Midwest Radio-Television, Inc.

MIDWEST RADIO-TELEVISION, INC. 337 employed in this industry in the rest of the United States. Approxi- mately 4,400 of the 7,000 to 8,000 metropolitan New York City area employees are organized, with about 3,500 employees of 70 employers being covered by 3-year contracts, and about 900 employees of 10 em- ployers being covered by contracts of 2 years' duration or less. Most, but not all, of the 3,500 to 4,000 employees elsewhere in the United States are organized, with no evidence on the duration of the contracts most of them are covered by, and with evidence that 400 or 500 em- ployees of 9 employers are covered by contracts of 2 years' duration or less. Thus, in the metropolitan New York City area, which is the major center of the industry in the United States, approximately 80 percent of the organized employees are covered by 3-year contracts, and close to 50 percent of all employees in that area are covered by 3-year contracts. Moreover, on a nationwide basis, at least 40 percent of the organized employees in the industry are covered by 3-year con- tracts, and at least 30 percent of all employees in the industry are cov- ered by 3-year contracts. In view of these facts, we find that, on a nationwide basis as well as on a metropolitan New York City basis, a substantial part of the cur- tain and allied products manufacturing industry is covered by 3-year contracts, and therefore that the instant 3-year contract is of reason- able duration and a bar to a present election.4 Accordingly, we shall dismiss the petition.' [The Board dismissed the petition.] MEMBER RODGERS, dissenting : For the reasons stated in the dissenting opinion in Republic Avia- tion Corp., 109 NLRB 569, I would direct an election in this case. A See Republic Aviation Corp , 109 NLRB 569 1 In view of this disposition , we need not pass upon the issue as to how the appropriate unit should be geographically defined. MIDWEST RADIO-TELEVISION, INC. and INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF THE UNITED STATES AND CANADA, AFL, PETITIONER. Case No. 18-RC-2360. January 27, 1955 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Max Rotenberg, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 111 NLRB No. 55. 338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer.' 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit of the Employer's television floormen, film editors, and photographic laboratory technicians. The Employer and the Intervenor contend that such a unit is inappropriate because these employees have been bargained for as part of a larger unit of the Employer's technicians, and because the work duties of these em- ployees and the technicians denote a community of interest requiring bargaining on a single unit basis. The Employer operates a radio station and a television station. It employs 50 technicians, 18 in the radio station and 32 in the television station. It employs 10 television floormen, 4 film editors, and 1 photographic laboratory technician, all in its television operation. The Intervenor and the Employer, and their predecessors, have had contractual relations for several years. A contract dated May 26, 1950, effective from October 1, 1949, and thereafter amended on sev- eral occasions, describes the unit as "all broadcast technicians and engineers, hereinafter called technicians." This contract contains an additional description of the unit in terms of broad work duties which might be construed as covering some of the duties performed by the employees in the unit sought, but the provisions of the contract with respect to rates of pay, overtime, and days off have not been applied to these employees. In August 1952, the Intervenor requested that the Employer bargain with it concerning the employees in the unit sought, but this request was refused, as were similar previous requests that the Intervenor had made of the Employer's predecessor. However, the parties agreed orally that if in a separate election for these employees they indicated their desire to be represented by the Intervenor, they would be added to the existing unit of technicians. As a result the Intervenor filed a representation petition with the Board on August 27, 1952, for the same unit sought by the Petitioner herein, and after an election conducted pursuant to a consent-election agreement, the Intervenor was certified as the collective-bargaining representative for that unit on September 17, 1952. Thereafter, however, the Em- ployer and the Intervenor executed separate contracts, which have recently expired, covering the technicians in one unit and the em- ' International Brotherhood of Electrical Workers, Local 292, AFL, herein called the Intervenor, was permitted to intervene on the basis of its recently expired contract with the Employer covering the employees involved herein. MIDWEST RADIO-TELEVISION, INC. 339 ployees sought herein in another unit. In view of the foregoing, we find that the 1950 contract between the Employer and the Intervenor did not cover the employees sought by the Petitioner, and that these employees have been bargained for separately following the Board election in 1952. The