National Association of Broadcast Engineers and Technicians

NATIONAL ASSOCIATION OF BROADCAST ENGINEERS 355 guaranteed in Section 7 of the Act, the Respondent Union and Respondent John A. Kennedy hive engaged in unfair labor practices within the meaning of Section 8 (b) (1) (A) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication.] NATIONAL ASSOCIATION OF BROADCAST ENGINEERS AND TECHNICIANS, C.I.O., HOLLYWOOD CHAPTER and NA- TIONAL BROADCASTING COMPANY, INC. Case No. 21- CD-31. June 4, 1953 DECISION AND DETERMINATION OF DISPUTE This proceeding arises under Section 10 (k) of the Act, which provides that "whenever it is charged that any person has en- gaged in an unfair labor practice within the meaning of para- graph (4) (d) of section 8 (b), the Board is empowered and directed to hear and determine the dispute out of which such unfair labor practice shall have arisen, . . . " On October 29, 1952, National Broadcasting Company, Inc., herein called NBC, filed with the Regional Director for the Twenty-first Region a charge against National Association of Broadcast Engineers and Technicians, C.I.O., Hollywood Chap- ter,' herein called NABET, alleging that it had engaged in and was engaging in certain activities proscribed by Section 8 (b) (4) (D) of the amended Act. It was alleged, in substance, that NABET had induced and encouraged employees of NBC to engage in a strike or a concerted refusal to work in the course of their employment with an object of forcing or requiring NBC to assign particular work to employees who are members of NABET rather than to employees who are members of Inter- national Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, A. F. of L., Local 33, herein called IATSE. Pursuant to Sections 102.71 and 102.72 of the Board's Rules and Regulations, the Regional Director investigated the charge and provided for an appropriate hearing upon due notice to all the parties. Thereafter, a hearing was held before Louis S. Penfield, hearing officer, on February 24-26, 1953. The hearing officer permitted IATSE to intervene on the basis of its claim to jurisdiction over the work tasks involved herein and its contract with NBC. All parties appeared at the hearing and were afforded full opportunity to be heard, to examine and cross - examine witnesses , and to adduce evidence bearing on the issues. The rulings of the hearing officer made at the hearing are free from prejudicial error and are hereby af- firmed= All parties were afforded an opportunity to argue i The name of Respondent Union appears as amended at the hearing. Y At the conclusion of NBC's presentation of its case on direct, NABET moved to dismiss the notice of charge The hearing officer referred the motion to the Board. For the reasons stated hereinafter, the motion is denied 105 NLRB No. 59. 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD orally before the hearing officer. All parties filed briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. The parties stipulated, and we find, that NBC is engaged in commerce within the meaning of the Act. 2. NABET and IATSE are labor organizations within the meaning of the Act. 3. The dispute. A. The facts NBC owns and operates several television stations, including KNBH, in Los Angeles, California. Programs at KNBH orig- inate from NBC-owned studios, NBC-leased premises, and remote locations. Remote broadcasts are several types: Field pickups of events not produced primarily for television such as political rallies and sport contests; "staged" broadcasts produced primarily for television but regularly originating away from studio or leased NBC premises; and "staged" broadcasts produced primarily for television and regularly originating from studio or leased NBC premises but trans- ferred to the field on particular occasions. The typical engineer or technical complement on a remote broadcast includes the following employees represented by NABET: A technical director in overall charge of the pro- gram's engineering operations ; a video engineer responsible for television picture equipment ; an audio engineer for sound; one or more cameramen; on occasion, a microwave trans- mitter engineer ; and a light direction engineer responsible for the handling and placing of lights by the lighting employees. The technical director is regularly assigned to remote pro- grams and decides which men from his regular field group will perform specific functions from time to time. Together with the program director, he makes a preliminary survey of the proposed location to determine equipment needs, including an estimate of the number and types of lights required for the job. Almost all remotes use lighting equipment either of an electrical or sunlight reflector type. All engineering, both studio and remote, is under the KNBH supervisor of television engineers . Should the remote program require stage scenery or properties, facilities men or stagehands represented by IATSE are assigned from the production facilities department. Studio shows temporarily transferred to the field take along their stagehand crew including stage electricians engaged in lighting work. As indicated hereinafter, until the events in controversy, NABET television assistants or other NABET NATIONAL ASSOCIATION OF BROADCAST ENGINEERS 357 engineers were assigned by