Isle of Dreams Broadcasting Corporation and Metropolis Publishing Company

National Labor Relations Board - Board Decisions

Jun 26, 1939

13 N.L.R.B. 388 (N.L.R.B. 1939)

In the Matter of ISLE OF DREAMS BROADCASTING CORPORATION and
METROPOLIS PUBLISHING COMPANY 1 and AMERICAN FEDERATION OF
RADIO ARTISTS, MIAMI, FLORIDA, LOCAL
Case No. 0-1291.-Decided June 26, 1939
Radio Broadcasting and Newspaper Publishing Industries-Settlement : stipu-
lation providing for compliance with the Act, including recognition of union,
reinstatement with back pay in specified amount as to one employee , and dis-
missal of complaint in so far as it alleges discrimination in violation of Section
8 (3) of the Act as to three employees-Order: entered on stipulation.
Mr, John H. Dorsey, for the Board.
Katzentine c Gamling, by Mr. A. Frank Katzentine, of Miami,
Fla., for the respondents.
Gramling & Gramling, by Mr. Carrington Gramling, of Miami,
Fla., for the Union.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the American
Federation of Radio Artists, Miami, Florida, Local, affiliated with
the American Federation of Labor, herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Fifteenth Region (New Orleans, Louisiana),
issued its complaint dated April 26, 1939, against Isle of Dreams
Broadcasting Corporation and Metropolis Publishing Company, both
of Miami, Florida, herein called the respondents, alleging that the
respondents had engaged in and were engaging in unfair labor prac-
tices affecting commerce within the meaning of Section 8 (1), (3),
and (5), and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. Copies of the amended com-
1 On May 3, 1939, the complaint was amended to substitute Miami Daily News, Inc.,
as a respondent for and in the place of Metropolis Publishing Company, which, as is
shown in the stipulations hereinafter set out, was consolidated into the Miami Daily
News, Inc. In the stipulation, the parties expressly agree to this substitution.
13 N. L. R. B., No. 45.
388
ISLE OF DREAMS BROADCASTING CORPORATION 389
plaint and notice of hearing thereon were duly served upon both the
respondents 2 and upon the Union. On May 4, 1939, the respondent,
Isle of Dreams Broadcasting Corporation, filed its answer to the
complaint in which it admitted the allegations concerning the nature
and scope of its business but denied the allegations of unfair labor
practices.
Concerning the unfair labor practices, the complaint, as amended,
alleged, in substance, that although a majority of the respondents'
employees in an appropriate unit designated the Union as their rep-
resentative for purposes of collective bargaining, the respondents re-
fused to bargain collectively with the Union ; that the respondents
discharged, or laid off for various periods, or gave limited or less
desirable work to, or otherwise changed the character of employment
of four named employees because they joined or applied for member-
ship in the Union and engaged in concerted activities with other em-
ployees of the respondents for purposes of collective bargaining and
other mutual aid or protection; and that the respondents, by the
aforesaid activities, and by threats of loss of employment and loss of
favor if the said employees maintained affiliation with the Union; by
unjust condemnation of union members for alleged inefficiency, by
threats of sale or dissolution of the business unless the Union were
abandoned, by exacting from new employees promises that they would
not join the Union or any other labor organization, by espionage of
activities of the Union, and by other acts, interfered with, restrained,
and coerced their employees in the exercise of the rights guaranteed
in Section 7 of the Act.
Pursuant to notice, a hearing was held on May 11, 12, 13, 1939, at
Miami, Florida, before J. J. Fitzpatrick, the Trial Examiner duly
designated by the Board. The respondents, the Union, and the
Board were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded all
parties.
On May 15, 1939, the respondents, the Union, and counsel for the
Board entered into a stipulation in settlement of the case. This
stipulation provides as follows :
STIPULATION OF SETTLEMENT
It is hereby stipulated by and between Isle of Dreams Broad-
casting Corporation, and Miami Daily News, Inc., and the
National Labor Relations Board that :
$ In the stipulation hereinafter set forth , service upon the Metropolis Publishing Com-
pany was acknowledged as sufficient service upon the Miami Daily News, Inc.
187930-39-vol. 13--26
390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I. Upon charges duly filed by American Federation of Radio
Artists, Miami, Florida, Local, affiliated with the American
Federation of Labor, the National Labor Relations Board by
the Regional Director of the Fifteenth Region, acting pursuant
to authority granted in Section 10 (b) of the National Labor
Relations Act (49 Stat. 449) and its Rules and Regulations,
Series 1, Article IV, Section 1, issued its complaint and Notice
of Hearing on the 26th day of April, 1939 against the Isle of
Dreams Broadcasting Corporation and Metropolis Publishing
Company, Respondents herein.
