National Broadcasting Co., Inc.

In the Matter of NATIONAL BROADCASTING COMPANY, INC. and NATIONAL ASSOCIATION OF BROADCAST ENGINEERS AND TECHNICIANS and AMERICAN FEDERATION OF MUSICIANS In the Matter of AMERICAN BROADCASTING COMPANY, INC. and NATIONAL ASSOCIATION OF BROADCAST ENGINEERS AND TECHNICIANS and AMERICAN FEDERATION OF MUSICIANS Cases Nos. 2-057351 and 2-0734; respectively. Decided March 31,1945 DECISION AND ORDER On February 3, 1945, the Trial Examiner issued his Intermediate Report in the above-entitled consolidated proceeding, finding that the respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist therefrom and take certain affirmative action, as set out in the copy of the Intermediate Report attached hereto. Thereafter, the American Federation of Musicians, herein called the AFM, and the respondent American Broadcasting Company, Inc., filed exceptions to the Intermediate Report; the respondent American Broadcasting Company, Inc. also filed a supporting brief. Oral argument, in which the respondents, the AFM, and National Association of Broadcast Engineers and Tech- nicians, herein called NABET, participated, was held before the Board at Washington, D. C., on March 6, 1945. The Board has re- viewed the rulings of the Trial Examiner and finds that no prejudicial error was committed. The rulings are hereby affirmed., The- Board has considered the Intermediate Report, the exceptions and briefs of the parties, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, with the exceptions, additions, and qualifications noted below 2 I Pursuant to an order of the Board dated January 13, 1945, Case No. 2-C-5734 was consolidated with Case No. 2-C-5735. 2 The Trial Examiner found that the parties met for the last time on January 24 and that during this meeting the respondents unsuccessfully attempted to induce NABET to waive its jurisdiction over platter turners. The record shows and we find, that while the parties met again after January 24, 1944, the last time that the respondents attempted to induce NABET to waive its jurisdiction over the platter turners was at a meeting with NABET on January 24, 1944. 61 N. L. R. B., No. 21. 161 162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. At the oral argument before the Board, counsel for the AFM conceded that unless the Board were to reverse its determination of the appropriate unit in the representation proceeding, the contentions of the AFM would constitute no valid defense to the respondents' refusal to bargain with NABET. No new evidence has been offered and no new arguments have been advanced relating to the issue of whether platter turners should be within a musicians' unit as claimed by AFM or, except in Chicago, within an engineers' and technicians' unit as determined by the Board in the representation proceeding. After full reconsideration of the issues we affirm our unit determination in this respect. 2. As part of their defense, the respondents inferentially base their refusal to bargain `vith NABET on the letters of January 27 and 28, 1944, which both the AFM and the respondents contend constitute valid contracts. However, at the representation proceeding and at the oral argument before the Board in the present proceeding, it was admitted that these alleged agreements had been made subject to our determination in a proper representation proceeding that platter turners, except in Chicago, would be included in a musicians' unit rep- resented by the AFM.3 Since we have determined that they should be included in a unit of engineers and technicians represented by NABET, this condition was never met. Accordingly, apart from any other considerations, we find that the letters of January 27 and Janu- ary 28, 1944, do not constitute a valid defense to the respondents' refusal to bargain. 3. As a further defense to their refusal to bargain with NABET the respondents, as set forth in the Intermediate Report, rely upon the economic reprisals which the AFM threatened to put into effect if they recognized and bargained with NABET as the exclusive repre- sentatives for platter turners. We have fully considered the respond- ents' contention in this respect and, as we have previously held, we ' The record in the representation proceeding contains the following statements: Mr. McDONALD (Counsel for the respondent National Broadcasting Company, Inc.) : . We discussed terms with Local 802 under which platter turners would be employed, pro- vided the NLRB certified the AFAI jurisdiction of platter turners, . . . • • n • • s • Mr. PADWAY (Counsel for the AFM) : Well, I accept Mr. McDonald's explanation of it, that is all, and that saves a lot of time. The transcript of the oral argument In the present proceeding contains the following statements: I Mr. PADWAY : The contract of the musicians was about to expire. Conferences were had respecting . . . any other terms and conditions which would enter into the new contract , that the musicians made a formal demand for platter turners ; that their demand was granted subject to whatever might be determined by the National Labor Relations Board. • • s s a s ► Mr. McDONALD : Gentlemen of the Board, in answer to Judge Padway's question I would like to state that it is my understanding that the letters given in January of 1944, were, of course, subject to any decision that this National Labor Relations Board might make, but he (sic) letter of N. B C. did not specifically so state. I regarded it as an implied con- dition . . . NATIONAL BROADCASTING COMPANY, INC. 163 find that neither as a matter of law does it constitute a defense to the duty to bargain required by the Act nor in the exercise of our discretion do we regard it as a valid justification for such refusals.-' ORDER Upon 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 : A. The respondents, National Broadcasting Company, Inc., and American Broadcasting Company, Inc., both of New York City, and their respective officers, agents, successors, and assigns, shall cease and desist from : (1) Refusing to bargain collectively with National Association of Broadcast Engineers and Technicians as the exclusive representative of their respective employees in the respective appropriate units set forth in paragraphs B (1) and C (1) of this Order with respect to rates of pay, wages, hours of employment, and other conditions of employment; (2) Engaging in any like or related acts or conduct interfering with, restraining, or coercing their employees in the exercise of their right to self-organization, to form labor organizations, to join or assist National Association of Broadcast Engineers and Technicians, or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the pur- pose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the Act. B. The respondent National Broadcasting Company, Inc., and its officers, agents, successors, and assigns, shall take the following affirma- tive action which the Board finds will effectuate the policies of the Act : (1) Upon request, bargain collectively with National Association of Broadcast Engineers and Technicians as the exclusive representative of all technical employees, wherever located, of the engineering depart- ment of National Broadcasting Company, Inc., engaged in the opera- tion of technical facilities used in transmitting, converting and/or conducting audio, video, and/or radio frequencies for use in broadcast, rebroadcast, audition, rehearsal, recording and/or `.