The Pulitzer Publishing Co.

National Labor Relations Board - Board Decisions

Dec 10, 1952

101 N.L.R.B. 1005 (N.L.R.B. 1952)

THE PULITZER PUBLISHING COMPANY 1005
THE PULITZER PUBLISHING COMPANY (RADIO STATION KSD,
KSD-TV) and LOCAL 1217, INTERNATIONAL BROTHERHOOD OF ELEC-
TRICAL WORKERS, AFL, PETITIONER
THE PULITZER PUBLISHING COMPANY (RADIO STATION KSD,
KSD-TV) and LOCAL 143, INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF THE
U. S. AND CANADA, AFL, PETITIONER
THE PULITZER PUBLISHING COMPANY (TELEVISION STATION KSD-TV)
and ST. Louis THEATRICAL BROTHERHOOD , LOCAL #6, INTERNATIONAL
ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE
MACHINE OPERATORS OF THE U. S. AND CANADA, AFL, PETITIONER
THE PULITZER PUBLISHING COMPANY (TELEVISION STATION KSD-TV)
and LOCAL 666, INTERNATIONAL PHOTOGRAPHERS OF THE MOTION
PICTURE INDUSTRIES, INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF THE
U. S. AND CANADA, AFL, PETITIONER . Cases Nos. 14-RC-1831,
14-RC-1915,1.-RC-1917, and 14-RC-1918. December 10, 1959
Decision, Order, and Direction of Elections
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a hearing on the consolidated cases was
held before Harry G. Carlson, hearing officer. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
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].
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The IBEW (Case No. 14-RC-1831) requests a unit of all broad-
cast engineers, projectionists, stagehands, and film cameramen in the
Employer's radio and television stations in St. Louis, Missouri.
Local 143 (Case No. 14-RC-1915) requests a separate unit of projec-
tionists; Local 6 (Case No. 14-RC-1917) requests a separate unit of
stagehands; and Local 666 (Case No. 14-RC-1918) requests a separate
unit of film and sound cameramen. The Employer is neutral, except
101 NLRB No. 156.
1006 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that it contends that the cameramen are not employees, but are
independent contractors.
All employees in the broad unit requested by the IBEW are directly
supervised by the Employer's chief technical engineer. The engineers
have been covered by written collective bargaining contracts between
the Employer and the IBEW since 1941. The stagehands, projec-
tionists, and cameramen have not been covered by written contracts.
For approximately 5 years the Employer has operated under an oral
understanding with Locals 666, 143, and 6 that it would grant projec-
tionists and stagehands the top wage rate and the same benefits secured
by the engineers, and that it would employ only Local 143 members
as projectionists, Local 6 members as stagehands, and Local 666
members as cameramen.'
The Employer employs 36 engineers who work in both the radio and
television stations, and are interchanged as need may require. Almost
all of them are licensed by the Federal Communications Commission.
Their duties require a basic knowledge of electronics and include in-
stallation, maintenance, and operation of studio equipment such as
electronic studio cameras, microphones, booms, and lights, as well as
some maintenance of the projection machines, and operation of the
transmitter. During telecasting, an engineer is stationed in both the
control room and the projection room, one of them usually assuming
the position of technical director responsible for the quality and
synchronization of lighting and sound, and clearness of picture. The
parties do not dispute, and we find, that the broadcast engineers are
technical employees.2
The four projectionists operate and maintain the film projectors.
They screen and edit new film for quality. The projectionists cut and
splice film called for in the day's broadcast schedule and scripts, and
are responsible that the film is in good condition and cut to the proper
running time. The Board has considered the duties and training of
projectionists in the television industry on several previous occasions,
and has concluded that they are technical employees who appropriately
belong in a unit with the engineers.3 Examination of the record and
briefs in this case convinces us that the duties of these employees are
substantially the same as those of projectionists generally in the tele-
vision industry. We find, therefore, that they are technical employees
whose interests are allied with those of the engineers.
