American Broadcasting Co., Inc.

National Labor Relations Board - Board Decisions

Aug 14, 1952

100 N.L.R.B. 620 (N.L.R.B. 1952)

620 DECISIONS OF NATIONAL LABOR RELATIONS _:BOARD
If a majority of the employees in group 2 select the Pipefitters, the
Board finds such unit to be appropriate, and the Regional Director
shall certify accordingly. If a majority vote for the Intervenor, the
Board finds the existing production and maintenance unit to be ap-
propriate and the Regional Director shall issue a certificate of results
of election to that effect.
[Text of Direction of Elections omitted from publication in this
volume.]
AMERICAN BROADCASTING COMPANY, INC. and NATIONAL ASSOCIATION
OF BROADCAST ENGINEERS AND TECHNICIANS, CIO, PETITIONER
NATIONAL BROADCASTING COMPANY, INC. and NATIONAL ASSOCIATION
OF BROADCAST ENGINEERS AND TECHNICIANS, CIO, PETITIONER.
Cases Nos. 13 RC--2670 and 13-RC-2671. August 14,195
Decision and Order
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, hearings were held before Virginia M.
McElroy, hearing officer. The hearing officer's rulings made at the
hearings are free from prejudical error and are hereby affirmed.
These case were consolidated by the Board for purposes of decision,
since they involve an identical issue.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with these cases to a three-
member panel [Members Houston, Styles, and Peterson].
Upon the entire records in these cases the Board finds :
1. The Employers are engaged in commerce within the meaning of
the Act.
2. The Petitioner and Intervenor involved claim to represent the
radio directors and associate radio directors of the Employers.
3. No question affecting commerce exists concerning the representa-
tion of the radio directors and associate radio directors of the respec-
tive Employers within the meaning of Section 9 (c) (1) and Section
2 (6) and (7) of the Act, for the following reasons :
The Petitioner seeks in each case a unit of all radio directors and
associate radio directors I. employed by the Employers at their respec-
tive operations in Chicago, excluding all other employees. The Inter-
venor, Radio and Television Directors Guild, AFL, in each case
i In Case No. 13-RC-2070 the Employer does not presently employ associate directors.
It is clear from the record in both cases, however, that the duties of directors and associate
directors are similar ; consequently, we shall treat them together. _
100 NLRB No. 103.
AMERICAN BROADCASTING COMPANY, INC. 621
contends that the directors are supervisors, so that the Board is with-
out jurisdiction to determine the questions of representation. - The
Employers are neutral with respect to the propriety of the units.
Radio directors have full responsibility for the finished form of
the radio programs assigned to them. They- direct and coordinate
completely the performance of all persons contributing to and partic-
ipating in the assigned broadcasts. Every program requires a direc-
tor who is in charge of it from its creation before the broadcast to
the conclusion of the broadcast itself. The director holds auditions,
hires talent,2 conducts rehearsals, revises scripts, instructs actors in
their lines, and gives orders to engineers, sound effects men, musicians,
and other personnel engaged in a particular broadcast. Every direc-
tors possesses ample authority to achieve in each instance the best
broadcasting result.
The Petitioner contends that the only argument for finding that
the directors are supervisors within the meaning of the Act is that
they responsibly direct employees, and that the directors fail to meet
this statutory standard because the orders they give to' such employees
as the engineers and musicians merely describe a desired effect, but do
not prescribe the manner of achieving the effect. It is the director's
concept of a desired effect, however, that governs the response of the
engineers and musicians. While the limitation in such direction, ad-
verted to by the Petitioner, inheres in a radio director's work, it does
not, in this field, detract from responsible direction. These Employers
have but one product, and it is the directors alone who have the re-
sponsibility of initially preparing and ultimately presenting the prod-
uct-an integrated, coordinated radio program. In this way, the
directors, exercising independent judgment, fulfill a fundamental
function of management. -
Upon the entire record of the cases, and in accordance with recent
similar cases,3 we find that the directors and associate directors are
supervisors within the meaning of the Act and that, consequently, we
are without jurisdiction to determine the questions of representation.
We shall therefore dismiss the petitions.
Order
IT IS HEREBY ORDERED that the petitions filed herein be, and they
hereby are, dismissed.
The director 's authority to hire either with or without approval is limited , generally,
to artiste engaged for a single broadcast ("one shot performers") and for broadcasts
presented several times a week or once a week for a specified period of time ("contract
performers") .
8 Colgate-Palmolive-Peet Co., 96 NLRB 311: American Broadcasting Company (KOO-TV),
94 NLRB 100 ; American Broadcasting Company, Inc. (KF.CA-TV ), 93 NLRB 1410.