`on the air" play- back, excepting "on the air" playback in Chicago, Illinois, but exclud- ing chief engineer, operating engineer and assistant, engineering managers, engineers in charge, operations supervisors, television oper- Matter of Gluek Brewing Co., 47 N. L. R. B 1079, 1093, enf'd 144 F. (2d) 847 (C C A. 8 ) ; Matter of McQuay-Norris Manufacturing Company, 21 N. L. R B. 709, 717, enf'd 116 F. (2d) 748 (C C A. 7), cert denied 313 U. S 565; Matter of Star Publishing Company, 4 N. L. R B. 498, enf'd 97 F. ( 2d) 465 (C C. A. 9) ; 1 Matter of Isthmian Steam- ship Company, 22 N. L R B. 689 , 699, enf'd 126 F. (2d) 598 (C. C. A. 2 ) ; and Matter of Walgreen Company, 44 N. L. R. B. 1200, 1214. 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ations supervisors, station engineers at transmitters of more' than 5 kw., television station engineers, engineers in charge and their first assistants in the following engineering groups : radio facilities, audio facilities, development, and technical services; construction superin- tendents; engineer in charge of television; and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, in respect to rates of pay, wages, hours of employment, and other conditions of employment; (2) Post in its studios at New York City; Chicago, Illinois; Wash- ington, D. C.; Cleveland, Ohio; Denver, Colorado; and San Francisco, California, copies of the notice attached hereto, marked "Appendix A." Copies of said notice, to be furnished by the Regional Director for the Second Region, shall, after being duly signed by the respond- ent's representative, be posted immediately upon receipt thereof, and maintained by it for sixty (60) consecutive days thereafter, in con- spicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the respondent to insure that said notices are not altered, defaced, or covered by any other material; (3) Notify the Regional Director for the Second Region in writing, within ten (10) days from the date of this Order, what steps the respondent has taken to comply herewith. C. The respondent American Broadcasting Company, Inc., and its officers, agents, successors, and assigns, shall take the following affirma- tive action which the Board finds will effectuate the policies of the Act : (1) Upon request, bargain collectively with National Association of Engineers and Technicians as the exclusive representative of all technical employees, wherever located, of the engineering department of American Broadcasting Company, Inc., engaged in the operation of technical facilities used in transmitting, converting and/or conduct- ing audio, video, and/or radio frequencies for use in broadcast, rebroad- cast, audition, rehearsal, recording and/or "on the air" playback, excepting "on the air" playback in Chicago, Illinois, but excluding chief engineer, operating engineer and assistant, engineering man- agers, engineers in charge, operations supervisors, television operations supervisors, station engineers at transmitters of more than 5 kw., tele- vision station engineers, engineers in charge and'their first assistants in the following engineering groups: radio facilities, audio facilities, development, and technical services; construction superintendents; engineer in charge of television; and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, in respect to rates of pay, wages, hours of ,employment, and other conditions of employment; NATIONAL BROADCASTING COMPANY, INC. 165 (2) Post in its studios at New York City; Chicago, Illinois; San Francisco, California; and Los Angeles, California, copies of the notice attached hereto, marked "Appendix B." Copies of said notice, to be furnished by the Regional Director for the Second Region, shall, after being duly signed by the respondent's representative, be posted by the respondent immediately upon receipt thereof, and maintained by it for sixty (60) consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the respondent to insure that said notices are not altered, defaced, or covered by any other material ; (3) Notify the Regional Director for the Second Region in writing, within ten (10) days from the date of this Order, what steps the respondent has taken to comply therewith. APPENDIX A NOTICE To ALL EMPLOYEES Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify our employees that : We Will Not refuse to bargain with National Association of Broad- cast Engineers and Technicians as the exclusive representative of our employees in the bargaining unit described herein; We Will Not engage in any like or related act or conduct interfering with, restraining, or coercing our employees in the exercise of their right to self-organization, to form labor organizations, to join or assist the above-named or any other labor organization, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. All our employees are free to become or remain members of this union, or any other labor organization. We Will bargain collectively, upon 'request, with the above-named union as the exclusive representative of all employees in the bargain- ing unit described herein with respect to rates of pay, hours of em- ployment or other conditions of employment, and if an understanding is reached, embody such understanding in a signed agreement. The bargaining unit is.: . All technical employees, wherever located, of the Engineering Department of National Broadcasting Company, Inc., engaged in the operation of technical facilities used in transmitting, converting and/or conducting audio, video, and/or radio frequencies for use in broadcast, rebroadcast, audition, rehearsal, recording and/or "on the air" playback, excepting "on the air" playback in Chicago, Illinois, but excluding chief engineer, operating engineer and assistant, engi- 166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD neering managers, engineers in charge, operations supervisors, tele- vision operations supervisors, station engineers, engineers at trans- mitters of more than 5 kw., television station engineers, engineers in charge and their first assistants in the following engineering groups : radio facilities, audio facilities, development, and technical services; construction superintendents ; engineer in charge of television ; and all other supervisor employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. NATIONAL BROADCASTING COMPANY, INC. Employer. By ----------------------------------------- Dated -------------------- (Representative) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. APPENDIX B NOTICE To ALL EMPLOYEES Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify our employees that : We Will Not refuse to bargain with National Association of Broad- cast Engineers and Technicians as the exclusive representative of our employees in the bargaining unit described herein ; We Will Not engage in any like or related act or conduct interfer- ing with, restraining, or coercing our employees in the exercise of their right to self-organization, to form labor organizations, to join or assist the above-named or any other labor organization, to bargain col- lectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. All our employees are free to become or remain members of this union, or any other labor organization. We will bargain collectively, upon request, ' with the above-named union as the exclusive representative of all employees in the bargaining unit described herein with respect to rates of pay, hours of employ- ment or other conditions of employment, and if an understanding is reached, embody such understanding in a signed agreement. The bargaining unit is : All technical employees, wherever located, of the Engineering De- partment of American Broadcasting Company, Inc., engaged in the operation of technical facilities used in transmitting, converting and/or conducting audio, video, and/or radio frequencies for use in NATIONAL BROADCASTING COMPANY, INC. 167 broadcast, rebroadcast, audition, rehearsal, recording and/or "on the' air," playback, excepting "on the air" playback in Chicago, Illinois, but excluding chief engineer, operating engineer and