Motion picture cameramen are employed at the discretion of the
Employer from a pool of available cameramen as needed to take film
for television broadcasting of events which occur outside the studio.
I There is a dispute as to the understanding regarding soundmen.
2 The Fort Industry Company, 88 NLRB 527.
• Greensboro News Company Station, WFMY-FM and WFMY-TV, 92 NLRB 245 ; Ameri-
can Broadcasting Co., Inc., 92 NLRB 995 ; The Fort Industry Company, 88 NLRB 527.
THE PULITZER PUBLISHING COMPANY 1007
The five cameramen composing the pool averaged 19 days' work with
the Employer in 1950, and 19 days' work in 19514 All cameramen
employed by the Employer have served an apprenticeship and are
technically skilled in the operation and maintenance of the various
silent and "single system sound" film cameras. The work done by the
cameramen for the Employer is directed in detail by the Employer's
program, news events, or publicity director, depending on the nature
of the assignment. Cameramen are not carried on the Employer's
payroll, nor does the Employer deduct social security or withholding
tax for them. They submit a statement after completion of a job,
and include therein their own wages and camera rental, at the going
union rate, plus expenses , including occasionally the wages of the
soundman. No profit accrues to the cameramen other than their wages,
and the Employer pays the charges whether or not the film is good
or is used for broadcasting. A soundman accompanies each camera-
man to operate the electronic sound device attached to the camera,
synchronizing the sound with the picture and modulating the volume
and flow of sound. In view of all the circumstances, particularly the
retention by the Employer of the right to direct and control the man-
ner in which the cameramen's work shall be performed, we find,
contrary to the contention of the Employer, that the cameramen are
employees and not independent contractors b As to the unit, the
technical character of the skill and duties of the cameramen and
soundmen 6 indicates that these employees may appropriately be placed
in the unit of engineers and projectionists with whom they share
common supervision. On the other hand, the separate location of their
work, dissimilar skills, method and rate of pay, tenure of employment,
and working conditions indicate that the separate unit requested by
Local 666 may also be appropriate. Under the particular circum-
stances of this case, therefore, we shall accord the cameramen and
soundmen an opportunity to express their desires as to whether they
wish to be represented separately or as part of the engineers' and
projectionists' unit.
Accordingly, we shall direct that separate elections be held among
the following voting groups of employees employed at the Employ-
er's radio and television stations KSD and KSD-TV, St. Louis, Mis-
souri , excluding announcers , actors, producers, producer-directors,
newswriters, still news photographers, script writers, employees han-
dling records and transcriptions, wardrobe and costume employees,
clerical employees, guards, professional personnel, all other employees
* Because of a disagreement between the IBEW and Local 666 over which union should
furnish the soundmen , the Employer has had little employment for cameramen and
soundmen during 1952.
5 The Bethlehems ' Globe Publishing Company, 98 NLRB 1238 . There is no contention
that the soundmen are independent contractors.
See Trans film, Incorporated, 100 NLRB 78.
1008 DECISIONS OF NATIQNAL LABOR RELATIONS BOARD
currently covered by a written contract with the Employer, and super-
visors as defined in the Act :7
I. All broadcast engineers and projectionists.
II. All cameramen and soundmen.
If a majority of employees in voting group II select a bargaining
agent different from that selected by a majority of employees in vot-
ing group I, the employees in voting group II will be taken to have
indicated their desire to constitute a separate unit; and if a majority
of employees in voting group I select a collective bargaining agent,
the Regional Director conducting the elections directed herein is in-
structed to issue certificates of representatives to the collective bar-
gaining agent so selected for (1) a unit consisting of the employees in
voting group I, and (2) a unit consisting of employees in voting group
II, which the Board finds under such circumstances to be appropriate
for purposes of collective bargaining. In the event a majority of the
employees in voting groups I and II select the same bargaining agent,
the employees in voting group II will be taken to have indicated a de-
sire to be included in the same bargaining unit as the employees in
voting group I, and the Regional Director is instructed to issue a cer-
tificate of representatives to the bargaining agent so selected for a
unit consisting of all employees in voting groups I and II, which unit
the Board finds under such circumstances to be appropriate for pur-
poses of collective bargaining.
