Veterans Broadcasting Co.

In the Matter Of VETERANS BROADCASTING COMPANY' (RADIO STATION KNUZ), EMPLOYER and LOCAL UNION 716, INTERNATIONAL BROTFIER- HOOD OF ELECTRICAL WORKERS, AFL, PETITIONER . Case No. 39-RC-121.-Decided November 22, 19,149 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Charles Y. Latimer, hearing officer. The hearing officer's rulings made at the hearing 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 [Chairman Herzog and Members Houston and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer owns and operates radio station KNUZ in Houston, Texas, under a license issued by the Federal Communica- tions Commission.2 This station, which is operated under a power output of 250 watts, serves an area extending approximately 50 miles in.all directions from Houston. It is not affiliated with any national network or hook-up. The Employer utilizes the leased wire service of the United Press for its 5 daily newscasts, 1 of which is com- mercially sponsored. Its time clock is serviced by Western Union and it uses the facilities of the Southwestern Bell Telephone Com- pany in transmitting programs from its studios to the transmitter and for pick-ups in remote control broadcasting. The Employer maintains two transcription libraries. It obtains the transcription recordings from outside the State of Texas at an annual cost of $3,240. It pays royalties to ASCAP and two similar organizations outside the State for the use of copyrighted material for broadcasting. During the calendar year 1948, the Employer's gross revenue was ' The name of the Employer appears as amended at the hearing. This station ii classified by the Federal Communications Commission as a Class IV station operating on a local channel. 87-NLRB No. 33. 199 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD $87,328, of which approximately 4.11 percent accrued from sales of advertising to advertising agencies outside the State of Texas. We find, contrary to the contention of the Employer, that it is engaged in commerce within the meaning of the National Labor Relations Act.3 2. The Petitioner is a labor organization, claiming to represent certain employees of the Employer. 3. A question affecting commerce exists concerning representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. We find, in agreement with the parties, that the following em- ployees of the Employer constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act : All transmitter engineers, studio engineers, and combination studio and transmitter engineers at the Employer's radio station KNUZ, but excluding all other employees and supervisors within the mewling of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret-ballot shall be conducted as early as possible, but not later than 30 clays from the date of this Direction, under the direction and super- vision 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, among the employees 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 rein- stated 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 bargain- ing, by Local Union 716, Interniational Brotherhood of Electrical. Workers, AFL. 8 See Joe V. Williams, Jr., d/b/a WDXB Broadcasting Station, 85 NLRB 752; Booth Radio Stations (WJLB ), 79 NLRB 964 ; Western Gateway Broadcasting Corporation, 77 NLRB 49.