assistant, engineering managers, engineers in charge, operations supervisors, television - operations supervisors, station engineers at transmitters of more than 5 kw., television station engineers, engineers in charge and their first assistants in the following engineering groups : radio facilities, audio facilities, development, and technical services; construction superin- tendents; engineer in charge of television; and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action. AMERICAN BROADCASTING COMPANY, INC. Employer. By ----------------------------------------- (Representative ) ( Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. INTERMEDIATE REPORT Mr. Alan F. Perl, for the Board. Messrs. Franklin S. Wood and Walter L. Eme7son, of New York, N. Y., for Blue Network. Messrs. J. R. T. Cahill, Joseph A. McDonald, and Charles F. Delmar, of New York, N. Y, for NBC. Mr Joseph A. Padway, by Mr. Robert A. Wilson, of Washington, D C., and Mr. Henry A. Friedman, of New York, N. Y, for AFM. Mr Martin F. O'Donoghue, of Washington, D C., for NABET. STATEMENT OF THE CASE Upon separate charges duly filed on January 11, 1945, by National Associa- tion of Broadcast Engineers and Technicians , herein called NABET, the Na- tional Labor Relations Board, herein called the Board, by the Regional Director for the Second Region (New York, New York), issued its complaint dated Jan- uary 15, 1945, against National Broadcasting Company, Inc., New York, New York, herein called NBC, and American Broadcasting Company, Inc, New York, New Yorks herein called Blue Network,' both herein collectively called the respond- ents, alleging that the respondents , and each of them, had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (5)-and Section 2 (6) and ( 7) of the National Labor Rela- tions Act, 49 Stat 449 , herein called the Act Copies of the complaint and notice of hearing theieon were duly served upon each of the respondents , NABET, and upon the American Federation of Musicians , a party to the proceeding and herein called AFM. With respect to the unfair labor practices, the complaint alleged in substance that from on or about November 24, 1944, each of the respondents has refused to bargain collectively with NABET as the exclusive representative of its respective employees in certain appropriate units, although NABET had been certified as 168 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD the bargaining representative for such employees by the Board in a prior pro- ceeding.) The answer filed by NBC admits all the allegations of the complaint with respect to it but avers that it refused to bargain collectively with NABET because AFM had threatened it with reprisal if it recognized and bargained with NABET as the exclusive representatives of its "platter turners."' The answer of Blue Network admits, in effect, all the allegations of the complaint wit)} respect to it, including the allegation that it refused to bargain collectively with NABET for its platter turners, but denied that Blue Network has ever refused to bargain collectively with NABET with regard to its other employees in the unit found by the Board to be appropriate. The answer further admits that a letter, dated January 6, 1945, and sent by Blue Network to NABET, a copy of which is attached to and made part of the complaint, sets forth the position of Blue Network in this proceeding in' stating that it would not bargain collectively with NABET with regard to its platter turners for the reason that it feared reprisals from AFM. The answer stated that on December 30, 1944, the Blue Network Company, Inc., was a wholly owned subsidiary of the American Broadcasting Company, Inc., and under that date was merged into, and became a part of, American Broadcasting Company, Inc., which has assumed, and is responsible for, all the liabilities of Blue Network Company, Inc. No answer was filed by AFM. Pursuant to notice, a hearing was held on January 30, 1945, at New York, New York, before Howard Myers, the undersigned Trial Examiner, duly designated by the Chief Trial Examiner. The Board, NBC, Blue Network, NABET, and AFM were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. At the opening of the hearing, upon motion of Board's counsel, unopposed by any of the parties, and upon a showing, as reflected by the answer filed herein, that as of December 30, 1944, Blue Network Company, Inc, was merged with its -parent corporation, American Broadcasting Company, Inc., which has assumed all the liabilities of Blue Network Company, Inc., and now occupies the position of respondent herein, the title of Case No. 2-C-5734 was amended to substitute American Broadcasting Company, Inc., in the place and stead of Blue Network Company, Inc., as respond- ent herein. At the conclusion of the hearing, Board's counsel moved to conform the pleadings to the proof. The motion was granted without opposition. Oral argument, in which counsel for the Board and AFM participated, was heard at the conclusion of the taking of the evidence and is a part of the record. Although afforded opportunity to do so, none of the parties have submitted briefs. Upon the entire record in the case, the undersigned makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENTS National Broadcasting Company, Inc, is a Delaware corporation having its, principal place of business in New York City. It is engaged principally in the business-of network and local broadcasting, involving the sale of broadcast time, 1 Matter of National Broadcasting Company, Inc., 59 N. L. It. B. 478. 2 "Platter turners," or, as they are sometimes called, turntable operators, place phono- graph records on one of the two turntables used in broadcasting studios for "on the air" playback, adjusting it for either vertical or lateral cut records and fixing speed of the records in accordance with the instructions appearing on the face of the record, opening the fader control, and, after the record has been played, removing the records from the turntable. The Board found in the said prior representation proceeding that platter turners, except those employed in the Chicago studio of the respondents, are part of the appropriate units. , NATIONAL BROADCASTING COMPANY, INC. - 169 the production of radio programs, the transmission of such programs over cer- tain, stations managed and owned by it and to various broadcasting stations throughout the United States and Canada affiliated with it for broadcasting by them. The National Broadcasting Company owns and operates studios and radio facilities constituting the following broadcasting stations : WEAF, New York City; WMAQ, Chicago, Illinois; WRC, Washington, D. C.; WTAM, Cleveland, Ohio ; BOA, Denver, Colorado ; and KGO, San Francisco, California. It also maintains studios and offices in Los Angeles, California, and has various short wave, television, and experimental broadcasting stations located throughout the United States. It transmits its programs in interstate commerce by broadcast- ing them from the stations it owns and operates and by feeding its network pro- grams over wire lines to the broadcasting stations affiliated with it, which number approximately 140 and are located in various States, Canada, Hawaii, and Cuba. American' Broadcasting Company, Inc., is a Delaware corporation having its principal place of business in New York City. It is engaged in the business of network and local broadcasting, the sale of time facilities and radio programs, and the production of radio programs. It owns and operates the studios and facilities constituting the following broadcasting stations : WJZ, New York City ; WENR, Chicago, Illinois ; KGO, San Francisco, California ; and KECA, Los Angeles, California. It transmits programs over the Blue Network, which con- sists