Palm Springs Community Television Corp.

National Labor Relations Board - Board DecisionsSep 24, 1953

106 N.L.R.B. 1144 (N.L.R.B. 1953)

1144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of skill. Her rate of pay at the time of her discharge was 55 cents per hour. She was not justified therefore in limiting her search to work involving the use of any special skill. While she did not so limit her search altogether, but, in addition to her 3 applications at the only available garment factory, applied to a telephone company, a laundry, and a hospital, she made only 1 such application at each place over a period of nearly 4 years. Although she may have been warranted in not reapplying for the hospital job because of her lack of training for that work, no reason appears either for her failure to make additional applications at the laundry or telephone company, or for her failure, during the entire time that she was unemployed, to make other applications elsewhere. Upon the entire record, we find, therefore, that Clendenon did not make a reasonable effort between January 3, 1948, and November 1, 1951, to find new employment and that she is not entitled to any back pay for that period. ORDER IT IS ORDERED that the Board ' s prior determination in this case that Clendenon is entitled to back pay in the sum of $2,595.86 be, and it hereby is, set aside. DETERMINATION Upon the basis of this Supplemental Decision and the entire record in the case, the National Labor Relations Board hereby determines that Edna Clendenon is not entitled to any back pay under the terms of the decree of the United States Court of Appeals. Member Murdock took no part in the consideration of the above Second Supplemental Decision, Order, and Determination. PALM SPRINGS COMMUNITY TELEVISION CORPORATION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 440, A. F. L. Case No. 21-RC-3180. September 24, 1953 DECISION AND ORDER Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudical error and are hereby affirmed. The Employer contends that it is not engaged in commerce or in activities affecting commerce, and that it would not effectuate the policies of the Act to assert jurisdiction in this case . We find merit in this contention. 106 NLRB No 193. NEWS & OBSERVER PUBLISHING CO. 1145 The Employer , a California corporation , is engaged in receiving and distributing to homes and businesses in Palm Springs, California , television signals transmitted by certain Los Angeles television stations which are affiliated with CBS and NBC. The Employer receives the signals on a master antenna erected by it, and delivers them to its subscribers by a system of coaxial cables . The Employer operates under a 50-year franchise from the city of Palm Springs, which confers on the Employer the exclusive right to distribute television signals within Palm Springs , and requires the Em- ployer to provide service to all applicants in order of applica- tion, to maintain adequate and efficient facilities and service, and to submit its rates to the city council for approval. 1 So far as appears from the record, during the year ending May 31 , 1953, the Employer made no direct or indirect in- terstate purchases or sales, except for an item of $750 paid to an out - of-State law firm.2 During this period , the Employer received from International Telemeter Corporation, which owns all the Employer ' s stock , supplies in the value of $125,000. The record does not show what part , if any , of this amount originated out of State , except that an unspecified por- tion of these supplies consisted of coaxial cable , which was bought by Telemeter out of State. Upon the basis of the above facts, we find that the Employer does not have a sufficient volume of interstate commerce to warrant the Board's assertion of jurisdiction.3 Indeed, the impact of its operations on such commerce is so negligible as to be de minimis . Accordingly , we will dismiss the petition." [The Board dismissed the petition.] Member Murdock took no part in the consideration of the above Decision and Order. ' The Employer has no license from the Federal Communications Commission. 2 The Employer makes no payments to the broadcasting stations whose signals it receives. 3 This would be true even if we treated the Employer and its parent company, International Telemeter Corporation , as a single employer for jurisdictional purposes . Telemeter ' s annual interstate purchases , direct and indirect, did not exceed $240 ,('00, and its annual out-of-State sales amounted only to $600 , during the period ending May 31, 1953. 4 Because of our finding based on the insubstantial nature of its operations in commerce, we find it unnecessary to determine the nature of the Employer 's enterprise, more particularly whether or not it is a public utility or channel of interstate commerce. NEWS & OBSERVER PUBLISHING CO. and STEREOTYPERS & ELECTROTYPERS UNION OF NORTH AMERICA, AFL, Petitioner . Case No. 11 -RC-532. September 24, 1953 DECISION AND ORDER Upon a petition duly filed under Section 9 ( c) of the National Labor Relations Act, a hearing was held before Robert Cohn, 106 NLRB No. 186.