NBC to the work of handling and placing lights on regular "staged" remote broadcasts.3 NBC-KNBH began its television broadcasts from Los Angeles on January 1, 1949. Until late in 1951, NABET members per- formed all lighting functions whether at the studio or remote locations. Thereafter NBC assigned studio lighting to IATSE without protest from NABET. As to remotes, NBC adopted a policy which called for the assignment of lighting on "staged" remotes to IATSE and the continuation of assignments of lighting on field pickups toNABET. NBC classified as "staged" a program produced for television, containing a script or format, rehearsed or preplanned, and utilizing staging elements other than lighting, such as properties or scenery. It was sufficient under this policy that one of the elements be present to classify the program as "staged." Accordingly, in December 1951 and the spring of 1952, when major shows regularly broadcast from NBC premises originated on particular oc- casions from remote locations, the IATSE studio crew handled the lighting.4 However, during this period NBC did not observe its policy with respect to "staged" shows regularly broadcast from remote locations for NABET personnel continued to be assigned to light these shows5 until the Walter O'Keefe, Culver City, broadcast of August 21, 1952. Prior to this Walter O'Keefe broadcast, KNBH Labor Re- lations Assistant Turner decided that the show was "staged" and stagehands were assigned to lighting. NABET Representa- tive Pennebaker protested the decision to NBC officials as violative of the NABET agreement. The program director and the technical director of the Walter O'Keefe show finally de- termined that the existing lights were sufficient and no lighting personnel were assigned to this broadcast. About aweek later, Pennebaker informed NBC officials that NABET would con- tinue to protest each remote broadcast in which lighting was given to IATSE. NBC officials replied that lighting assignments would continue to be made on the basis of applicable contracts and company policy. NBC officials also referred to the fact that NABET did not protest the assignment of IATSE stage electricians to the Bob Hope and Eddie Cantor remotes. Pennebaker replied: "Well, don't let's have Bob Hope show made up again while this thing is pending because that is a little bit expensive show to have this happen on." Prior to the Hollywood Hour broadcast of September 26, 1952, from Town House,' Engineer Supervisor Burrell was 3It is not disputed that NABET members are entitled to perform lighting work on field pickups as distinguished from "staged" remotes. There is also no dispute as to remotes broadcast from premises where the operator of the establishment is already under union agreement with respect to the furnishing of lighting. 4These were: December 9, 1952, Eddie Cantor, El Toro Marine Basin; December 23. 1951, Bob Hope, San Diego; Christmas Day, 1951, Dinah Shore from her home; March 9, 1952, Bob Hope, Camp Elliott; June 15, 1952, Bob Hope, El Segundo. The record is not clear as to whether IATSE or NABET members were assigned to the March 26 Bob Hope remote. 5 These were: Tex Williams show, Riverside Rancho; Hollywood Hour, Town House; Ezio Pinza, San Juan Capistrano (kinescope); and Walter O'Keefe from various locations. 6 The facts material to the incidents of September 26 and October 12 are virtually undisputed 358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD instructed by NBC to "see that facilities personnel were used to light the show in case there was any dispute brought up on this. i7 This show was a "staged " broadcast, took place in the evening, and required electrical lighting equipment . Soon after Burrell arrived, he was told by Clements, the technical di- rector , "that they were having some trouble about the lighting." In an alley next to the hotel Burrell and Clements joined a group consisting of two stagehands , Shockley , the light direction engineer , several other members of the NABET crew, and NABET Representatives Pennebaker and Neubouer. Pennebaker and Neubouer had earlier decided that NABET had jurisdiction over the lighting, that if a problem arose Clements should do the talking, but that they would give him any advice he needed. At the start of the alley conference Burrell said to Clements, "I order you as the technical director to order your light di- rection engineer to start lighting this set. " Clements turned to Shockley and said, "Light the set." Pennebaker then called Clements' attention to the fact that "he should not give this order . . . ." Clements retracted his order. Burrell then ordered Shockley to light the set and Shockley said, "Under the same circumstances, I can't light the set either." Burrell then asked Pennebaker if he was "pulling these men off the job," to which Pennebaker replied, "No, I am not pulling these men off the job but we cannot stay here and violate our contract as long as these men [the stagehands] are going to light the set." After a lapse of about 5 minutes during which no work was performed, Burrell directed the stagehands to let the engineers handle the lights with the understanding that this was under management protest. The engineers who had assembled to hear the conference then went back to work. The Tex Williams show of