II. The Metropolis Publishing Company has been consolidated
into a corporation whose correct corporate name is Miami Daily
News, Inc. Service of the complaint and notice of hearing on
the Metropolis Publishing Company constituted service upon
the Miami Daily News, Inc., and it is hereby agreed that wher-
ever in the pleadings or record of this case the name Metropolis
Publishing Company appears the name Miami Daily News, Inc.,
shall be substituted.
III. The business of respondents is adequately and correctly
described in the pleadings and the transcript. Respondents admit
they are subject to the jurisdiction of the National Labor Rela-
tions Act.
IV. The American Federation of Radio Artists, Miami,
Florida, Local, affiliated with the American Federation of Labor
is a labor organization within the meaning of Section 2, sub-
section 5, of the National Labor Relations Act.
V. All the employees of the Isle of Dreams Broadcasting
Corporation, whose principal work as employees of said corpora-
tion is performing before the microphone of radio station WIOD
(which is operated by said corporation) exclusive of supervisory
employees, constitute an appropriate unit for the purpose of
collective bargaining within the meaning of Section 9 (b) of the
Act, in order to insure to the said employees the full benefit of
their rights to self-organization and to collective bargaining and
otherwise to effectuate the policies of the National Labor Rela-
tions Act.
VI. Since on or about October 23, 1938, a majority of the em-
ployees in the above-described bargaining unit had and have
designated the American Federation of Radio Artists, Miami,
Florida, Local, as their representative for the purposes of col-
lective bargaining with respondents.
VII. Since on or about October 23, 1938, American Federation
of Radio Artists, Miami, Florida, Local, has been and is the
representative for the purposes of collective bargaining of a
ISLE OF DREAMS BROADCASTING CORPORATION .391
majority of the employees in the unit described in paragraph 5,
above, and was and is, by virtue of Section 9 (b) of the Act,
the exclusive representative of all employees in the said bargain-
ing unit for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment and other terms
and conditions of employment.
VIII. Respondents admit that Earle Barr Hanson, who was
employed as musical director for Station WIOD for a period
of approximately ten (10) or eleven (11) years, was discharged
on or about December 28, 1938; that said Earle Barr Hanson
became a member of the American Federation of Radio Artists,
Miami, Florida, Local, on October 23, 1938; that said Earle Barr
Hanson was president of the American Federation of Radio
Artists, Miami, Florida, Local.
IX. Upon this Stipulation if approved by the National Labor
Relations Board, and the record in the case, an Order may
forthwith be entered by said Board, providing as follows :
ORDER
The Isle of Dreams Broadcasting Corporation and Miami
Daily News, Inc., respondents herein, and their officers, agents,
successors and assigns shall:
1. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer Earle Barr Hanson immediate and full reinstate-
ment to his former position, without prejudice to his seniority
and other rights and privileges;
(b) Pay immediately to Earle Barr Hanson the sum of Five
Hundred ($500.00) Dollars for any loss of pay he may have
suffered by reason of his discharge;
(c) Upon request, bargain collectively with the American
Federation of Radio Artists, Miami, Florida, Local, as the ex-
clusive representative of all the employees of respondent, Isle
of Dreams Broadcasing Corporation, exclusive of supervisory
employees, whose principal work as employees of said corpora-
tion is performing before the microphone of radio station WIOD,
in respect to rates of pay, wages, hours of employment and other
conditions of employment;
(d) Immediately post notices in conspicuous places through-
out the studio of radio station WIOD and maintain such notices
for a period of sixty (60) consecutive days stating:
(1) That respondents will bargain collectively with the Amer-
ican Federation of Radio Artists, Miami, Florida, Local, as
aforesaid; arid
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(2) That respondents will in no manner interfere with, re-
strain or coerce their employees in the exercise of their right to
self-organization, to form, join or assist labor organizations to
bargain collectively through representatives of their own choos-
ing and to engage in concerted activities for the purposes of
collective bargaining, or other mutual aid and protection, as
guaranteed in Section 7 of the National Labor Relations Act;
(e) Notify the Regional Director of the National Labor Re-
lations Board, Fifteenth Region, in writing within ten (10) days
from the date of this order of the steps the respondent has taken
to comply therewith;
(f) The complaint, in so far as it alleges that Aurora Gran,
Robert Leers and Maze Marshall, were discriminated against
in violation of Section 8 (3) of the Act, is dismissed.
