Paramount Broadcasting Corporation

National Labor Relations Board - Board Decisions

Jun 3, 1939

13 N.L.R.B. 59 (N.L.R.B. 1939)

In the Matter of PARAMOUNT BROADCASTING CORPORATION and
AMERICAN COMMUNICATIONS AssocrATioN '
Case No. C-1013.-Decided June 3, 1939
Radio Broadcasting Industry-Settlement : stipulation providing for compli-
ance with th>e Act, back pay in specified amount to one person-Order:
entered on stipulation.
Mr. Albert Ornstein and Mr. Alvin J. Rockwell, for the Board.
Rubinton & Coleman, by Mr. Lester M. Rosenbloom, Mr. Morti-
mer H. Coleman, and Mr. Louis Malin, all of Brooklyn, N. Y., for
the respondent.
Boudin, Cohn d Glickstein, by Mr. Victor Rabinowitz, of New
York City, for the Association.
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
Radio Telegraphists Association, now known as American Com-
munications Association , herein called the Association , the National
Labor Relations Board, herein called the Board , by the Regional
Director for the Second Region (New York City), issued its com-
plaint dated July 29, 1938, and on September 2, 1938, issued its
amended complaint , against Paramount Broadcasting Corporation,
Brooklyn , New York, herein called the respondent , alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices afFecting commerce within the meaning of Section 8 (1) and
(3) and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat . 449, herein called the Act. A copy of the complaint
and of the amended complaint and notices of hearing thereon were
duly served upon the respondent and the Association.
1 The American Communications Association was formerly known as the American Radio
Telegraphists Association . The change in name was effected on April 1 , 1938, subsequent
to the filing of the original charge in this proceeding. At the hearing permission was
granted to amend the charge and the complaint to correct the designation , without objec-
tion by counsel for the respondent.
13 N. L. R. B., No. 8
59
60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On August 31, 1938, the respondent filed its answer to the com-
plaint, and on September 7, 1938, its answer to the amended com-
plaint, 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 amended complaint
alleged, in substance, that the respondent terminated the employ-
ment of and refused to reinstate one Charles E. Hurlburt, an em-
ployee, because he joined and assisted the Association and engaged in
other activities for the purposes of collective bargaining and other
mutual aid and protection; that respondent kept under surveillance
the meetings and meeting places of the Association; and that the
respondent, by the afore-mentioned activities, and by urging, per-
suading, and warning its employees to refrain from becoming or
remaining members of the Association and by threatening its em-
ployees with discharge and other reprisals for joining or remaining
members of the Association, and by other acts, interfered with, re-
strained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
Pursuant to notice, a hearing was held on September 8 and 9, 1938,
at Brooklyn, New York, before Charles W. Whittemore, the Trial
Examiner duly designated by the Board. The respondent, the Asso-
ciation, and the Board, participated in the hearing and were repre-
sented by counsel. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing upon the
issues was afforded all parties.
On October 28, 1938, the Trial Examiner filed his Intermediate
Report in which he found that the respondent had committed unfair
labor practices affecting commerce within the meaning of Section
8 (1) and (3) and Section 2 (6) and (7) of the Act as alleged in the
complaint. The Trial Examiner recommended that the respondent
cease and desist from its unfair labor practices, offer reinstatement
with back Vnay to Charles E. Hurlburt, the employee found to have
been unlawfully discharged, and post notices of its intention to
comply with the Act.
On November 10, 1938, the respondent filed its exceptions to the
Intermediate Report and a request to present oral argument before
the Board upon the issues raised by its exceptions. On November 17,
1938, the Association filed its exceptions to the Intermediate Report.
On May 10, 1939, the respondent, the Association, and counsel for
the Board entered into a stipulation in settlement of the case. This
stipulation provides as follows :
Charges in the above-entitled matter having been duly made
by the American Radio Telegraphists' Association, now known
PARAMOUNT BROADCASTING CORPORATION 61
as American Communications Association, hereinafter referred to
as the "Association", a complaint having been issued by the Na-
tional Labor Relations Board, hereinafter referred to as the
"Board" (by Elinore M. Herrick, its Regional Director for the
Second Region), against Paramount Broadcasting Corporation,
the respondent herein, hereinafter referred to as "Paramount", a
hearing before a Trial Examiner having been duly held and an
Intermediate Report of the said Trial Examiner having there-
after been served on the parties, and it being the intention of the
parties hereto to dispose of the issues outstanding,
IT IS HEREBY STIPULATED AND AGREED by and between Paramount,
the Association and Alvin J. Rockwell, attorney of the Board,
solely for the purpose of disposing of this matter and for no
other purpose, as follows :
1. Paramount is now and has been since June 17, 1929 a cor-
poration organized and existing under the laws of the State of
New York.