October 12, 1952, was a "staged" daytime program broadcast from Knott's Berry Farm. Some- time after Burrell and Damon arrived at the Berry Farm, they observed a discussion between the stagehands and some engineers , including Harold Lea, light direction engineer, adjacent to the truck containing the light reflectors. At this time the cameramen were adjusting their cameras and the video man was stringing some "mike" leads. When Technical Director Clements approached Burrell, the cameramen stopped working and listened to hear what was going on. In the im- mediate area of discussion were NABET Representative Neubouer, Lea, other members of the crew, and Renfro, a stagehand. Neubouer testified that he was instructed byNABET officials to go to the Berry Farm "to ascertain whether any NABET jurisdiction was encroached upon," and that he was advised to resist any effort to "give away NABET's work to some other labor organization . . . if it became necessary." Clements in- formed Burrell that in his opinion the reflectors should be handled by NABET. Burrell replied that management wanted them operated by stagehands and that Clements should issue 7 James Damon of production facilities was also present. NATIONAL ASSOCIATION OF BROADCAST ENGINEERS 359 orders to this effect. Clements replied that he could not do this. When Burrell asked him if he refused to carry out these instructions, Clements said "he could not do it." Burrell then asked Neubouer whether this action constituted a "walk off the job." Neubouer did not agree that the men would walk off the job but did say, "We could not, the NABET personnel, rather, could not work in violation of the existing NABET-NBC con- tract." Burrell testified that during this period a cameraman capped his lense, one of the men called to the video engineer "to knock off," and that " no one was doing any work." After some 5 minutes of the standstill, during which time Burrell made an inspection of the premises and discovered that no work was being performed , he asked the stagehands to step aside and allow NABET to light the show under protest. This was done. B. Bargaining history In 1944, NABET was certified by the Board as the bargaining representative in a systemwide unit of "all technical employees, wherever located . . . engaged in the operation of technical facilities used in transmitting, converting and/or conducting audio, video, and/or radio frequencies . . ." in the engineering departments of NBC and the Blue Network, predecessor to the American Broadcasting Co. $ The current agreement between NABET and NBC, effective November 1, 1951, and expiring January 31, 1955, contains the following relevant sections: SECTION 1-16 SCOPE OF UNIT The term "employee" as used in this Agreement applies to all the technical employees of the Company wherever located , employed in the Engineering De- partment of the Company . . . . Group Z Light direction engineers9 Group 11 Television Assistant (who may perform one or more of the following duties.) ............... Assist in lighting operation in the field" °National Broadcasting Company, Inc , 59 NLRB 478. 9 The 1945 agreement contained a classification "lighting engineer" which was eliminated in subsequent contracts The "light direction engineers," however, continued as a job classi- fication but was renumbered from group 12 to group 2 beginning in 1949. 10 The agreement lists the additional duties as follows: Chauffeur-mechanic, field setup man, assist in video effects operation, assist in laboratory, assist radio and television receiving set men, adjust microwave receiving and transmitting parabolas, camera dolly operation, technical porters-Chicago, and technical stock clerks. 291555 0 - 54 - 24 360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD SECTION 1-18 DUTIES (a) Technical Equipment Only employees under this Agreement shall oper- ate technical equipment , and technical equipment for the purposes of this contract includes those facilities of the Engineering Department of the Company 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 . . . . 11 In May 1950, the Board, acting on petitions filed by NABET requesting clarification or amendment of the 1944 certification so as to include television lighting employees, issued its de- cision in National Broadcasting Company, Inc., et al.,3 finding that all stage electricians, stage carpenters, and stage property men at the television stations of NBC in New York and in Chicago constituted separate appropriate units. 13 The Board stated: . . . we find it unnecessary to decide whether the Board originally intended, in 1944, to include the lighting employ- ees involved herein in the NABET certified units, as we may effectively dispose of these issues in their entirety by a determination of the units in which these employees presently belong. The finding that lighting employees, including those engaged in remote broadcasts, belonged in a unit of stagehands, was predicated on these factors: Stage electricians were hired as part of a crew with other stagehands, admittedly nontechnical program department employees, with whom they interchanged duties; their job skills and experience partook of stage crafts- manship rather than engineering ; they were in the program department rather than in the engineering department though taking their working instructions from the technical director and light direction engineer ; and the history of stagehand bar- gaining under local wage scales and conditions which differed substantially from the systemwide engineer contracts of NABET. In the supplemental decision issued August 1951,14 the Board clarified the question of whether employees who spent more "The 1945 agreement contained in this section the following reference to lighting equip- ment: "No company technical equipment other than television lighting shall be operated by any person other than an employee of the company as herein before defined." This sentence was omitted from all subsequent agreements 1289 NLRB 1289. 