to
comply with the terms of this Decision and Determination of Dispute.
SEDALIA MARSHALL BOONVILLE STAGE LINES, INC. and TEAMSTERS
UNION, LOCAL No. 90, AFFILIATED WITH INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA, A. F. L., PETITIONER. Case No. 18-RC-1778. March 12,
1953
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Erwin A. Peterson , hearing
103 NLRB No. 69.