Columbia Broadcasting System, Inc.

In the Matter of COLUMBIA BROADCASTING SYSTEM, INC. and AMERICAN RADIO TELEGRAPHISTS ASSOCIATION Case No. R-379.-Decided March ^?5, 1938 Radio Broadcasting Industry-Investigation of Representatives : controversy concerning representation of employees : rival organizations ; controversy as to appropriate bargaining unit-Unit Appropriate for Collective Bargaining: petition seeks unit composed of employees in New York metropolitan area ; such local unit found not to be appropriate ; organization of business ; functional coherence ; similarity of wages and working conditions ; history of collective bargaining-Order: dismissing petition. Mr. Charles A. Graham, for the Board. Mr. AS'ol A. Rosenblatt and Rosenberg, Goldmark di Colin, by Mr. Louis Fabricant and Mr. Sydney M. Kaye, of New York City, for the Company. Mr. Sidney Elliott Cohn, of New York City, for A. R. T. A. Miss Anne E. Freeling, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Under date of June 21, 1937, American Radio Telegraphists As- sociation, herein called A. R. T. A., filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Columbia Broadcasting System, Inc.," New York City, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 15, 1937, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relation's Board Rules and Regula- tions-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 'Incorrectly designated as The Columbia Broadcasting System in the petition 166 DECISIONS AND ORDERS 167 On August 13, 1937, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company; upon A. R. T. A.; upon Associated Columbia Broadcast Technicians, herein called A. B. T. ; 2 upon Theatrical Protective Union, Local No. 1; and upon Broadcast Technicians of Columbia Broadcasting System, Inc., labor organizations claiming to represent employees directly affected by the investigation. Pursuant to an amended notice, a hearing was held on September 28, 29, and October 2, 1937, at New. York City, before H. R. Korey, the Trial Examiner duly designated by the Board. The Board, the Company, A. R. T. A., and A. B. T. were represented by counsel and participated in the hearing. The other organizations which were served with notice of the hearing did not appear or participate in the proceeding. Full opportunity to be heard, to examine and to cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. Briefs were thereafter filed by the Company and by A. B. T., which have received due consideration. Pursuant to notice, a hearing was held before the Board on Janu- ary 19, 1938, in Washington, D. C., for the purpose of oral argument. During the course of the hearing at New York City the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed these rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS Or FACT I. THE BUSINESS OF THE COMPANY Columbia Broadcasting System, Inc., is a New York corporation engaged in the business of radio broadcasting, as well as business. included in or incidental thereto, such as the management and book- ing of performers and artists for radio broadcasting. The Com- pany owns or leases and operates the following stations : WEEI-studio in Boston, transmitter in Medford, Massachu- setts WABC-studio in New York City, transmitter in Wayne,. New Jersey WJSV-studio in Washington, D. C., transmitter in Alex- andria, Virginia WBT-studio in Charlotte, transmitter in Pineville, North_ Carolina 2 The name was changed in June 1937 to Associated Broadcast Technicians. 80618-38-vor,. vi-12 168 NATIONAL LABOR RELATIONS BOARD WKRC-studio and transmitter in Cincinnati, Ohio WBBM-studio in Chicago, transmitter in Glenview, Illinois KMOX-studio in St. Louis, transmitter in Mattesse, Mis- souri WCCO-studio in Minneapolis, transmitter in Anoka, Minne- sota KNX-studio in Los Angeles, transmitter in Van Nuys, Cali- fornia.3 The Company is affiliated with approximately ten other stations. In addition, it has agreements with stations situated in the United States and in the Dominion of Canada, which provide that the re- spective stations will accept and broadcast commercial network pro- grams -offered to them by the Company. The Company delivers these programs over its leased telephone lines to such stations, which then broadcast them from their own transmitters.4 All the stations of the Company are licensed under the Federal Communications Act. The Company stated that over 90 per cent of the business it handles moves across State lines. The Company admits that it is engaged in interstate commerce. II. THE ORGANIZATIONS INVOLVED American Radio Telegraphists Association is a labor organization affiliated with the Committee for Industrial Organization, admitting to its membership radio technicians and engineers employed by the Company. Associated Broadcast Technicians is an independent labor organiza- tion, admitting to its membership radio technicians and engineers employed by the Company. III. THE APPROPRIATE UNIT For about four years the Company has recognized A. B. T. as the bargaining agent for the radio technicians and engineers employed at all the Company's stations throughout the country, except Station KMOX.5 The Company has negotiated several written contracts with A. B. T. concerning wages, hours, and working conditions. On June 18, 1937, while negotiations were being conducted between the Company and A. B. T. for a new contract, a majority of the tech- nicians and engineers employed at Station WABC voted to dissolve 'Board Exhibit No 2. 