of the 4 above-mentioned stations, and 191 independently owned stations, 2 of which are located in Canada. The programs broadcast include both sustain- ing and commercial programs of news, entertainment and educational character, and advertising. NBC and Blue admit, and the undersigned finds, that they are engaged in com- merce within the meaning of the National Labor Relations Act. II THE ORGANIZATIONS INVOLVED National Association of Broadcast Engineers and Technicians is a labor organ- ization admitting to membership employees of the respondents. American Federation of Musicians, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the respondents. - III. THE UNFAIR LABOR PRACTICES The refusal to bargain collectively with N4BET 1. The Appropriate Units The complaint alleged, as the Board found in its Decision and Certification of Representatives, dated November 24, 1944,3 that all technical employees, wherever located, of the engineering departments of Blue Network and NBC, respectively, engaged in the operation of technical facilities used in transmitting, converting and/or conducting audio, video, and/or radio frequencies for use in broad- cast, rebroadcast, audition, rehearsal, recording and/or "on the air" play- back, excepting "on, the air" playback in Chicago, Illinois, but excluding chief engineer, operating engineer and assistant, engineering managers, engineers in charge, operations supervisors, television operations supervisors, station en- gineers at transmitters of more than 5 kw., television station engineers, en- gineers in charge and their first assistants in the following engineering groups : radio facilities, audio facilities, development, and technical services ; construc- tion superintendents ; engineer in charge of television ; and all other supervisory 3 See footnote 2, supra. 170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute units appropriate for the purposes of collective bargaining. None of the parties disputed the appropriateness of the units as found nor was there any new evidence introduced in the instant proceeding with respect thereto. In accordance with the foregoing, and as set out by the Board in its certifica- tion of NABET, under date of November 24, 1944, the undersigned finds that all technical employees, wherever located, of the engineering department of NBC engaged in the operation of technical facilities used in transmitting, con- verting and/or conducting audio, video, and/or radio frequencies for use in broadcast, rebroadcast, audition, rehearsal, recording and/or "on the air",play- back, excepting "on the air" playback in Chicago, Illinois, but excluding chief engineer, operating engineer and assistant, engineering managers, engineers in charge, operations supervisors, 'television operations supervisors, station engineers at transmitters of more than 5 kw., television station engineers, en- gineers in charge and their first assistants in the following engineering groups : radio facilities, audio facilities, development, and technical services ; construc- tion superintendents; engineer in charge of television; and all other super- visory employees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recommend such _ action, at all times material herein constituted, and now constitutes, a unit appropriate for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment, and that the said unit insures to the said employees of NBC its full benefit of their right to self-organization and collective bargaining and otherwise effectuates the policies of the Act. The undersigned further finds that all technical employees, wherever located, of the engineering department of Blue Network engaged in the operation of technical facilities used in transmitting, converting and/or conducting audio, video, and/or radio frequencies for use in broadcast, rebroadcast, audition, re- hearsal, recording and/or "on the air" playback, excepting "on the air" playback in Chicago, Illinois, but excluding chief engineer, operating engineer and assist- ant, engineering managers, engineers in charge, operations supervisors, television operations supervisors, station engineers at transmitters of more than 5 kw., television station engineers, engineers in charge and their first assistants in the following engineering groups:-radio facilities, audio facilities, development, and technical services ; construction superintendents ; engineer in charge of television ; and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, at all times material herein constituted, and now consti- tutes a unit appropriate for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment, and that the said unit insures to the said employees of Blue Network the full benefit of their right to self-organization and collective bargaining and otherwise effectuate the policies of the Act. 2. Representation by NABET of a majority in the appropriate units In the above-mentioned representation proceeding, the Board, on November 24, 1944, certified NABET as the exclusive representative of the employees in the respective appropriate units. The correctness or adequacy of the Board's certi- fication was not questioned by any of the parties. Accordingly, the undersigned finds that on November 24,1944, and at all times thereafter, NABET was, and now NATIONAL BROADCASTING COMPANY, INC. 171 is, the duly designated representative of a majority of the employees in the afore- said appropriate units and that, pursuant to Section 9 (a) of the Act, NABET was, and now is, the exclusive representative of the employees in the said units for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 3 The refusal to bargain As hereinabove indicated upon separate petitions filed by NABET, the Board issued on November 24, 1944, its Decision and Certification in which it found the platter turners employed by the respondents, except those employed at their respective Chicago studios, were to be included in the appropriate units. On November 27, 1944, Allan T. Powley, the president of NABET met with an official of Blue Network for the purpose of entering negotiations looking toward a collective bargaining contract. Later that day, Powley met with an official of NBC As a result of these meetings, arrangements were made for a joint confer- ence. On December 1, NABET submitted to each respondent identical proposed contracts. On December,5, representatives of NABET met at a joint conference with officials of NBC and Blue Network. There, discussions were had with respect to the contracts submitted by NABET on December 1. John MacDonald, the vice-president of NBC and who acted as spokesman at that meeting for the re- spondents, read to those present a letter dated December 1, which NBC received from James C. Petrillo, the president of AFM, in which Petrillo insisted that NBC disregard the Board's Certification of NABET as the exclusive representative of the employees of NBC in the appropriate unit and carry out the arrangements which NBC made with AFM in January 1944, to hire only members of AFM as platter turners. Despite Petrillo's letter, the parties met and discussed the terms of the proposed contracts on eight other occasions in December, during which agreement was reached with respect to some of the terms At the last December meeting, held on the 21st of that month, the respondents agreed to submit counter-proposed contracts. They submitted identical proposed contracts on December 27. These contracts, however, made no provision for the platter turners. The letter, dated December 27, which accompanied the proposed NBC contract reads in part as follows : Even though we have been unable to complete the redraft of the proposed new NABET contract in line with our recent meetings , we have completed and are sending you herewith the first twelve pages covering Section 1 through 8. We are continuing to work on the balance of the draft and will get it to you as soon as possible. It is our plan to present the dollar amounts to you at our meeting on January 3d. On December 29, NABET sent the following telegram to each respondent : The contract you have submitted is at complete variance with the agree- ment that we reached in New York after three weeks of negotiations. The wage increases agreed to by you must be submitted to me by telegram not later than Saturday noontime. I am not going to wait until January 3 for NBC and Blue to submit. the wage increases that we have requested. The, balance of the draft of the contract must be in my possession not later than Saturday, December 30 and above all you must agree immediately in writing that you recognize NABET as the certified bargaining agent for all turn table operators or else'all negotiations are completely off. I believe NBC and Blue are stalling and are not bargaining in good faith and our patience is exhausted. 