Scripps-Howard Radio, Inc.

National Labor Relations Board - Board Decisions

Mar 30, 1951

93 N.L.R.B. 1095 (N.L.R.B. 1951)

SCRIPPS-HOWARD RADIO , INC. 1095
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
SCRIPPS-HOWARD RADIO, INC. STATION WCPO , WOPO-M,.
WCPO-TV and THE INTERNATIONAL ASSOCIATION OF BROADCAST'
ENGINEERS AND TECHNICIANS, PETITIONER . Case No. 9-RC-10.3l..
March 30, 1951
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 Allan A. Bruckner, 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 [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, 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 em-
ployees of the Employer.
3. The Petitioner seeks a unit of all engineers and technicians em-
ployed at Station WCPO, WCPO-FM, and WCPO-TV in Cincin-
nati, Ohio.
The Intervenor, Local Union No. 1224, International Brotherhood'
of Electrical Workers, AFL, contends that a collective bargaining
contract between the Intervenor and the Employer is a bar to the
instant petition, insofar as the unit sought includes engineers and.
technicians employed at Station WCPO.
The Employer and the Petitioner contend that the alleged contract.
is not a bar. On November 30, 1948, the Employer and Intervenor ex-
ecuted a contract effective from August 1, 1948, to October 31, 1949,.
providing for automatic renewal absent written notice 60 days prior to
the termination date. This contract covered only the engineers and
technicians employed by Station WCPO.
Timely notice in writing was given on August 31, 1949, under the
contract by the Intervenor for proposed contract modifications. Nego-
tiations over changes in the contract reached an impasse on December
2, 1949, the Employer rejecting the Intervenor's request for inclusion
in the contract of employees at WCPO-FM and WCPO-TV pending
Board certification. Further meetings were held in abeyance, pending
93 NLRB No. 184.
1096 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
proceedings before this Board. While agreement was reached on cer-
tain contract modifications, they were not reduced to writing. The
Intervenor contends that the parties, after reaching this impasse, orally
agreed to continue the 1948 contract, as written for another year, and
that this contract was automatically renewed for an additional 1-year
period, on August 31, 1950, the date of automatic renewal thus barring
the instant petition, which was filed on October 24, 1950.
In view of the foregoing, we find that the 1948 contract was not au-
tomatically renewed on August 31, 1950. In any event, even if, as the
Intervenor contends, there was an oral agreement to continue the 1948
contract in effect, such agreement could not operate as a bar.'
We find, therefore, that a question affecting commerce exists within
he meaning of Section 9 (c) (1) of the Act concerning the representa-
tion of all the employees sought by the Petitioner.
4. The appropriate unit:
Both the Petitioner and Employer contend that only a unit compris-
ing all engineers and technicians employed at Station WCPO-AM 2
WCPO-FM and WCPO-TV is appropriate in view of the integrated
operations of all three stations. The Intervenor contends that separate
units for each station are alone appropriate.
.Since 1946, the Employer and the Intervenor have executed a series
of contracts covering all engineers and technicians employed at Sta•
tion WCPO. While these contracts included FM and TV, as well as
AM engineers and technicians no persons were actually employed in
the FM categories until June 1948, or in the TV categories until July
26, 1949. The last contract between the Employer and the Intervenor,
effective August 1, 1948, expressly covered only the engineers and tech-
nicians at WCPO-AM.3
The record discloses that all the broadcasting studios and trans-
mitters of the three stations are located in the same one-floor building,
except for the AM transmitter, which is located several blocks away,
,but is in the process of being moved into this building. Although each
,station has a separate control room, they share the same broadcasting
studios.
A general manager is in charge of all three stations, and under his
direct supervision there are a TV and an AM station director. The
AM station director is responsible for the FM broadcasting opera-
tions, and most AM and FM programs are broadcast simultaneously.
The station directors are responsible for all the technical and program
work within their jurisdiction. Under the supervision of both station
directors is the chief engineer and assistant chief engineer, who are re-
Grunwald Plating Company , Inc., 89 NLRB 239.
z WCPO and WCPO-ADZ are one and the same . The terms "engineers" and "technicians"
as here used are interchangeable.
3 As already stated, this contract was terminated by notice given by the Intervenor
on August 31, 1949.
SCRIPPS-HOWARD RADIO, INC. 1097
sponsible for hiring, firing, and directing the work of all the engineers.
and technicians employed by the three stations. Under the assistant
chief engineer are the supervisors of the "Transmitter WCPO-TV-
FM," "WCPO remote TV operation," and "Operations WCPO-AM."
The engineers and technicians employed by all three stations, whose'
work is directed by the above supervisors, are paid the same hourly
rate, enjoy the same working conditions, and there is considerable in--
terchange between them. The work of the AM and FM engineers and
technicians is interchangeable. AM engineers are usually assigned to.
TV work, inasmuch as the TV broadcasting is more difficult and re-
quires more personnel. These technicians and engineers are all licensed
by the Federal Communications Commission and they are authorized-
by this license to perform duties connected with any phase of broad-
casting. However, special training is needed for television broad--
casting, and the Employer is presently instructing its AM engineers-
so that they will be more expert in performing TV operations.
The Petitioner and Intervenor stipulated that it was their national
policy and practice to include television and FM radio engineers in
the same unit with AM radio engineers, and that the Petitioner in 52'
contracts had only 2 which covered television employees only. In a
recent case 9-RC-1062, involving the same Employer, a consent elec-
tion was held in an over-all unit consisting of all staff announcers,,
singers, actors, and newscasters employed by WCPO, WCPO-FM, and
WCPO-TV. The Petitioner and Employer urge the foregoing factors,
in support of their contention that only an over-all unit of AM, FM,
and TV engineers is appropriate.
While bargaining history for the employees involved has hereto-
fore been in practice limited to the AM employees, during most of