4 Board Exhibit No. 4 b 5 For about four years before the Company acquired this station , it had been operating under an agreement with the international Brotherhood of Electrical Workers This agreement had been negotiated jointly by all the broadcasting stations in St. Louis, and was continued in effect after the Company took over the station DECISIONS AND ORDERS 169 their A. B. T. local. At that time there were approximately 80 technicians and engineers employed at Station WABC, including those at the studio in New York City and at the transmitter in Wayne, New Jersey, all of whom had been members of A. B. T. Approximately 60 of these former members of A. B. T. became mem- bers of A. R. T, A. The remaining technicians and engineers at this station reorganized the New York local of A. B. T. A. R. T. A. gave the Company written notice that it represented a majority of the technicians and engineers employed by the Company in the N ew York metropolitan area, which, it contended, was an appropriate unit for the purposes of collective bargaining. The Company, however, continued to negotiate }with A. B. T. and, on or about June 28, 1937, consummated another written contract on the national-unit basis.° A. B. T., at the time this contract was entered into, represented more than 130 of the 206 technicians and engineers employed by the Company. As is generally true in the communications industry, and in radio broadcasting in particular, the work at the various stations must be perfectly coordinated.7 To distribute satisfactorily radio programs to an international audience requires instantaneous functional co- herence throughout the Company's system. Such coherence is made possible by constant intercommunication among the technicians and engineers by direct wires connecting the stations. The elimination of time and distance by the use of radio and the wire line results in all the technicians associated with a program, wherever located, working together as a closely coordinated unit. The principal office of the Company is in New York City. At this main office the general management problems and policies covering all the stations of • the Company are determined. Although local ,station managers and chief engineers have authority to hire and fire, such action is subject to review by the home office. Wages and working conditions are substantially the same at all the Company's stations. Technicians and engineers at the various stations do similar work. They may be, and sometimes are, trans- ferred from one station to another. We are of the opinion, on the basis of the record, that a unit com- posed solely of technicians and engineers employed by the Company in the New York' metropolitan area is not appropriate for the pur- e This contract ' contains a closed -shop provision . During the oral argument before the Boaid , counsel for tDe Company and for A. B . T stated that this provision was intended to apply only to future employees of the Company , and would not be construed so'as to apply to present employees 7 Cf. Matter of Mackay Radio Corporation of Delaware , Inc and Mackay Radio it Telegraph Co and American Radio Telegraphists Association, 5 N. L R B 657 170 NATIONAL LABOR RELATIONS BOARD poses of collective bargaining ." Since the petition filed in this pro- ceeding relates solely to employees of the Company in the New York metropolitan area, it is not necessary to determine what would be the appropriate unit if the petition were broader in scope. IV. THE QUESTION CONCERNING REPRESENTATION Since, as stated in Section III, we are unable to find an appropriate unit within the scope of that alleged in the petition filed in this case, we must find that no question has been raised concerning the repre- sentation of employees of the Company in an appropriate bargain- ing unit: Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSION OF LAW No question concerning the representation of employees of Colum- bia Broadcasting System, Inc., in a unit which could be found appro- priate for the purposes of collective bargaining has arisen, within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the foregoing findings of fact and conclusion of law, the National Labor Relations Board hereby dismisses the petition for investigation and certification filed by American Radio Telegraphists Association. 8Cf Matter of Smuft and Company and Packing House TVoikeis Union, Local No 563, 4 N L R B 779 , Matter of American Woolen Company, Nat'l and Piovidence Mills and Independent Textile Union of Olneyville, 5 N L R B 144; Matter of Standard Oil Company of California and Oil TPorkeis International Union, Local 299, 5 N L. R B 750.