Texas Star Broadcasting Co.

In the Matter of TEXAS STAR BROADCASTING COMPANY and AMERI- CAN FEDERATION OF RADIO ARTISTS, AFL In the Matter of TEXAS STAR BROADCASTING COMPANY and INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 716, AFL Cases Nos. 16-R-16.7 and 16-R-1633, respectively.-Decided April 30,1946 Mr. Roy Hof heinz, of Houston, Tex., for the Company. Mr. Sewell Myer, of Houston, Tex., and Mr. Lloyd James, of New York City, for the AFRA. Mr. G. I. Lawson, of Houston, Tex., for the IBEW. Mr. F. G. Dunn, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by American Federation of Radio Artists, AFL, herein called AFRA, and by International Brotherhood of Electrical Workers, Local 716, AFL, herein called the IBEW, alleg- ing that questions affecting commerce had arisen concerning repre- sentation of employees of Texas Star Broadcasting Company, Hous- ton, Texas, herein called the Company, the National Labor Relations Board consolidated the cases and thereafter provided for an appro- priate hearing upon due notice before Glenn L. Moller, Trial Examiner. The hearing was held at Houston, Texas, on April 1, 1946. The Com- pany, AFRA, and IBEW appeared and participated. All parties ti-, ere afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. All parties were afforded oppor- tunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Texas Star Broadcasting Company, a partnership composed of Roy Hofheinz and W. N. Hooper, is engaged in the operation of a 250-watt 67 N. L. R. B., No. 128. 1033 1034 DECISIONS OF NATIONAL LABOR RELATIONS BOARD radio station at Houston, Texas, known as Station KTHT. The Com- pany operates under a license from the Federal Communications Com- mission, operating on a frequency of 1,230 kilocycles. The Company is affiliated with the Mutual Broadcasting Company, a national radio network. The Company is classified by the Federal Communications Commission as Class A, local station. During the year 1945 the Com- pany did a total volume of business in excess of $100,000, of which more than $24,000 represented income from national advertising. Most of the equipment used by the Company is manufactured outside the State of Texas. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED American Federation of Radio Artists is a labor organization, affil- iated with the American Federation of Labor, admitting to member- ship employees of the Company. International Brotherhood of Electrical Workers, Local 716, is a labor organization, affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. TIIE QUESTIONS CONCE11NING REPRESENTATION The Company has refused to grant recognition to either the AFRA or the IBEW as the exclusive bargaining representative of any of its employees until each has been certified by the Board in an appropriate unit. Statements of a Board agent, introduced into evidence at the hear- ing, indicate that both AFRA and the IBEW represent substantial numbers of employees in the units hereinafter found appropriate? We find that questions affecting commerce have arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNITS Case No. 16-11-1627 AFRA and the Company are in general agreement that a unit com- posed of all staff announcers employed by the Company, excluding the ' The Field Examiner reported that in Case No 16-R-1627, AFRA submitted five applica- tion cards that there were approximately five employees in the unit alleged to be appro- priate :, that in Case No 16-R-1633 , IBEW submitted six cards and that there are approximately seven employees in the unit alleged to be appropriate. TEXAS STAR BROADCASTING COMPANY 1035 station manager, is appropriate. They disagree, however, as to the inclusion or exclusion of the following individuals : Francis Gilbert is classified as the program director. Gilbert's work is closely related to that of the announcers and he frequently appears before the microphone himself. Although AFRA contends that he is a supervisory employee, there is no evidence in the record that he has the authority to hire or discharge, or otherwise effect changes in the status of employees. We shall include him in the unit. Pat Blades is classified as traffic manager. She works directly under Mr. Hills, the station manager, doing routine clerical work. Although Blades spends 15 minutes daily announcing vital statistics, it is evident that her primary duties are clerical. We shall exclude her from the unit. Richard Altman is the Company's special events and sports an- nouncer. He also performs two daily shows of 15 minutes each. In addition, Altman relieves the staff announcers in their absence. inasmuch as he is primarily engaged as a radio announcer, we shall include Altman in the unit. Some doubt also was raised at the hearing concerning the status of the following persons : Paul Hoehuli is amusement editor of a local newspaper and acts as it commentator on a daily 15-minute radio program. The record is clear that he is not an employee of the Company and we shall, there- fore, exclude him from the unit. Robert Stephenson: Although this man was formerly employed as it salesman, doing some part-time announcing, it appears that he is now employed on a regular shift as a full-time staff announcer in addition to his duties of servicing old accounts. We shall include hilt in the unit. We find that all staff announcers of the Company,' including the special events announcer 3 and the program director, but excluding the traffic manager, the station manager, 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 a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. Case No. 16-R-1633 We find, in accordance with the agreement of the parties at the hearing, that all technicians in the Company's employ, including the assistant engineer, the maintenance engineer, transmitter operators, remote broadcast operator, and control board operators, but excluding Excluding Paul Hochull. Richard Altman. 1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the chief engineer and any 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 ac- tion, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have arisen be resolved by elections by secret ballot among the em- ployees in the appropriate units who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tions herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Texas Star Broad- casting Company, Houston, Texas, elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Sixteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the units found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, 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, to determine whether or not the employees in the appropriate unit in Case No. 16-R-1627 desire to be represented by American Federa- t ion of Radio Artists, AFL, for the purposes of collective bargaining, and to determine whether or not the employees in the appropriate unit in Case No. 16-R-1633 desire to be represented by International Brotherhood of Electrical Workers, Local 716, AFL, for the purposes of collective bargaining.