172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On the following day (December 30) NBC sent the following telegram to NABET: RE YOUR WIRE OF DECEMBER 29 UNDERSTAND THAT JO MC- DONALD IN HIS TELEPHONE CONVERSATION WITH YOU YESTER- DAY SHORTLY AFTER YOUR WIRE TO ME HAD BEEN SENT ASSURED YOU OF OUR GOOD FAITH IN THESE NEGOTIATIONS AND OF THE DILIGENCE WITH WHICH WE HAVE PREPARED QUR REDRAFT OF THE PURPOSED NBC NABET CONTRACT AND THAT THERE FOR NO ACTION WILL BE TAKEN ON ANY PART OF CONTENTS OF YOUR TELEGRAM TO ME PRIOR TO NEXT WEDNESDAY STOP AT THAT TIME UNDERSTAND WE WILL MEET AT 10:30 a. m. AS ORIGINALLY SCHEDULED AND GO OVER COMPLETE REVISED DRAFT OF THE CONTRACT BALANCE OF WHICH WILL BE DELIVERED TO HILLER IN NEW YORK TUESDAY FOR YOUR RECONSIDERATION PRIOR TO THE MEETING AND ALSO THAT THE PURPOSED NBC NABET WAGE SCALE WILL BE PRESENTED AT THAT MEETING MEAN WHILE I ASSURE YOU THAT REVISED DRAFT SUBMITTED BY US PREPARED BY JO MCDONALD AND GEORGE MCELRATH IN COMPLETE GOOD FAITH AS REFLECTING THEIR UNDERSTANDING OF ALL MATTERS AGREED UPON TO DATE AND THAT ENTIRE NEGOTIATIONS HAS BEEN AND WILL CONTINUE TO BE CARRIED ON WITH ALL PRAC- TICABLE SPEED. On January 3, 1945, the parties again met. At this conference , NABET demanded to know whether the respondents would bargain with NABET with respect to the platter turners. The respondents replied that they so would advise NABET within the next few days . On January 6, NBC wrote NABET the following letter : This letter is in response to the request you made on Wednesday of this week for a written statement of our position with respect to jurisdiction over "platter turners". You stated that your union did not deem it adisaboe (sic) to continue the negotiations for a new collective bargaining agreement unless your jurisdiction was recognized. The National Broadcasting Company has given this matter considerable thought and I must now advise you that we are not in a position to give you our commitment recognizing your union as the proper bargaining agent for "platter turners". We have come to this conclusion because, based on the facts which I shall summarize in this letter , it seems clear to us that this ques- tion can be resolved effectively only by judicial determination. In January 1944, in the course of negotiating with the American Federation of Musicians a new contract covering the instrumental musicians in our employ we agreed , effective in June, to employ musicians as "platter turners". We made this agreement in the belief that we and you could more exactly define "on the air playback" equipment ( as those words are used in our NABET contract) so as to exclude therefrom the actual work of turning "platters", leaving the equipment itself solely under the jurisdiction of your engineers. In April your union instituted a proceeding before the National Labor Relations Board seeking a declaration that your union was the proper collective bargaining agent for the employees engaged in "platter turning." The American Federation of Musicians and the Company were parties to those proceedings . On November 24, 1944, the National Labor Relations Board handed down its order certifying your union as the proper collective NATIONAL BROADCASTING COMPANY, INC. 173 bargaining agent for employees engaged (except in Chicago) in "platter turning". We expected that this order would finally settle this jurisdictional controversy between your union and the American Federation of Musicians and we were fully prepared to negotiate with you on that basis. However, on December 1, 1944, we were informed that the American Fed- eration of Musicians did not regard the Board's decision as determinative of the issues involved and, accordingly, had ordered the musicians in Holly- wood not to participate on the Jack Benny program scheduled for Sunday evening, December 3rd. We were able to have this strike call withdrawn by agreeing to confer with the President of the union, James C. Petrillo, on Tuesday, December 5th in order that we might be fully apprised of his position with respect to this matter. Prior to attending that meeting, we received from Mr. Petrillo, a letter dated December 1st, reading as follows : "Now that the hearing before the National Labor Relations Board is terminated and certification has been granted NABET over work commonly termed 'Pancake turning' except in Chicago, and which work you have yourself recognized belongs to our union, I deem it appropriate that I write to you my view in the matter. "Regardless of the National Labor Relations Board certification, I firmly believe that the agreement we entered into awarding the work of pancake turning to the American Federation of Musicians is legal and proper, and I take this means of notifying you that I shall continue to insist upon this jurisdiction so that the work of pancake turning is performed by members of the American Federation of Musicians throughout the country. "I do not wish to enter into an argument on the merits of the jurisdic- tion, but I think I am within my rights in saying that NABET's claim that it is an independent non-dommnated unit is not substantiated by the facts and the record. Had this been a "complaint" case before the National Labor Relations Board I feel sure that we would have established that NABET is a dominated organization. Of course such facts and circumstances can- not be established in a representation case, which was the character of the case before the Board. If you were to consider the testimony of Mr. Freden- dall at the last hearing you would, I think, be satisfied that it spells nothing more nor less than that NABET is controlled by the companies employing their members. "I think the only fair thing to do in this matter is to cause NABET to release jurisdiction over this class of work Unless that is done we shall be plunged into another controversy, which I am sure neither you nor I desire. Therefore I hasten to bring to your attention my position in this matter irrespective of the certification by the Board, and I request you to take all necessary steps to put into force and effect the agreement we entered into for the members of the American Federation of Musicians in pancake turning." • On December 5th, during our first meeting with you after receiving the foregoing letter, we informed you of its contents. You will note from Mr. Petrillo's letter that he disputes that you are an "independent non-dominated unit" and suggests that had the proceeding before the National Labor Relations Board been a "complaint case" the Board would have sustained his contention He also states that since his union was not in a position to raise the question of domination in the "representation case" that issue is still present and is controlling in the ultimate determination of who is entitled to represent employees engaged in "platter turning." 