2. The Association is a labor organization within the meaning
of Section 2 (5) of the National Labor Relations Act, herein-
after referred to as the "Act".
3. Paramount owns and operates Station WVFW, which is
licensed by the Federal Communications Commission and which
operates with 500 watts power on a frequency of 1400 kilocycles.
Paramount is engaged in the business of the sale of time for the
use of the broadcasting facilities of said Station WVFW, such
time being purchased for the purpose of advertisements, news,
other forms of intelligence and music. The principal coverage
of Station WVFW is the area covering New York City and
Brooklyn but its broadcasts are also heard in the States of Con-
necticut and New Jersey. Paramount operates on a schedule of
approximately thirty-six hours per week.
4. On the basis of the foregoing stipulated facts, the testimony
and other evidence introduced at the said hearing before the
Trial Examiner and the findings of fact made by the Trial Ex-
aminer in his Intermediate Report, Paramount is engaged in
commerce within the meaning of Section 2 (6) and (7) of the
Act and the Board has jurisdiction in this proceeding.
5. Upon the basis of the testimony and other evidence intro-
duced at the hearing, and the findings of fact made by the Trial
Examiner and his Intermediate Report, an Order in the follow-
ing form shall be entered by the Board, and, upon application
by the Board in its discretion, may be affirmed and enforced by
the United States Circuit Court of Appeals for the Second Cir-
cuit, Paramount and the Association hereby waiving the making
of findings of fact and conclusions of law by the Board and any
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
further notice of the issuance of the Order by the Board or the
application of the Board to the Court as aforesaid :
Paramount Broadcasting Corporation, its officers, agents, suc-
cessors, and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing
its employees in the exercise of the right to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities, for the purpose of collective bargaining or
other mutual aid or protection, as granted in Section 7 of the
National Labor Relations Act;
(b) Discouraging membership in the American Communica-
tions Association, or any other labor organization of its em-
ployees, by discriminating in regard to hire or tenure of employ-
ment or any term or condition of employment.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act:
(a) Make whole Charles E. Hurlburt for any loss of pay he
may have suffered by reason of his discharge by respondent on
February 17, 1938 by payment to him of a sum of money equal
to that which he would have earned as wages or salary during
the period from the date of his discharge to May 9, 1939, less
any amounts he may have earned during such period;
(b) Post immediately in a conspicuous place in the control
room of its broadcasting station, and maintain for a period of at
least thirty (30) consecutive days, a notice to its employees stat-
ing that the respondent will cease and desist in the manner
aforesaid;
(c) File with the Regional Director for the Second Region
within ten (10) days from the date of this Order a report in
writing setting forth in detail the manner in which it has com-
plied with the foregoing requirements.
This Stipulation is made subject to the approval of the Board
and shall be immediately effective upon the granting of such ap-
proval by the Boarci.
Also on May 10, 1939, the respondent, the Association, and counsel
for the Board entered into a supplemental stipulation in regard to
the amount and method of payment of the back pay due Charles E.
Hurlburt and previously agreed to. This stipulation provides as
follows :
The parties hereto having entered into a Stipulation providing
for the disposition of this proceeding, under which the National
Labor Relations Board, hereinafter referred to as the "Board",
PARAMOUNT BROADCASTING CORPORATION 63
shall enter an Order against Paramount Broadcasting Corpora-
tion, hereinafter referred to as "Paramount", requiring Para-
mount to "make whole Charles E. Hurlburt for any loss of pay
he may have suffered by reason of his discharge by respondent
on February 17, 1938, by payment to him of a sum of money
equal to that which he would have earned as wages or salary
during the period from the date of his discharge to May 9, 1939,
less any amounts he may have earned during such period",
IT IS HEREBY STIPULATED AND AGREED by and between Para-
mount, the American Radio Telegraphists' Association (Iiow
known as American Communications Association), hereinafter
referred to as the "Association", and Alvin J. Rockwell, attorney
of the Board, as follows :
1. The total amount payable to Charles E. Hurlburt under the
terms of the Order to be entered by the Board is Seven Hundred
Fifty Dollars ($750.00).
