WCAU Broadcasting Co.

National Labor Relations Board - Board Decisions

Feb 12, 1947

72 N.L.R.B. 537 (N.L.R.B. 1947)

In the Matter of WCAU BROADCASTING COMPANY , EMPLOYER and
AMERICAN FEDERATION OF RADIO ARTISTS , A. F. OF L., PETITIONER
Case No.4-R-2289 .Decided February 12, 1947
Mr. Louis Levinson , of Philadelphia , Pa., for the Employer-
Mr. L. Coggeshalli, of New York City , for the Petitioner.
Mr. Benj . E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Phila-
delphia, Pennsylvania, on November 8, 1946, before Helen F. Hum-
phrey, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.'
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE 13USINESS OF THE EMPLOYER
WCAU Broadcasting Company, a Pennsylvania corporation, oper-
ates Radio Station WCAU at Philadelphia, Pennsylvania. The Em-
ployer operates tinder a license from the Federal Communications
Commission and is affiliated with the Columbia Broadcasting System
network which is a national broadcasting organization. Programs
of the National network which are broadcast throughout the United
States and transmitted locally by Radio Station WCAU, constitute
35 percent of the Employer's business. Approximately 35 percent
of the Employer's broadcasts are received by wire from sources out-
side the Commonwealth of Pennsylvania. The Employer receives
a substantial part of its revenue from advertisers who are engaged
in interstate commerce.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
'The hearing officer reserved ruling for the Board on the Employer 's motion to dismiss
the petition on the grounds that Petitioner presented no evidence in support of its conten-
tions The motion is hereby denied
72 N L. R. B., No. 101 537
538 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner contends that the appropriate unit should comprise
all staff announcers and special program announcers, excluding sing-
ers, actors, musicians, and supervisory employees. The Employer
contends that special program announcers and staff announcers re-
spectively should constitute separate units. Also, the Petitioner
would exclude Norris West and include Helen Buck; the Employer
would include them.
Staff announcers: These employees work under the supervision of
the program director and his assistant. They introduce various types
of radio programs by reading previously prepared lines or by making
extemporaneous remarks. They take no part in the preparation of
the programs they announce, except in cases of extreme emergency
when they substitute for the regular program announcers. Staff an-
nouncers receive a weekly salary, overtime in excess of 40 hours a week
and vacation and sick benefits. In addition to compensation received
directly from the Employer, staff announcers have commercial pro-
grams for which they are paid by the sponsors.
Special program announcers: These employees prepare their own
programs and broadcast them under the direction of the program
director. Special program announcers are carried on the Employer's
pay roll and are paid on either weekly or program basis. They re-
ceive a much higher hourly rate than staff announcers, but receive no
overtime, sick or vacation privileges.
Although the foregoing reveals that there is some dissimilarity
between the duties and functions of the staff announcers and special
program announcers, we are of the opinion that inasmuch as all per-
form essentially similar functions, they enjoy a sufficient community of
interest to warrant their inclusion in the same ullt.2
Helen Buck: Buck serves as head of the transcription recording
section where, with the help of two assistants, she schedules, checks,
and times recordings which are to be used on various programs. As
incidental to her other duties, she also conducts a 5-minute program
2 See Matter of Miami Valley Broadcasting Coip , Operating Radio Station WHIO, 70
N. L. R. B. 1015, Matter of Texas Star Broadcasting Company, 67 N. L. R. B. 103.
WCAU BROADCASTING COMPANY 539
5 nights a Week as movie commentator. She has the power to recom-
mend the discharge and discipline of employees who assist her in the
capacity of record librarian. Although Buck has no supervisory
authority over employees within the alleged appropriate unit, she is
nevertheless, primarily employed as a supervisor by the Employer and,
as such, we shall exclude her from the unit.
Norris West: West is assistant program director with immediate
supervision of staff and special program announcers. He also does
some announcing himself. It is clear from the record that West
possesses supervisory authority within the Board's customary defini-
tion thereof; we shall exclude him.
We find that all employees of Radio Station WCAU appearing on
the air, including staff announcers, special program announcers,3 but
excluding singers, actors, musicians, head of the transcription record-
ing section,' assistant program director,5 and all or any other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with WCAU Broadcasting Com-
pany, Philadelphia, Pennsylvania, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision of
the Regional Director for the Fourth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Sections
203.55 and 203.50, of National Labor Relations Board Rules and Regu-
lations Series 4, among the employees in the unit found appropriate
in Section IV, above, Who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill or
oil vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls. but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether or not they desire, to be
represented by American Federation of Radio Artists, A. F. of L., for
the purposes of collective bargaining.
' Including Amos Kirby, Dlarshall Dane, Creighton Stew art, William Campbell, anQ
Bill Moi rell
4 Helen Buck
S Norris West.