Ashbacker Radio Corp.

National Labor Relations Board - Board Decisions

Mar 1, 1945

60 N.L.R.B. 1003 (N.L.R.B. 1945)

In the Matter of ASHBACKER RADIO CORPORATION and RADIO BROADCAST
TECHNICIANS' LOCAL UNION # 1295 OF THE INTERNATIONAL BROTHER-
IIOOD OF ELECTRICAL WORKERS (AFL)
Case No. 7-H-1904.-Decided March 1, 1945
Mr. C. N. Sessions, of Muskegon, Mich., for the Company.
Mr. Freeman L. Hurd, of Washington, D. C., and Mr. Calvin J.
Miller, of Grand Rapids, Mich.,-for the Union.
Mr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Radio Broadcast Technicians' Local
Union #1295 of the International Brotherhood of Electrical Workers
(AFL), herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Ashbacker Radio Corporation, Muskegon, Michigan, herein called the
Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Cecil Pearl, Trial Ex-
aminer. -Said hearing was held at Muskegon, Michigan, on January
31, 1945. The Company and the Union appeared and participated.
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's Rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
. I. THE BUSINESS OF THE COMPANY
Ashbacker Radio Corporation, a Michigan corporation, is engaged,
as authorized by the Federal Communications Commission, in the
operation of a radio station at Muskegon, Michigan, under the call
60 N. L. R. B., No. 171.
1003
1004 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
letters WKBZ. It is a 250-watt station and its programs have a broad-
cast range outside the State of Michigan. It is affiliated with the
Mutual Broadcasting System and the Blue Network, national broad-
casting organizations which represent two-thirds of the Company's-
broadcasting time. Approximately 5, percent of its revenue comes
from national advertisers.
We find, contrary to its contention, that the Company is engaged
in commerce within the meaning of the National Labor Relations.
Act?
II. THE ORGANIZATION INVOLVED
Radio Broadcast Technicians' Local Union #1295 of the Interna-
tional Brotherhood of Electrical WTorkers, affiliated with the American
Federation of Labor, is a labor organization admitting to membership,
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the-
exclusive bargaining representative of its technicians until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section, 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of all technicians employed full
time at the Company's transmitter, including the chief engineer, but
excluding the control room employees. The. Company contends that
an appropriate unit should include all employees of the transmitter
and the control room, but excluding the chief engineer.
In the conduct of its business, the Company maintains a studio
within the city of Muskegon and a broadcasting transmitter outside the
city. The control room is in the studio where there are six employees,
four of whom are announcers and two announcer-technicians. Duties
of the latter two are confined primarily to the control room, although
they are occasionally transferred to the transmitter: The transmitter
1 See Consolidated Edison Co v N. L. R. B., 305 U. S. 197, N. L. it. B. v. Central
Missouri Telephone Co, 115 F (2d) 563 (C. C A 8) ; Matter of Newark Telephone Com-
pany , 59 N L R B 1408
2 The Field-, Examiner reported that the Union submitted five authorization cards, two
of which bore signatures of persons listed on the Company's pay roll of December 12,
1944, which contained the names of four employees in the appropriate unit and that the
cards were dated October 1944.
ASHBACKER RADIO CORPORATION 1005
technicians possess full licenses from the Federal Communications
'Commission and are qualified to operate and repair all of the trans-
mitter equipment whereas the announcer-technicians possess a re-
stricted Federal license, can make no repairs, and are otherwise limited
in` performance of duties connected with the transmitter. We shall
therefore exclude the announcer-technicians and all other control room
,employees.'
The Union would include the chief engineer and the Company urges
his exclusion on the ground of his alleged supervisory position. The
record indicates that he is in charge of the transmitter and all technical
equipment, assigns and supervises the work of all the technicians, and
'has authority effectively to recommend their hire and discharge. We
find that he falls within our customary definition of a'supervisory
employee and, accordingly, we shall exclude him.4
We find that all technicians regularly employed at the Company's
transmitter but excluding employees of the studio, the chief engineer,
and all or any other supervisory 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 mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ashbacker Radio
Corporation, Muskegon, Michigan, 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 Seventh Region, acting in this matter
' See Matter of Colorado Radio Corporation, 55 N L R B 423; Matter of Inter-City
Advertising Co, Inc, Operators of WAYS, Charlotte, N C, 55 N L R B 1415.
4 See Matter of Columbus Broadcasting Company, Inc., 56 N L. R. B 211.
1006 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the em-
ployees 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 the
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but exclud-
ing any 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 the Radio Broadcast
Technicians' Local Union #1295 of the International Brotherhood' of
Electrical Workers (AFL), for the purposes of collective bargaining.