WBSR, Inc.

In the Matter of WBSR, INC.,' EMPLOYER and ELECTRICAL WORKERS LOCAL UNION No. 676, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER Case No. 15-RC-387.-Decided October 3, 1950 . DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Victor H. Hess, hearing officer. The hearing officer's rulings made at the bear- ing are free from prejudicial error and are hereby affirmed 2 Upon the entire record in this case, the Board finds : 1. The Employer operates a radio station in Pensacola, Florida.3 It is affiliated with the American Broadcasting Company's national network. Of the 17 hours of broadcasting per day, the Employer devotes 8 hours to the commercial and sustaining programs of that network. It subscribes to the wire services of the Associated Press news service, pays copyright royalties to ASCAP, Broadcast Music, Inc., and the Association of Song Writers, all of New York City, and secures its music from Lang-Worth Feature Programs, Inc., also of New York City. Approximately 10 to 15 percent of its revenue comes from out-of-State advertisers, including national and regional advertisers. i The name of the Employer appears as amended at the hearing. 2 At the hearing the Employer filed an "Answer and Motion," and moved to dismiss this proceeding on the grounds that ( 1) it was not properly served with notice of hearing and (2) one of the two employees for whom the Petitioner seeks to establish a unit has resigned . The notice of hearing was originally served upon Escambia Broadcasting Com- pany, the former operator of station WBSR. On August 1, 1950, the date set for the hearing, it was first learned that Escambia had leased the operation of this station to a new corporation, wBSR, Inc. The hearing was then postponed for the purpose of serving notice of hearing upon WBSR, Inc., and the date was set for August 9, 1950. Such notice was served, and representatives of Escambia and wBSR, Inc ., appeared at the hearing. The Petitioner moved at the hearing to remove Escambla as the name of the Employer and substitute the name of WBSR, Inc., on the ground that Escambia no longer operated this station. Over the objection of the Employer , the hearing officer granted the Petitioner's motion. We find that the Employer had sufficient and proper notice of this bearing. For reasons given in paragraph 4, below , we find that there is also no merit in the Em- ployer's second ground for dismissal. The motion to dismiss is hereby denied. N. L. R. B. v. Suburban Lumber Co., 121 F. 2d 829 , 834 (C. A. 3, 1941 ) ; Bordo Products Com- pany, 83 NLRB 461; Elk Horn Coal Corporation, 64 NLRB 1536. 3 The Federal Communications Commission approved a transfer of the license from Escambia to WBSR, Inc., on July 6, 1950. 91 NLRB No. 110. 630 WBSR, INC. 631 We find that the Employer is engaged in commerce within the meaning of the National Labor Relations Act.4 Having recently reexamined Board policy covering the exercise of jurisdiction, we hereby reaffirm the Board policy of asserting juris- diction over instrumentalities and channels of interstate and foreign commerce such as this radio station. 2. The labor organization involved claims to represent the employ- ees 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 constitute a unit apropriate for pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act : All technical employees 5 employed at the Employer's radio station in Pensacola, Florida, excluding office and clerical employees, guards, and all supervisors as defined in the Act. [Text of Direction of Election omitted from publication in this volume.] s Western Gateway Broadcasting Corporation, 77 NLRB 49. a At the hearing the Employer also contended that the petition should be dismissed on the ground that of the two employees involved herein , one had submitted his resigns., tion. It appears that the employee who submitted his resignation was actually employed at the station at the time of the hearing, that he agreed to continue in employment until a substitute could be found or he should find another job ; it further appears that the Employer must in any event employ at least two technical employees in order to maintain its broadcasting hours and comply with the requirements of the Federal Communications Commisssion . Under these circumstances , we find no merit in the Employer' s contention.