639678-45-vol. 61-13 174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company is and always has been willing to abide by a decision conclusively determining the jurisdictional question However, in view of the fact that the American Federation of Musicians insists that the certification by the National Labor Relations Board did not effectively deter- mine this issue and refuses to abide by it, we. decided that we had no alternative but to decline to negotiate with either union with respect to "platter turners" until the issue was finally and effectively determined. The status quo, I trust, will be maintained by all concerned until the issue is finally determined-interruption of our essential services should not be permitted to take place particularly in time of war. On the same day (January 6) Blue Network sent the following letter to NABET. The following is a statement of the position of the Blue Network in reference to the dispute between your Union and the American Federation of Musicians , headed by Mr. James C. Petrillo , as to which union shall have jurisdiction of our personnel working as platter turners. In negotiating a new contract with Mr. Petrillo, for the American Federa- tion of Musicians , in January, 1944, the Blue Network agreed, effective in June, 1944, to employ platter turners who are members of the American Federation of Musicians This agreement ,was part of a general contract with the American Federation of Musicians . In making this contract, we were acting in good faith and were advised that we were within our legal rights to award this jurisdiction to the American Federation of Musicians. As you know , in April of last year, your Union instituted a proceeding before the National Labor Relations Board whereby you sought to have NABET named as the Collective bargaining unit for platter turners. The Blue Network and the American Federation of Musicians were parties' to this proceeding On November 24, 1944, the National Labor Relationg Board certified your Union as collective bargaining agent for platter turners, except in Chicago. The Blue Network was prepared to follow the decision of the National Labor Relations Board. However, on December 1, 1944, Mr Petrillo informed us that he did not consider the findings of the National Labor Relations Board binding upon his organization , because he charged that NABET is a so-called. company dominated union. Mr. Petrillo further alleged that the question of whether or not your Union is an independent union had not been considered by the National Labor Relations Board in its proceedings covering the representa- tion of platter turners. He served notice on the Blue Network that as a result, he expected the network to comply With our agreement of January, 1944, and to employ musicians , rather, than engineers , as platter turners. At this time, Mr. Petrillo told the' Blue Network that unless we recognized the jurisdiction of the American Federation of Musicians over platter turn- ers, in accordance with our contract, he would order a series of "wild cat" strikes by withdrawing musicians from Blue Network programs at sporadic intervals. If Mr. Petrillo carries out this threat , it will be impossible for us to broadcast leading programs on the network because of the absence of musicians . We have no adequate legal relief in such situation and over a period of time it would be impossible for us to broadcast our leading pro- grams. The result would be that the operation of the Blue Network would be seriously jeopardized. For the last month we have been negotiating with you the terms of a new collective bargaining agreement. You have now informed us that you NATIONAL BROADCASTING COMPANY, INC. 175 will no longer negotiate unless we accept your Union as the collective bar- gaining unit for platter turners. In view of the circumstances described above, and particularly Mr Petrillo 's contention that the National Labor Relations Board has not determined the question as to your union is an independent and non-dominated organization , we find ourselves unable to comply with your request unless and until such time as this issue has been ' finally and effectively determined in such a way as to be binding on all parties concerned. The first obligation of the Blue Network is to the public. Holding a public franchise, we will make every effort to continue the operation of the network, without interruption , and thus maintain our essential public serv- ice. I know you -will agree that this is particularly important in time' of war, when radio is serving as a vital source of public information, both on the progress of the war and on the efforts necessary to enable us to win the war. The public interest and that of the parties accordingly require that the pei4ding dispute be finally determined as promptly as possible and we sincerely hope that your Union and the American Federation of Musicians will cooperate with us to that end. On January 24, the parties again met . At this meeting , the respondents unsuccessfully attempted to induce NABET to waive its jurisdiction over the platter turners . This was the last meeting of the parties. There were introduced in evidence , letters dated January 27 , 1944, and January 28, 1944, from NBC and Blue Network, respectively, to Petrillo advising that on June 1, 1944 (the termination date of NABET 'S then current contracts), they would employ members of AFM as platter turners The question was inferentially raised at the hearing as to whether these letters represented contracts that would bar consideration of NABET from being certified as the collective bargain- ing representative of the platter turners. Reference to the proceedings of the Board which resulted in the certification of NABET under date of November 24, 1944 (59 N L. R B. 478 ) discloses that these letters were then before the Board and that the status of platter turners was fully considered By its Decision and Certification of Representa- tives of November 24, 1944, the Board has heretofore disposed of any questions presented by the above letters, and in this hearing no showing of new facts concerning the letters has been made It is therefore found that the foregoing letters are no bar to the obligation of the respondents to bargain collectively with NABET as the representative of the platter turners. Respondents ' defense to the charges of refusal to bargain with NABET is bottomed on the claim that to do so would result in reprisals from the AFM The Board and Courts have on many occasions , denied the validity of similar urged defenses to charges of unfair labor practices 4 The paramount and plain duty of the respondents in this situation was to obey the mandate of the Con- gress as expressed in the National Labor Relations Act and to bargain with NABET. The undersigned finds that on January 6, 1945, and at all times thereafter, the respondents , and each of them, refused to bargain collectively with NABET as the exclusive representative of their respective employees in appropriate units with respect to rates of pay, wages , hours of employment , and other conditions of employment , and by such refusal interfered with, restrained, and coerced their respective employees in the exercise of the rights guaranteed in Section 7 of the Act. 4 N L. R. B. v. Star Publishing Co., 97 F. ( 2d) 465 '( C C A. 9) 176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the respondents set forth in Section III, above, occurring in connection with the operations of the respondents described in Section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY Having found. that the respondents have engaged in