13 The Los Angeles station was not involved As a result of the elections conducted there- after, IATSE was certified as bargaining representative at these locations of NBC. 14 95 NLRB 1334. NATIONAL ASSOCIATION OF BROADCAST ENGINEERS 361 than 50 percent of their time in handling and placing television lights at NBC in New York and Chicago , though designated as engineers , came within the bargaining unit . The Board stated: . . .engineers or any other NBC employees , irrespective of their job designations , who regularly spend more than 50 percent of their time handling and placing television lights in the manner set forth in the decision in this case are in effect stage electricians and belong in the unit for which IATSE has been certified as exclusive bargaining representative. In both the original and supplemental decisions the Board indicated that it was not deciding "whether lighting work is essentially technical or artistic . . . . " Effective August 1, 1952 , and expiring July 31 , 1954, NBC- KNBH entered into an initial agreement with IATSE on the basis of voluntary recognition which provides: 1. Scope of Agreement . This agreement covers and is limited to the employment by the Company of head stage- hands, stagehands , and utilitymen in connection with the presentation of television performances or rehearsals thereof at all the Company ' s television theaters , stages, shops, and studios in the Los Angeles area and at such other locations in the Los Angeles area where the Company is presenting a television performance which requires the services of stagehands . . . . 3. A. Duties . (a) The duties of a stagehand will, . . . with respect to electrical work, include the maintenance, repair , placement and operation of all switchboards, dim- mer boards , spot lights and other lights and lighting de- vices used to light the set or control lighting in connection with such television performances; . . . C. Contentions of the parties NABET alleges that the Board is without jurisdiction to determine the dispute on the grounds that there is no evidence that it directed or authorized the work stoppages ; that it was certified as the bargaining representative of the employees involved ; and that the work stoppages were solely for the pur- pose of obtaining compliance with the terms of the NABET collective -bargaining agreement. With respect to the merits of the dispute , NABET asserts as the basis for its claimtothework in question --the coverage of the existing contract with NBC, the practice thereunder, and the history of bargaining with NBC. NBC and IATSE justify the assignment of the work in dispute to IATSE for the reasons that the Board in the NBC lighting case recognized the handling and placing of lights as staging rather than technical in charac- ter; that consequently NBC formulated its lighting assignments at NBC so as to assign "staged " remotes to IATSE and entered into an agreement with IATSE covering such assignments with- 362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD out protest from NABET; and that NBC fulfilled its obligation under the NABET contract by continuing to assign engineers to unstaged field pickups. D. Applicability of the statute The charge, which was duly investigated by the Regional Di- rector, alleges a violation of Section 8 (b) (4) (D) of the Act, and the Regional Director was satisfied upon the basis of such investigation that there was reasonable cause to believe that a violation of Section 8 (b) (4) (D) of the Act had been committed. The record before us establishes that there is reasonable cause to believe that NABET induced and encouraged employees of NBC to engage in a concerted refusal to perform services in order to force or require NBC to assign the operation of handling and placing lights on remote ''staged" broadcasts to members of NABET although this work had been assigned to employees who were members of IATSE. The Board has held that such factual circumstances are sufficient to invoke the Board's jurisdiction to hear and determine a dispute within the meaning of Sections 8 (b) (4) (D) and 10 (k) of the Act.' We find that this is a dispute within the meaning of Sections 8 (b) (4) (D) and 10 (k) of the Act and, contrary to NABET's con- tentions, that it is properly before us for determination.' E. The merits of the dispute In view of the express proviso contained in Section 8 (b) (4) (D) which permits activities otherwise proscribed if the "em- ployer is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work," we must first determine whether NBC is, in fact, failing to conform to a Board certification. The