the period involved the contracts between the Intervenor and the
Employer purported to cover FM and TV employees, even though-
none was actually employed. Moreover, bargaining in the industry
generally, as already stated, has been on the basis of the more inclu-
sive unit sought by the Petitioner. Under these circumstances, and'
in view of the interchangeability and integration of the work of the
FM, AM, and TV engineers and technicians, we find that a unit con-
sisting of all such employees of the Employer is appropriate for col-
lective bargaining.4
There remains for consideration the question whether the three
employees discussed below should be included in the unit, as urged-
by the Petitioner and Intervenor, or excluded as supervisors, as urged
by the Employer.
John Hall, the "Operations Supervisor WCPO-AM," is in charge
of the six employees assigned to the AM transmitter and AM remote-
A The Fort Industry Company, 88 NLRB 527, and cases there cited.
1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
transmitter, and is responsible only to the chief engineer. He regu-
lates the rotating shifts of these employees, seeing to it that all work
shifts are adequately staffed. In addition, he is responsible for the
AM recordings, and does all the maintenance and construction' work
required on the AM equipment. He spends at least 50 percent of his
time working on this equipment. His salary is computed on a weekly
basis, as opposed to the hourly rate of his crew, and his earnings are
.30 percent higher than theirs. Hall has the power to remove an en-
gineer from his particular work shift, if he should in his opinion be
unable to work, and Hall is consulted with respect to the efficiency
of his crew. Although he does not have the power to hire or fire,
the record shows that he did recommend one man for hiring, who
has since been permanently retained. In addition, the record dis-
closes that he has the power to grant time off to an employee, without
first obtaining the chief engineer's permission.
Max Neal, "Transmitter Supervisor WCPO TV-FM," who has five
employees in his assigned crew, is solely responsible for the mainte-
nance and operation of the TV and FM transmitter equipment. He is
a salaried employee, receives no overtime compensation, is responsible
,only to the chief engineer, and earns 30 percent more than the hourly
paid employees under him. Neal is responsible for the assignment
of engineers to their rotating hourly shifts and in seeing that all shifts
are adequately staffed. He works a regular shift only in emergencies.
He testified that he has never hired or fired anyone, but is consulted
in regard to the efficiency of engineers assigned to his division, and
has the power to administer discipline, if the occasion should arise.
The record shows that he spends one-third of his time working on
equipment and the remaining time in doing special paper work. Like
Hall he has the authority to grant time off to the engineers.
Francis M. Bowen, who has a crew of four engineers, is the "Super-
visor of WCPO Remote TV Operations," and reports only to the chief
engineer. He is responsible for the operation of a mobile television
unit, which is sent out to televise a live event, such as a baseball game,
.and for delivering the show back to the station. He is paid a salary,
receives no overtime compensation, and he earns 80 percent more than
the engineers in his crew. During the summer months when baseball
games are being televised, he operates a camera along with his crew.
However, during the winter months he spends the greater part of his
working day in the assigning of work shifts, adjusting the electrical
equipment and camera, and in directing and instructing his crew. He
is solely responsible for the maintenance of all remote TV equipment
and like Neal and Hall is consulted as to his crew's efficiency. In
addition job applicants have been sent to him for screening and have
been hired by the chief engineer only after they have received his
approval. Like Neal and Hall, he has the authority to grant time off.
PLUMBING AND HEATING CONTRACTORS ASSN. OF OLEAN, N. Y.1099
On the basis of the foregoing, we find that John Hall, Max Neal,
and Francis M. Bowen, are supervisors within the meaning of the
Act, and they will be excluded from the unit.
We find that all engineers and technicians employed at Station
WCPO, WCPO-FM, WCPO-TV, excluding all clerical and office
employees, executive and administrative employees, and supervisors
as defined in the Act, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
[Text of Direction of Election omitted from publication in this
volume.]
PLUMBING AND HEATING CONTRACTORS ASSOCIATION OF OLEAN, NEW
YORK and LOCAL UNION 500 OF THE UNITED ASSOCIATION OF JOUR-
NEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING
INDUSTRY OF THE U. S. AND CANADA, A. F. OF L., PETITIONER.
Case No. 3-UA-6f6. March. •30, 1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (e) of the National
Labor Relations Act, a hearing was held before Ralph Winkler, hear-
ing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.'
On February 13, 1951, the Board heard oral argument at Wash-
ington, D. C., in which the Petitioner, the Employer, and the Inter-
venors 2 participated.
Upon the entire record in this case, the Board finds :
1. The business of the Employer :
The Employer is an unincorporated association organized for the
purpose, among others, of engaging in collective bargaining on behalf
of its members,3 all of whom are engaged in business as plumbing and
heating contractors in Olean, New York. During a recent repre-
3 The Intervenors moved at the hearing to dismiss the petition herein on various
grounds. The hearing officer referred this motion to the Board. For the reasons set
forth hereinafter, the motion is hereby denied.
2 The following labor organizations were permitted to intervene at the hearing : Interna-
tional Association of Bridge, Structural and Ornamental Iron Workers ; International
Hod Carriers', Building and Common Laborers' Union of America ; Bricklayers, Masons
and Plasterers' International Union of America ; United Brotherhood of Carpenters and
Joiners of America ; Sheet Metal Workers' International Association ; International Union
of Operating Engineers ; International Brotherhood of Boilermakers, Iron Ship Builders
and Helpers of America ; and International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and,Helpers.
8The following individual employers are members of the Employer Association: Lyons
Crowley Service ; Robert G. Finlay & Co. , Shortell Bros. ; Olean Plumbing & Heating Co.;
and W. H. Simpson, Inc.
93 NLRB No. 176.