2. Two Hundred Fifty Dollars ($250.00) of the said Seven
Hundred Fifty Dollars ($750.00) shall be paid by Paramount
to the said Hurlburt upon receipt of notice by Paramount that
the Board has approved of the Stipulation entered into by the
parties providing for the said Order of the Board and has also
approved of the present Stipulation. A second instalment of
One Hundred Dollars ($100.00) shall be paid by Paramount to
said Hurlburt on June 9, 1939; a third instalment of One
Hundred Dollars ($100.00) shall be paid by Paramount to said
Hurlburt on July 10, 1939.
3. The balance of Three Hundred Dollars ($300.00) shall be
paid by Paramount to said Hurlburt in accordance with the
terms of an agreement entered into between Paramount, the
Association and said Hurlburt, a copy of which agreement has
been furnished to the Board. It is understood that for the pay-
ment of said balance of Three Hundred Dollars ($300.00) the
Association and said Hurlburt shall rely exclusively upon the
terms of this agreement and that the execution of this agreement,
insofar as the Board is concerned, is accepted by the Board as
satisfaction by Paramount of its obligation with respect to the
remaining balance of Three Hundred Dollars ($300.00).
4. This Stipulation is subject to the approval of the Board
and shall be immediately effective upon the granting of such
approval by the Board. It is understood by the parties that the
Board must either approve or reject both this Stipulation and
the Stipulation entered into by the same parties providing for
the issuance of an Order by the Board against Paramount, and
that the Board may not approve the latter Stipulation unless
at the same time it approves the present Stipulation.
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A memorandum of the agreement referred to between the respond-
ent, the Association, and Charles E. Hurlburt, provides as follows :
Memorandum of agreement between Paramount Broadcasting
Corporation, American Communications Association and Charles
E. Hurlburt :
Paramount hereby employs Charles E. Hurlburt as salesman
to sell $300.00 (Three Hundred Dollars) worth of time at card
rates, Paramount to pay Hurlburt a commission of 15 per cent
as monies are actually received. Approval as to time, advertiser
and form shall remain with Paramount and no contract shall be
binding until approved by Paramount.
Since' Paramount now is indebted to Hurlburt in the sum of
$300.00, it agrees to turn over to Hurlburt the amount of $300.00
as received by Paramount from customers secured by Hurlburt.
As noted above, both the stipulation and the supplemental stipula-
tion were made subject to the approval of the Board. The Board
having duly considered the matter, it is hereby ordered that both
stipulations be, and they hereby are, approved and made a part of
the record in this proceeding.
Upon the above stipulations and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT'
Paramount Broadcasting Corporation, a New York corporation,
owns and operates Radio Broadcasting Station WVFW, located in
Brooklyn, New York. The respondent is engaged in the business of
selling time for the use of the broadcasting facilities of Station
WVFW. The time so purchased is used to broadcast advertisements,
news, music, and other forms of intelligence. Station WVFW oper-
ates under a license granted by the Federal Communications Commis-
sion with 500 watts power on a frequency of 1400 kilocycles. The
principal coverage of said Station WVFW is the metropolitan area of
New York City, including Brooklyn, but its broadcasts are also heard
in New • Jersey and Connecticut. Station WVFW operates on a
schedule of approximately 36 hours per week. The respondent
admits that it is engaged in interstate commerce."
We find that the above-described operations constitute a continu-
ous flow of traffic, communication, and commerce among the several
States.
2 The findings in this section are based on stipulated facts.
s Board Exhibit No. 2.
PARAMOUNT BROADCASTING CORPORATION 65
ORDER
Upon the basis of the above findings of fact, stipulations, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board here-
by orders that Paramount Broadcasting Corporation, Brooklyn, New
York, its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of the right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities, for the purpose of collective bargaining or other mutual
aid or protection, as granted in Section 7 of the National Labor Rela-
tions Act;
(b) Discouraging membership in the American Communications
Association, or any other labor organization of its employees, by dis-
criminating in regard to hire or tenure of employment or any term or
condition of employment.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Make whole Charles E. Hurlburt for any loss of pay he may
have suffered by reason of his discharge by respondent on February
17, 1938, by payment to him of a sum equal to that which he would
have earned as wages or salary during the period from the date of
his discharge to May 9, 1939, less any amounts he may have earned
during said period;
(b) Post immediately in a conspicuous place in the control room
of its broadcasting station, and maintain for a period of at least thirty
(30) consecutive days, a notice to its employees stating that the re-
spondent will cease and desist in the manner aforesaid;
(c) File with the Regional Director for the Second Region within
ten (10) days from the date of this Order a report in writing setting
forth in detail the manner in which it has complied with the fore-
going requirements.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Decision and Order.