Radio Station WAPA

National Labor Relations Board - Board Decisions

Feb 27, 1953

102 N.L.R.B. 1676 (N.L.R.B. 1953)

1676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All of our employees are free to become, remain , or refrain from becoming
members of the above -named union or any other labor organization except to
the extent that their right to refrain may be affected by a lawful agreement
which requires membership in a labor organization as a condition of employment.
C. C. LANG & SON, INC.,
Employer.
By----------------------------
(Representative ) ( Title)
Dated----------------------------
This notice must remain posted for 60 days from the date hereof, and must
not be altered, defaced, or covered by any other material.
RADIO STATION WAPA and GREMIO DE PRENSA, RADIO Y TEATRO DE
PUERTO RICO, INDEPENDIENTE , PETITIONER . Case No. 24-RC-241.
February 27,1953
Supplemental Decision and Order
On November 19, 1951, the Board issued a Decision and Direction
of Election in the above-entitled case.' Thereafter, on December 29,
1951, the Petitioner was certified as the representative of a unit of
all radio actors, actresses, sound men, comedians, special program
announcers, narrators, and commentators, scriptwriters, and all such
employees who work on packaged programs sponsored by Procter &
Gamble Commercial Company and other sponsors, but excluding all
executive and administrative personnel, radio station announcers,
control men, transmitter operators, guards, watchmen, and all super-
visors as defined in the amended Act. On January 13,1953, on motion
of the Petitioner, the Board reopened the record and remanded this
proceeding to the Regional Director for the Twenty-fourth Region
for the purpose of conducting a hearing as to the unit status of
employee Margarita Nazario.2
Pursuant to the Board's Order of January 13, a reopened hearing
was held on January 23 before George L. Weasler, hearing officer.
The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board 3 makes the following
supplemental findings :
' Not reported in printed volumes of Board decisions.
x On November 3, 1952, the Petitioner filed a motion to reopen hearing and clarify unit
as to the status of employee Nazario. On December 17 the Board issued a notice to
show cause why the Board should not grant the motion of the Petitioner. No responses
having been filed to this notice, the order to reopen and remand ensued.
8 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this proceeding to a three -member
panel [Members Houston , Murdock , and Styles].
102 NLRB No. 159.
GREENEVILLE CABINET CO., INCORPORATED 1677
The Board, in its decision and direction of election in this matter,
found that a unit of program personnel including scriptwriters was
appropriate for the purposes of collective bargaining with the Em-
ployer. Announcers and control operators at the Employer's radio
station are represented in a separate unit. Employee Margarita
Nazario voted under challenge in the election directed herein and the
Petitioner contends that her duties are those of a scriptwriter included
in the unit. The Employer contends that employee Nazario is a
clerical employee not properly included in the bargaining group
specified by the Board.
The record shows that employee Nazario's work, prior to Septem-
ber 1952, consisted of script continuity writing as well as other duties
in the station music library. Since that date, however, she has been
employed as a music librarian and her duties consist of maintaining
the record files and forwarding lists of records to be used in programs
to the control room. In the latter assignment she apparently exercises
some discretion as to the choice of music to be played. For a minor
portion of each day, she also performs secretarial work for the station
production manager. Her hours of employment vary from those of
the regular secretarial staff.
On the entire record, the Board finds that employee Nazario, while
not within the classification of scriptwriter, has duties, interests, and
conditions of employment closely allied to those of employees in the
unit found appropriate and is properly included in such unit.
Order
IT IS HEREBY ORDERED that the Decision and Certification of Repre-
sentatives in this proceeding be, and it hereby is, amended specifically
to include the music librarian in the unit therein found appropriate
for purposes of collective bargaining.
GREENEVILLE CABINET Co., INCORPORATED 1 and CONGRESS OF INDUS-
TRIAL ORGANIZATIONS . Case No. 10-CA-1037. February 277 1953
Decision and Order
On September 5, 1952, Trial Examiner Sydney S. Asher, Jr., issued
his Intermediate Report in the above-entitled proceeding, finding that
the Respondent had engaged in and was engaging in certain unfair
labor practices, and recommending that it cease and desist therefrom
and take certain affirmative action, as set forth in the copy of the
"It appears from certain papers filed in this case that, subsequent to the hearing, the
Employer 's name was changed to The Magnavox Company of Tennessee.
102 NLRB No. 174.