Stagehands
There are four stagehands who are regularly employed. Their du-
ties include moving sets and scenery, holding cards and photographs
before the camera, and performing carpenter and art work as re-
quired. The stagehands assemble and set up props required for the
live shows scheduled for the day's broadcasting, and operate scenery
and props, including some lighting effects and sound effects, during the
live shows. All the regular stagehands are journeymen who have
received 4 years' training under Local 6's apprenticeship program,
which includes instruction in the union school or in a trade school, and
yearly examinations, with a final examination for journeyman status.
Stagehands have no knowledge of electronics, and are never inter-
changed with engineers Accordingly, we are satisfied that the stage-
craft background, skills, and interests of the journeymen stagehands
are clearly different from those of the engineers, and that they com-
prise a homogeneous identifiable group which appropriately consti-
tutes a separate unit.'
5. Local 666 requests that all cameramen and soundmen employed
by the Employer for a minimum of 3 days within the 13-month pe-
T The parties agree as to the exclusions.
8 See National Broadcasting Company, Ino ., 89 NLRB 1289 ; 95 NLRB 1334.
HESS, GOLDSMITH & CO., INC. 1009
riod preceding the election be eligible to vote in the election. The re-
quested eligibility formula differs somewhat from that adopted by the
Board in recent decisions 9 for employees, like the cameramen and
soundmen, employed on an irregular basis from a pool of available
trained employees. However, in view of the fact that none of the par-
ties objects, and under the special circumstances of this case,10 we find
that the eligibility formula advanced by Local 666 is an equitable one.
Accordingly, all cameramen and soundmen 11 who have been employed
for 3 or more days by the Employer within the 13-month period im-
mediately preceding the date of this Decision and Direction of Elec-
tion shall be eligible to vote in the election.
Order
As we have found that the unit petitioned for in Case No. 14-RC-
1915 is inappropriate for purposes of collective bargaining, that peti-
tion is herewith dismissed.
[Text of Direction of Elections omitted from publication in this
volume.]
9 Trans film, Incorporated, 100 NLRB 78 ; Society of Independent Motion Picture Pro-
ducers, 94 NLRB 110; Television Film Producers Association , 93 NLRB 929.
11 Although soundmen are classified as stagehands , they may, if they do soundman work
10 See footnote 4.
and meet the eligibility requirements of paragraph 5, vote in the cameramen and sound-
men voting group. The Ocala Star Banner, 97 NLRB 384.
HESS , GOLDSMITH & CO., INC., ATWATER DIVISION and UNITED TEXTILII
WORKERS OF AMERICA, AFL, PETITIONER. Case No. 4-RC-16213.
December 10, 1952
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Harold Kowal, a
hearing officer of the National Labor Relations Board. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.,
'Concerning our ruling on the admission of certain evidence , see footnote 4, below.
At the hearing the Textile Workers Union of America , CIO, the Intervenor, filed a
motion to dismiss the petition on grounds relating to the compliance status of the Peti-
tioner and its Local 998 . The fact of compliance by a labor organization which is
required to comply is a matter for administrative determination and is not litigable by
the parties . Moreover, the Board is administratively satisfied that the Petitioner and
its local are in compliance . See Sunbeam Corporation, 94 NLRB 844, 98 NLRB 525;
Swift d Company, 94 NLRB 917 ; compare Highland Park Manufacturing Company, 71
S. Ct 489. It appears that Petitioner's Local 998, which will represent the employees
requested , achieved compliance as a new local during the course of the hearing. We
deny the Intervenor 's motion to dismiss for failure to comply at the time of filing. See
United States Gypsum Company, 100 NLRB 1100.
101 NLRB No. 173.