X. It is further stipulated and agreed that any Circuit Court
of Appeals of the United States may, upon application by the
National Labor Relations Board, enter its decree enforcing the
order of the Board in the form set out above. Respondents
waive their rights to contest the entry of any such decree and
their right to receive notice of the filing of an application for
the entry of such decree in the form above set forth.
On May 29, 1939, the Board issued its order approving the above
stipulation, making it part of the record, and transferring the pro-
ceeding to the Board for the purpose of entry of a decision and
order by the Board.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
Isle of Dreams Broadcasting Corporation, a Florida corporation
having its principal office and place of business in Miami, Florida,
is engaged in the business of operating a radio broadcasting station
known by the call letters WIOD, under the regulations and author-
ity of the Federal Communications Commission. The respondent
broadcasting corporation is an affiliate of the National Broadcasting
Company, through whose facilities radio station WIOD regularly
transmits to its listeners commercial advertising and entertainment
programs in substantial numbers emanating from foreign countries
and States of the United States other than the State of Florida.
The respondent 'broadcasting corporation, at various intervals, re-
leases through radio station WIOD programs which are transmitted
throughout the United States over the network .of the National
Broadcasting Company.
ISLE OF DREAMS BROADCASTING CORPORATION 393
The officers of the respondent broadcasting corporation are : presi-
dent, D. J. Mahoney; vice president, James M. Cox, Jr.; secretary-
treasurer, R. A. Reeder. The officers of the respondent Publishing
Company are : president, James M. Cox; vice president, D. J.
Mahoney; secretary-treasurer, R. A. Reeder. Harold Leyshon is
general manager of radio station WIOD and is also managing editor
of the Miami Daily News. All of the stock of the Isle of Dreams
Broadcasting Corporation is owned by the Miami Daily News, Inc.
The Metropolis Publishing Company has been consolidated into a
Florida corporation whose correct corporate name is Miami Daily
News, Inc. The Miami Daily News, Inc. has its office and principal
place of business in Miami, Florida, and is engaged in the business
of publishing a daily and Sunday newspaper called the Miami Daily
News. The Miami Daily News receives regularly and daily from
outside the State of Florida, news stories and advertising matter in
substantial volume through the media of national and international
news and advertising services and agencies. The Miami Daily News
regularly transmits news stories and advertising matter through the
medium of its paper beyond the borders of the State of Florida.
The operations of the respondent broadcasting corporation
through radio station WIOD, and the operations of the respondent
publishing company through the Miami Daily News are at times
indistinguishable, in that the services of employees and facilities of
both respondents are used by each.
We find that the above-described operations constitute a continu-
ous flow of traffic, communication, and commerce among the several
States.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the, case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that Isle of Dreams Broadcasting Corporation and
Miami Daily News, Inc., Miami, Florida, and their officers, agents,
successors and assigns shall:
1. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer Earle Barr Hanson immediate and full reinstatement to
his former position, without prejudice to his seniority and other
rights and privileges;
(b) Pay immediately to Earle Barr Hanson the sum of Five
Hundred ($500.00) Dollars for any loss of pay he may have suffered
by reason of his discharge;
(c) Upon request, bargain collectively with the American Federa-
tion of Radio Artists, Miami, Florida, Local, as the exclusive repre-
394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sentative of all the employees of respondent, Isle of Dreams Broad-
casting Corporation, exclusive of supervisory employees, whose
principal work as employees of said corporation is performing before
the microphone of radio station WIOD, in respect to rates of pay,
wages, hours of employment and other conditions of employment;
(d) Immediately post notices in conspicuous places throughout the
studio of radio station WIOD and maintain such notices for a period
of sixty (60) consecutive days stating:
(1) That respondents will bargain collectively with the American
Federation of Radio Artists, Miami, Florida, Local, as aforesaid;
and
(2) That respondents will in no manner interfere with, restrain
or coerce their employees in the exercise of their right to self-organi-
zation, to form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing and to engage in
concerted activities for the purposes of collective bargaining, or other
mutual aid and protection, as guaranteed in Section 7 of the National
Labor Relations Act;
(e) Notify the Regional Director of the National Labor Relations
Board, Fifteenth Region, in writing within ten (10) days from the
date of this Order of the steps the respondent has taken to comply
therewith;
The complaint, in so far as it alleges that Aurora Gran, Robert
Leers, and Maze Marshall, were discriminated against in violation of
Section 8 (3) of the Act, is dismissed.