unfair labor practices, the undersigned will recommend that they cease and desist therefrom and to take certain affirmative action designed to effectuate the policies of the Act. The undersigned has found that the respondents have refused to bargain collectively with NABET as the representative of the majority of the employees in the appropriate units. The undersigned shall recommend, therefore, that the re- ^pondents, and each of them, upon request, bargain collectively with NABET. Upon the basis of the above findings of fact and upon the entire record in the ease, the undersigned makes the following:' ' CONCLUSIONS OF LAW 1. National Association of Broadcast Engineers and Technicians and American Federation of Musicians, affiliated with the American Federation of Labor, are labor organizations, within the meaning of Section 2 (5) of the Act. 2. All technical employees, wherever located, of the engineering department of American Broadcasting Company, Inc., New York, New York, engaged in the operation of technical facilities used in transmitting, converting and/or conduct- ing audio, video, and/or radio frequencies for use in broadcast, rebroadcast, audition, rehearsal, recording and/or "on the air" playback, excepting "on the air" playback in Chicago, Illinois, but excluding chief engineer, operating engi- neer and assistant, engineering managers, engineers in charge, operations super- visors, television operations supervisors, station engineers at transmitters of more than 5 kw., television station engineers, engineers in charge and their first assist- ants in the following engineering groups: radio facilities, audio facilities, devel- opment, and technical services; construction superintendents; engineer in charge of television ; and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute, and at all times material herein constituted, a unit appropriate-for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 3. All technical employees, wherever located, of the engineering department of National Broadcasting Company, Inc., New York, New York, engaged in the operation of technical facilities used in transmitting, converting and/or conduct- ing audio, video, and/or radio frequencies for use in broadcast, rebroadcast, audi- tion, rehearsal, recording and/or "on the air" playback, excepting "on the air" playback in Chicago, Illinois, but excluding chief engineer, operating engineer and assistant, engineering managers, engineers in charge, operations supervisors, television operations supervisors, station engineers at transmitters of more than 5 kw., television station engineers, engineers, engineers in charge and their first assistants in the following engineering groups : radio facilities, audio facilities, development, and technical services; construction superintendents; engineer in charge of television ; and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of NATIONAL BROADCASTING COMPANY, INC. 177 employees , or effectively recommend such action , constitute, and at all times material herein constituted , a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 4. National Association of Broadcast Engineers and Technicians was on November 24, 1944, and at all times thereafter has been, the exclusive representa- tive of all the employees in aforesaid units for the purposes of collective bargain- ing, within the meaning of Section 9 (a) of the Act. 5. By refusing on January 6, 1945, and at all times thereafter , to bargain collectively with National Association of Broadcast Engineers and Technicians, as the exclusive representative of their respective employees in the appropriate units, the respondents have, and each of them has , engaged and are engaging in unfair labor practices , within the meaning of . Section 8 ( 5) of the Act. 6. By interfering with, restraining, and coercing their respective employees in the exercise of the rights guaranteed in Section 7 of the Act , the respondents have, and each of them has, engaged in and are engaging in unfair labor prac- tices, within the meaning of Section 8 (1) of the Act. 7. The aforesaid unfair labor practices are unfair labor practices affecting commerce, within the meaning of Section 2 ( 6) and ( 7) of the Act. RECOMMENDATIONS Upon the basis of the above findings of fact and conclusions of law, the un- dersigned recommends that the respondents, National Broadcasting Company, Inc., and American Broadcasting Company, Inc ., both of New York, New York, their respective officers, agents , successors, and assigns shall: 1. Cease and desist from: (a) Refusing to bargain collectively with National Association of Engineers and Technicians as the exclusive representative of their respective employees in the units heretofore found appropriate, with respect to rates of pay, wages, hours of employment , and other conditions of employment. 2. Take the following affirmative actions which the undersigned finds will effectuate the policies of the Act : (a) National Broadcasting Company, Inc., shall , upon request, bargain col- lectively with National Association of Engineers and Technicians as the ex- clusive representative of all technical employees, wherever located, of the engi- neering department of National Broadcasting Company, Inc ., engaged in the operation of technical facilities used in transmitting , converting and/or conduct- ing audio, video, and/or radio frequencies for use in broadcast , rebroadcast, audition , rehearsal, recording and/or "on the air" playback , excepting "on the air" playback in Chicago , Illinois, but excluding chief engineer , operating en- gineer . and assistant, engineering managers , engineers in charge, operations' supervisors, television operations supervisors, station engineers at transmitters of more than 5 kw., television station engineers, engineers in charge and their first assistants in the following engineering groups,: radio facilities, audio facilities , development, and technical services ; construction superintendents ; engineer in charge of television ; and all other supervisory employees with au- thority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees , or effectively recommend such action, in respect to rates of pay, wages, hours of employment , and other conditions of employment : (b) American Broadcasting Company, Inc . shall, upon request, bargain col- lectively with National Association of Engineers and Technicians as the ex- clusive representative of all technical employees , wherever located, of the engineering department of American Broadcasting Company, Inc., engaged in 178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the operation of technical facilities used in transmitting, converting and/or conducting audio, video, and/or radio frequencies for use in broadcast, re- broadcast, audition, rehearsal, recording and/or "on the air" playback, ex- cepting "on the air" playback in Chicago, Illinois, but excluding chief engineer, operating engineer and assistant, engineering managers, engineers in charge, operations supervisors, television operations I supervisors, station engineers at transmitters of more than 5 kw., television station engineers, engineers in charge and their first assistants in the following engineering groups: radio facilities, audio facilities, development, and technical services; construction superintendents ; engineer in charge of television ; and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, in respect to rates of pay, wages, hours of employment, and other conditions of employment ; (c) National Broadcasting Company, Inc. shall post in its studios at New York, New York ; Chicago, Illinois ; Washington, D. C.; Cleveland, Ohio ; Den- ver, Colorado ; and San Francisco, California, copies of the notice attached hereto, marked "Appendix, A'•' Copies of said notice, to be furnished by the Regional Director for the Second Region, shall, after being duly signed by a representative of National Broadcasting Company, Inc, be posted by National Broadcasting Company, Inc. immediately upon receipt thereof, and maintained by it for sixty (60) consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted Reasonable steps shall be taken by National Broadcasting Company, Inc. to insure that said notices are not altered, defaced, or covered by any other material. (d) American Broadcasting Company, Inc. shall post in its studios at New York, New York ; Chicago, Illinois ; San Francisco, California ; and Los Angeles, California copies of the notice attached hereto, marked "Appendix B" Copies of said notice, to be furnished by the Regional Director for the Second Region, shall, after being duly sighed by a representative of American Broadcasting Company, Inc, be posted by American Broadcasting Company, Inc. immediately upon receipt thereof, and maintained by it for sixty (60) consecutive days there- after, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by National Broadcasting Company, Inc. to insure that said notices are not altered, defaced, or covered by any other material. (e) Notify the Regional Director for the Second Region in writing within ten (10) days from the date of the receipt of this Intermediate Report what steps the respondents have taken to comply therewith. It is further recommended that unless on or before ten (10) days from the_ date of the receipt of this Intermediate Report, the respondents notify said Regional Director in writing that they will comply with the foregoing recom- mendations, the National Labor Relations Board issue an order requiring the respondents to take the action aforesaid. As provided in Section 33 of Article II of the Rules and Regulations of the National Labor Relations Board, Series 3, as amended, effective November 26, 1943, any party or counsel for the Board may within fifteen (15) days from the date of the entry of the order transferring the case to the Board, pursuant to Section 32 of Article II of said Rules and Regulations, file with the Board, Rochambeau Building, Washington, D. C., an original and four copies of a statement in writing setting forth such exceptions to the Intermediate Report or to any other part of the record or proceeding (including rulings upon all motions or objections) as he relies upon together with the original and four I NATIONAL BROADCASTING COMPANY, INC . 179 copies of a brief in support thereof. Immediately upon the filing of such state- ment of exceptions and/or brief, the party or counsel for the Board filing the same shall serve a copy thereof upon each of the other parties and shall file a copy with the Regional Director. As further provided in said Section 33, should any party desire permission to argue orally before the Board request therefor must be made in writing to the Board within ten (10) days from the date of the order transferring the case to the Board. HOWARD MYERS, Trial Examiner. Dated February 3, 1945. NLRB 582 (9-1-44) APPENDIX A NOTICE To ALL EMPLOYEES Pursuant to the recommendations of a trial examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify our employees that : We will not in any manner interfere with, restrain, or coerce our employees in the exercise of their right to self-organization, to form labor organizations, to join or assist National Association of Broadcast Engineers and Technicians or any other labor organization, to bargain collectively through representatives of their. own choosing, and to engage in concerted activities for the purpose of collec- tive bargaining or other mutual aid or protection. All our employees are free to become or remain members of this union. or any other labor organization We will bargain collectively upon request with the above-named union as the exclusive representative of all employees in the bargaining unit described herein with respect to rates of pay, hours of employment or other conditions of employ- ment, and if an understanding is reached, embody such understanding in a signed agreement. The bargaining unit is: All technical employees,, wherever located, of the Engineering Department of National Broadcasting Company, Inc engaged in the operation of technical facili- ties used in transmitting, converting and/or conducting audio, video, and/or radio frequencies for use in broadcast, rebroadcast, audition, rehearsal, recording and/or "on the air" playback, excepting "on the air" playback in Chicago, Illinois, but excluding chief engineer, operating engineer and assistant, engineering man- agers, engineers in charge, operations supervisors, television operations supervi- sors, station engineers at transmitters of more than 5 kw., television station engi- neers, engineers in charge and their first assistants in the following engineering groups : radio facilities, audio facilities, development, and technical services ; construction superintendents; engineer in charge of television; and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. ------------------------------------ (Employer) Dated -------- ------------ By ------------ ----------------- (Representative) (Title) This notice roust remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. 180 NLRB 582 (9-1-44) APPENDIX B No'icE To ALL EMPLOYEES - Pursuant to the recommendations of a trial examiner of the National Labor Relations Board, and' in order to effectuate the policies of the National Labor Relations Act, we hereby notify our employees that : We will not in any manner interfere with, restrain , or coerce our employees in the exercise of their right to self-organization, to form labor organizations, to join or assist National Association of Broadcast Engineers and Technicians, or any other labor organization , 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 . All our employees are free to become or remain members of this union , or any other labor organization. I We will bargain collectively upon request with the above -named union as the exclusive representative of all employees in the bargaining unit described herein with respect to rates of pay, hours of employment or other conditions of employ- ment, and if an understanding is reached , embody such understanding in a signed agreement. The bargaining unit is: All technical employees , wherever located, of the Engineering Department of American Broadcasting Company, Inc . engaged in the operation of technical facilities used in transmitting , converting and/or conducting audio, video , and/or radio frequencies for use in broadcast, rebroadcast , audition , rehearsal, recording and/or "on the air" playback , excepting "on the air" playback in Chicago, Illinois, but excluding chief engineer , operating engineer and assistant , engineering man- agers, engineers in charge, operations supervisors, television operations super- visors, station engineers at transmitters of more than 5 kw., television station engineers, engineers in charge and their first assistants in the following engi- neering group : radio facilities, audio facilities, development , and technical serv- ices ; construction superintendents ; engineer in charge of television ; and all other supervisory employees with authority to hire, promote , discharge, discipline, or otherwise effect changes in the status of employees , or effectively recommend such action. Dated -------------------- This notice must remain DECISIONS OF NATIONAL LABOR RELATIONS BOARD ------------------------------------ (Employer) By ------------------------------------ (Representative ) ( Title) posted for 60 days from the date hereof, and must not be altered , defaced, or covered by any other material.