decision in the NBC lighting case, i' iii which the Board in effect declined to clarify the 1944 certification so as to include tele- vision lighting employees within the systemwide engineering department unit, is dispositive of the efficacy of that certifi- cation herein. We conclude, therefore, that the 1944 certifica- tion did not include the lighting employees involved in this proceeding. We regard the dispute as essentially a disagreement between 2 unions over the question of which of the 2 existing bargaining contracts properly covers the work of handling and placing lights on remote "staged" broadcasts. The NABET contract in unambiguous terms provides for the assignment of lighting work on remote braodcasts to group 11 television assistants , one of whose duties is to "Assist in lighting operation in the field." Neither this clause nor any isLocal 26, international Fur and Leather Workers Union of the United States and Canada ( Winslow Bros. & Smith Co ), 90 NLRB 1379. 9NABET's contentions directed to the effect of its certification and contract are treated under the merits of the dispute. n Supra. NATIONAL ASSOCIATION OF BROADCAST ENGINEERS 363 other provision of the agreement qualifies field lighting duties by a limitation to unstaged or pickup as distinguished from "staged" remotes. Nevertheless, on August 1, 1952,duringthe term of the NABET agreement, NBC and IATSE executed an agreement the scope of which covers all field as well as studio lighting and NBC made assignments accordingly. Unless, there- fore, the practice under the NABET agreement warrants an inference of nullification by administration, we believe the IATSE agreement and the assignments thereunder, to the extent material herein, infringed upon the NABET contract. It is clear that as to regular "staged" remotes, NBC, con- sistent with the NABET agreement , assigned engineers to light the shows.'8 Following execution of the IATSE agree- ment, however, N$C departed from this practice whereupon NABET protested and ultimately engaged in work stoppages on the Hollywood Hour and Tex Williams shows. The lighting duties on these shows remained the same as on other " staged" remotes and no change in operating equipment was involved. It is equally clear that as to studio shows temporarily trans- ferred to remote locations, NBC, for a substantial period prior to the agreement with IATSE, repeatedly assigned stagehands to lighting. NABET did not protest this action until well after it had become established practice. We conclude that the prac- tice at KNBH with regard to lighting assignments on regular "staged" remotes conformed with the language of the group II clause in the NABET agreement. With regard to studio shows temporarily transferred to the field, however, we think NABET waived whatever contractual rights it may have had to such lighting assignments.'9 In the light of the coverage of the precedent NABET agree- ment, the consistent practice thereunder on regular " staged" remotes, and the identity of the lighting functions on the broad- casts in question as compared with previous assignments to NABET engineers, we are of the opinion that in assigning IATSE stagehands .to light the shows of September 26 and Octo- 18By way of explaining the failure to apply its lighting policy to regular "staged" remotes, Turner testified and NBC argues that when a "staged" remote was lit by NABET, he was not consulted, knew nothing of the program until months after it had been broadcast, or his ex- press instructions were disregarded. Assuming as a fact that operating personnel did not carry out company policy, this does not, in our opinion, detract from the actual practice of assigning NABET members to light regular "staged" remotes. It is not questioned that NABET members so labored as employees of NBC. Clearly, once NBC determined to implement its policy, of assigning stagehands, it had no difficulty in effectively transmitting this order through supervisory personnel. We find this contention without merit. 19Moreover, we believe the inclusion of lighting duties on temporary remotes in the IATSE agreement reconcilable with the NABET contract which does not extend to the handling and placing of lights on broadcasts that are essentially studio shows though temporarily removed to the field. We do not of course refer above to any lighting duties other than those in dispute in this proceeding. 364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ber 12, NBC acted in derogation of the NABET contract. to The Board is persuaded that to fail to hold as controlling herein the contractual preemption of the work in dispute would be to encourage disregard for observance of binding obligations under collective-bargaining agreements and invite the very jurisdictional disputes Section 8 (b) (4) (D) is intended to pre- vent. Moreover, contrary to the contentions of NBC and IATSE, we do not consider the fact that NABET possesses neither certification nor Board order as precluding a determination that its contract covers the assignment of the work in dispute. This is so because a literal construction of Section 8 (b) (4) (D),ui in the circumstances of this case, would require that the Board acquiesce in the invasion of an incumbent union's contractual rights by sanctioning the device of reallocating