principal duties of the technicians are to operate and maintain the electronic equipment used in radio and television broadcasting, and, except for those who operate cameras on the studio floor while a broadcast is in progress, they usually work in the control booth, the master control room, or the transmitter sites. The technicians are skilled employees who must have a knowledge of electronics and the operation of electronic equipment, and about 75 percent of them have FCC licenses. They are supervised primarily by the transmitter engi- neer or the studio engineer, assisted by "supervisors." The top scale of pay for these employees is $119 per week. The principal duties of the television floormen are to set up and dismantle scenery, move scenery and props, operate microphone booms, set lights on sets, place flopcards, and relay cues to talent. All of these duties are performed on the studio floor, except on the infre- quent occasions when floor men are assigned to a "remote" program when they perform their duties away from the studios. The work of the floormen is essentially unskilled, and no particular education or training is required for it. These employees are supervised primarily by the production manager, assisted by the production directors. The top scale of pay for these employees is $75 per week. The principal duties of the film editors are to receive the title and the schedule of film to be presented on the air on a given date, and select the appropriate film and determine the amount to be shown within the allotted time. This work is performed in the film editing room. The work of these employees is essentially unskilled, and re- quires no particular training or experience. Like the floormen, these employees are supervised primarily by the production manager, who, in regard to these employees, is assisted in his duties by the film di- rector. The top scale of pay for these employees is $85 per week. The principal duties of the photographic laboratory technician are to process and prepare film for delivery to the projection room to be shown on the air, and to record sound on film. This work is performed in the photographic laboratory room. His supervision is the same as that of the film editors, and his work also is essentially unskilled re- quiring no special training or experience. The top scale of pay for this employee is $85 per week. In view of the history of collective bargaining in separate units for the technicians and the "program" employees sought by the Petitioner, and in view of the differences in the duties, skills, supervision, and rates of pay of the two groups of employees, it is apparent that the 344056-55-vol 111-23 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD unit sought by the Petitioner could be an appropriate unit. However, the Board has held that either an overall unit or separate units of en- gineering and program employees may be appropriate in the televi- sion industry.2 We find, therefore, that the employees in the unit sought may ap- propriately form a separate unit, or may appropriately be a part of the existing unit of technicians represented by the Intervenor. Ac- cordingly, we shall direct an election to determine the desires of the employees. If a majority vote for the Petitioner, they will be taken to have indicated their desire to constitute a separate appropriate unit, which the Board, under such circumstances, finds to be appropriate for purposes of collective bargaining, and the Regional Director is instructed to issue a certification of representatives to the Petitioner for such unit. If a majority vote for the Intervenor, they will be taken to have indicated their desire to be a part of the existing unit represented by the Intervenor, and the Regional Director is instructed to issue a certification of results of election to that effect. Accordingly, we shall direct that an election be held among the fol- lowing employees : All television floormen, film editors, and photographic laboratory technicians at the Employer's Minneapolis, Minnesota, television sta- tion, excluding all other employees, guards, watchmen, professional employees, and supervisors as defined in the Act.' [Text of Direction of Election omitted from publication.] 2 Empire Coil Co., Inc , 106 NLRB 1069 , and cases cited therein. 3 As production directors have the a uthority to hire, discharge , and direct the work of other employees , we find that they are supervisors and we exclude them tiom the unit. AMERICAN NATIONAL INSURANCE COMPANY and LOCAL No. 42, OFFICE EMPLOYEES' INTERNATIONAL UNION, AFL, PETITIONER. Case No. 7-RC-2598. January 27,1955 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National La- bor Relations Act, a hearing was held before Iris H. Meyer, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case' the Board finds : 1. The Employer, a Texas corporation, the home office of which is located in Galveston, Texas, is engaged in soliciting and issuing ordi- i Following the hearing in this case, the parties stipulated to facts , hereinafter noted, warranting the assertion of jurisdiction herein The stipulation is hereby received and made part of the record. 111 NLRB No. 52.