Stark Broadcasting Corp.

In the Matter of STARK BROADCASTING CORPORATION, EMPLOYER and NATIONAL ASSOCIATION OF BROADCASTING ENGINEERS AND TECH- NICIANS, CLEVELAND CHAPTER , PETITIONER Case No. 8-RC-445.-Decided June 30, 1949 DECISION AND DIRECTION OF ELECTION Upon.a petition duly filed, a hearing was held before Philip Fusco, hearing, officer of the National Labor Relations Board. The hearing officer's rulings made at the hearings are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Murdock]. Upon the entire record in this case, the Board finds : 1. The employer owns and operates during daylight hours radio broadcasting stations in Canton, Ohio, on AM and FM wave lengths, known as Stations WCMW and WCMW-FM, respectively, under license from the Federal Communications Connnission. The AM station operates on a power output of 1,000 watts with an assigned wave length of 1,060 kilocycles. The FM station operates on a power output of 1,760 watts with an assigned wave length of 94.9 megacycles. These stations are independent and are unaffiliated with any national network. They serve an area embracing approximately 512,000 listen- ers. The effective range of the stations for commercial purposes is entirely within the State of Ohio ; however, they can be heard in the western counties of Pennsylvania and in 2 northern counties of West Virginia. The Employer's gross annual income from its broadcasting activi- ties is approximately $100,000 a year. The Employer has obtained several national advertisers through a New York advertising agency. The income from this source of business is approximately $5,000 or about 5 percent of the gross income. Transcribed programs and com- mercials involving these national accounts are sent from New York 84 N. L. R. B., No. 107. -962 STARK BROADCASTING CORPORATION 963 City; these same accounts also use "live" announcers and "live" talent on programs originating in -Canton. The stations broadcast public relation programs sponsored by several large industrial firms located in Canton, including Timken Roller Bearing Company, Hercules Motors Corporation, Republic Steel, Corporation, and Tyson Bearing Company. The income derived from these concerns represents ap- proximately 50 percent of the Employer's gross income. The remain- ing substantial source of income is derived from local business con- cerns who purchase commercial time for advertising purposes. These firms advertise goods and appliances of national reputation such as automobiles, paints, flour, pianos, refrigerators, radios, etc. Approximately 82 percent of the broadcasts are transcribed. While the Employer maintains its own transcription, library, it obtains a substantial part of its transcriptions from two national transcription services. Employer belongs to a regional Ohio network; called the Standard Network. This network comprises 23 Ohio stations whose principal function is to broadcast all baseball games played by the Cleveland Indians, in Cleveland or in any one of seven cities outside the State of Ohio.: These programs are telephoned from the situs of the game to the parent station of the network, WJW in Cleveland. The pro- gram is then broadcast by WJW, whose signal is picked up by certain stations in the network and then relayed to other network stations: Each station on the network has an individual sponsor. The Employer subscribes to the wire services of the International News Service, which agency gathers news on a world-wide basis. The Ohio Bell Telephone furnishes telephone service and wire service for remote control broadcasts. We find, contrary to the contention of the Employer, that it is en- gaged in commerce within the meaning of the National Labor Rela- tions Act? 2. The labor organization named below claims to represent the employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: 1 Matter of Sunshine Broadcasting Company, 83 N. L. R. B. 1244 ; Matter of Booth Radio Stations, Inc., 79 N. L. R. B . 964; Matter of General Broadcasting Co., 81 N. L. R. B 422. 964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All transmitter licensed operating engineers of the Canton, Ohio, stations of the Employer (WCMW and WCMW-FM), excluding the chief engineer and all other supervisors as defined in the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the em- ployees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented for purposes of collective bargaining, by National Association of Broadcasting Engineers and Technicians, Cleveland Chapter.