work assignments under color of an agreement with a rival union at a time when the applicable contract is in full force and effect. The incumbent union compelled thereby to strike to protect its contract 22 would be denied a determination in its favor in a 10 (k) proceeding because it lacked a certification or Board order, a result wholly incongruous with the purpose of the Act to promote stability of bargaining relations and 20 Both NBC and IATSE point to the American Broadcasting Company agreement with NABET identical with the NBC-NABET agreement and jointly negotiated, under which all remote lighting in Los Angeles is assigned in practice to IATSE. NABET maintains that this resulted from a bargain peculiar to conditions at ABC. It is sufficient herein that the practice at NBC as indicated above conformed to the NABET agreement and that there exists no contract ambiguity such as would require resort to industry practice for purposes of clarification. Moreover, we note that NBC itself did not adopt the ABC arrangement for it does not dispute the assignment of NABET members to field pickups SiThe relevant portions of Section 8 of the Act are as follows: (b) It shall be an unfair labor practice for a labor organization or its agents-- O (4) to engage in, or to induce or encourage the employees of any employer to engage in, a strike or a concerted refusal in the course of their employement to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services, where an object thereof is: . . (D) forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is failing to conform to an order or certification of the Board determining the bargaining repre- sentative for employees performing such work:. . 2ZOn the facts of this case, we do not construe the no-strike provision of the NABET agree- ment as a bar to a determination that the NABET contract properly covers the work in dis- pute. The relevant clause provides: There will be no stoppage of work, lockout or other interference with Company operations and the employees hereunder will perform their regular and customary duties for the Company until one of the parties has failed to comply promptly with any final decision of an arbitrator. (Underscoring supplied.) In assigning the work to IATSE, NBC, in our view, prevented NABET engineers from per- forming "their regular and customary duties" which included the handling and placing of lights on regular "staged" remotes. In any case, it is apparent that had NABET sought arbitration of its work claim under the agreement, an award pursuant thereto would not bind IATSE. Cf Winslow Bros. & Smith Co., supr. ROCKLAND LIGHT AND POWER COMPANY 365 minimize industrial disputes.23 Accordingly, in view of the foregoing, we find that the employees handling and placing lights on regular "staged" remote broadcasts at KNBH are at present covered by the contract between NBC and NABET.24 DETERMINATION OF DISPUTE On the basis of the foregoing findings of fact and upon the entire record in this case, the Board makes the following de- termination of dispute pursuant to Section 10 (k) of the amended Act: 1. The handling and placing of lights on regular "staged" remote broadcasts at NBC-KNBH, Los Angeles, California, is at present covered by the agreement in existence between NBC and National Association of Broadcast Engineers and Techni- cians, C.I.O., and not by the agreement between NBC and International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, A. F. of L., Local 33. 2. Within ten (10) days from the date of this Decision and Determination of Dispute, National Broadcasting Company, Inc., National Association of Broadcast Engineers and Techni- cians, C.I.O., Hollywood Chapter, and International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, A. F. of L., Local 33, shall each notify the Regional Director for the Twenty-first Region, in writing, of the steps it has taken to comply with the terms of this Decision and Determination of Dispute. 231t is a well-recognized rule of statutory interpretation that a literal construction which would lead to absurd or incongruous results should be avoided, even where the literal purport of the words used is clear. 24As we view the issue presented in this proceeding one of paramount contractual right to the work in question, the arguments in the briefs of NBC and IATSE directed to representa- tion criteria are deemed inapplicable. Accordingly, we need not now decide whether the NBC lighting case would be controlling were the issue one of appropriate unit. Cf. National Associa- tion of Broadcast Engineers and Technicians, CIO (National Broadcasting Company, Inc.), 103 NLRB 479; Radio and Television Broadcast Engineers Union, Local 1212, International Brotherhood of Electrical Workers, A. F. L. (Columbia Broalcast ng System, Inc.), 103 NLRB 1256. Further, we note that the NBC lighting case did not involve unit findings with respect to KNBH. ROCKLAND LIGHT AND POWER COMPANY and INTER- NATIONAL CHEMICAL WORKERS UNION, AFL, LOCAL 143, Petitioner ROCKLAND LIGHT AND POWER COMPANY and INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, Petitioner. Cases Nos. 2-RC-5531 and 2-RC-5564. June 4, 1953 DECISION, ORDER, AND DIRECTION OF ELECTION Upon separate petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held 105 NLRB No. 53.