Wyoming Radio, Inc.

National Labor Relations Board - Board Decisions

Dec 16, 1963

145 N.L.R.B. 466 (N.L.R.B. 1963)

466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the foregoing findings of fact and upon the entire record in
the case, I make the following:
CONCLUSIONS OF LAW
1. The operations of the Respondent occur in commerce within the meaning
of Section 2(6) and (7) of the Act.
2. By dealing with Respondent concerning their wages , hours, and conditions
of work, Rafael Vega, Ramon M. Cueva, Luis A. Nazario, Angel Cruz, and Angel
Gonzalez constituted themselves a labor organization within the meaning of Sec-
tion 2(5) of the Act.
3. By discriminating in regard to the tenure of employment of Rafael Vega,
Ramon M. Cuevas, Luis A. Nazario, Angel Cruz, and Angel Gonzalez, thereby dis-
couraging membership in a labor organization of its employees , Respondent has en-
gaged in and is engaging in an unfair labor practice within the meaning of Section
8(a)(3) of the Act.
4. By the aforesaid act Respondent interfered with, restrained , and coerced its
employees in the exercise of rights guaranteed by Section 7 of the Act, and en-
gaged in and is engaging in unfair labor practices within the meaning of Section
8 (a) (1) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices within the
meaning of Section 2(6) and (7) of the Act.
[Recommended Order omitted from publication.]
Wyoming Radio, Inc. and National Association of Broadcast
Technicians and Engineers . Case No. AO-62. December 16,1963
ADVISORY OPINION
This is a petition filed by Wyoming Radio, Inc., herein called the
Employer, for an Advisory Opinion in conformity with Section 102.98
and 102.99 of the Board's Rules and Regulations, Series 8, as amended.
In pertinent part, the petition alleges as follows :
1. On August 2, 1963, the National Association of Broadcast Tech-
nicians and Engineers, herein called the Union, filed with the Pennsyl-
vania State Labor Relations Board unfair labor practice charges
against the Employer, alleging violations of the Pennsylvania Labor
Relations Act. That proceeding, by stipulation of the parties, has
been adjourned pending the issuance of the Advisory Opinion herein.
2. The Employer operates a commercial radio broadcasting station
at 38 East Main Street, Nanticoke, Pennsylvania.
3. Except for the allegation that the Employer offers its services,
directly and indirectly, to individuals who transact business inside
and outside the Commonwealth of Pennsylvania, the petition does not
set forth any other commerce data of the Employer. However, in an
earlier Advisory Opinion proceeding, the Board had considered the
Employer's operations, which, for the fiscal years 1959 and 1960, had
an annual gross volume of business of less than $100,000 per annum.1
1 "The Employer 's gross volume of business was $75 , 517 07 for the fiscal year ending
August 29, 1959, and was $85,387 94 for the fiscal year ending August 27, 1960 If the
Board were to project for a year the figure of $26 698 25 for the 15-week period between
August 27 to December 10, 1960, the gross volume of business would be $92,553 93 "
Wyoming Radio, Inc, 130 NLRB 390, 391
145 NLRB No. 54.
CITIES SERVICE OIL CO. LAKE CHARLES, LA., OPERATIONS 467
4. Although served with a copy of the petition for Advisory
Opinion, the Union filed no response as provided by the Board's
Rules and Regulations.
On the basis of the above, the Board is of the opinion that :
1. The Employer is engaged in the operation of a commercial radio
broadcasting station at Nanticoke, Pennsylvania.
2. The Board's standard for exercising jurisdiction over enterprises
engaged in the operation of radio stations is a minimum gross volume
of business of $100,000 per annum.2
3. The petition herein does not allege the Employer's gross volume
of business but for purposes of this Advisory Opinion, we shall
assume that it remained less than $100,000 as it was alleged to have
been during fiscal years 1959 and 1960. Absent evidence contrary
to this assumption, the Employer's operations do not meet the mini-
mum gross volume of business test of the Board's jurisdictional stand-
ard for radio stations.
Accordingly, the parties are advised under Section 102.103 of the
Board's Rules and Regulations, Series 8, as amended, that the Board
would not assert jurisdiction over the Employer because the allega-
tions submitted herein do not establish that its operations meet the
Board's standard for asserting jurisdiction over radio stations.
2 Raritan Valley Broadcasting Company, Inc ., 122 NLRB 90.
Cities Service Oil Company Lake Charles, La., Operations, Peti -
tioner and Oil, Chemical and Atomic Workers International
Union, AFL-CIO , and its Local 4-500 and Lake Charles Metal
Trades Council , AFL-CIO and United Plant Guard Workers
of America , Ind., and its Local 700 and International Associa-
tion of Machinists, Lodge 1317, AFL-CIO. Cases 1Vos. 15-RM-
172, 15-RC-2721, and 15-RC-2758. December 16, 1963
DECISION, ORDER, AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed, hearings were held before Hear-
ing Officer John T. Lacey of the National Labor Relations Board.
The cases are hereby consolidated for purposes of decision.' The
Hearing Officer's rulings made at the hearings are free from preju-
dical error and are hereby affirmed.
1 A hearing was held in April and May 1963, in Cases Nos. 15-RM-172 and 15-RC-2721,
involving the question of appropriate units at the Employer's three-plant Lake Charles
industrial complex . A later hearing was held on July 31, 1963 , in Case No . 15--RC-2758,
involving the question of an appropriate unit at a fourth plant in the complex which
commenced operations after the completion of the earlier hearing. The parties stipulated
to the incorporation of the entire record of the first hearing into the record of the second
hearing. We grant the Employer ' s motion to consolidate the cases for purposes of deci-
sion , in view of their related facts and issues.
145 NLRB No. 47.