KPOJ, Inc.

KPOJ, INC. (KPOJ), ET AL . 727 If, in the elections hereinafter directed, a majority of the employees in each of the above voting groups vote for the same labor organiza- tion, both groups will be merged into a single overall unit which, under the circumstances, we find to be appropriate. If a majority of the employees in voting group A vote for one of the labor organizations, and a majority of the employees in voting group B vote for the other labor organization, the Regional Director is instructed to issue a certi- fication of representatives to each labor organization for such unit, which the Board under these circumstances, finds to be appropriate for the purposes of collective bargaining. If, on the other hand, a majority of employees in one voting group vote for one of the Unions and a majority of employees in the other voting group vote for no labor organization, the Regional Director is instructed to issue the appropriate certifications in accordance with the outcome of the elections.' [Text of Direction of Elections omitted from publication.] B For the reasons indicated by the majority in Waikiki Biltmore, Inc., 127 NLRB 82, we have not provided for pooling of the votes in the elections directed herein. KPOJ, Inc. (KPOJ), King Broadcasting Company, d/b/a Pioneer Broadcasting Company (KGW), Mount Hood Radio and Tele- vision Broadcasting Corporation (KOIN), and Essex Produc- tions Inc., and Dena Pictures Incorporated , d/b/a a joint venture (KXL) i and American Federation of Television and Radio Artists, Portland Local , AFL-CIO, Petitioner. Case No. 36-R0,1508. November 21, 1960 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 Robert J. Weiner, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with 1 The names of the four Employers appear as amended at the hearing. The Petitioner sought to introduce into evidence certain questionnaires signed by the announcer-technicians. Item 1 of the questionnaire asked whether they regarded them- selves primarily as performers or as technicians ; item 2 elicited their preferences with respect to a bargaining unit. Rulings on the admissibility of these two items was re- ferred to the Board by the hearing officer. The items are rejected. The best evidence as to item 1 is the testimony of the announcer-technicians themselves. Item 2 is rejected because the desires of the employees will be best expressed at a Board-conducted election. In view of the unit findings in this case, we find it unnecessary to pass on the objec- tions of the Petitioner to the evidentiary rulings of the hearing officer. 129 NLRB No. 81. 728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD this case to a three-member panel [Members Rodgers, Jenkins, and Fanning]. Upon the entire record, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations named below claim to represent certain employees of the Employer.' 3. The Intervenor contends that its contract running from July 1, 1958, to June 30, 1961, is a bar to the present proceedings. The Board has decided that any contract having a fixed term in excess of 2 years is a bar for only the first 2 years.4 In view of the foregoing we find that the petition is not barred by the contract between the Employer and the Intervenor, and that a question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Sections 9(c) (1) and2(6) and (7) of the Act. 4. The Intervenor and the Employer maintain the KWJJ Broad- casting Co. is a member of the stipulated multiemployer group con- sisting of the four above-named radio stations. The Petitioner would exclude it. In 1953, the Intervenor and the Petitioner were jointly certified as bargaining representatives of the employees at KWJJ. Successive joint contracts followed, the last of which was effective until July 1, 1958, and thereafter to be continued in effect until 60 days after written notice of termination by either party. Since such termination was never effected, it appears that the contract continues in effect. Moreover, the record indicates that KWJJ has agreed to continue to negotiate joint contracts for its employees. In spite of KWJJ's presence at multiemployer bargaining sessions in 1956 and 1958 it has never signed the contracts negotiated at these sessions. We find under these circumstances, that there was no unequivocal intent manifested by KWJJ to be bound by multi-employer bargaining and, accordingly, KWJJ shall be excluded.' The principal issue is the unit placement of the category of em- ployees denominated announcer-technicians and more commonly known as disk jockeys. The Petitioner seeks a unit of all employees who appear before the microphone, that is, "pure" announcers and announcer-technicians, while the Intervenor argues that the appro- priate unit consists of announcer-technicians and technicians. The Employers seek a unit of all three categories. The record indicates that these employees spend a considerable 'amount of their air time engaged in activities other than speaking. They operate turntables $ International Brotherhood of Electrical Workers, Local 49, AFL-CIO, intervened on the basis of its contractual interest in the employees. 4 Pacific Coast Association of Pulp and Paper Manufacturers, 121 NLRB 990. 5 Chicago Metropolitan Home Builders Association, 119 NLRB 1184. KPOJ, INC. (KPOJ), ET AL. 729 and tape recorders, cue records, read and regulate potentiometers, and make log entries of certain meter readings in compliance with FCC regulations. However, the record indicates that for the most part the announcer- technicians do not have any formal technical education and that the mechanical tasks they are required to perform do not demand such training. The mechanical duties of the announcer-technicians are in- cidental to their principal function of announcing and require manual dexterity and agility rather than technical know-how. Moreover, it appears that the requisite mechanical knowledge is not particularly involved and can be acquired in a relatively short time. Additionally the announcer-technicians have, in the main, different hours than the engineers, operate generally under a different promo- tional structure, are separately supervised and, in general, have in- terests which are more consonant with those of the pure announcers than the engineers. We therefore find that announcer-technicians are properly included in the unit petitioned for .6 In the past the Board has found that a unit of all employees who appear regularly or frequently before the microphone is an appropri- ate unit.' All of the employees petitioned for, including Ivan Jones, Doug LaMear, Tom McCall, and Konnie Worth at KGW, and Johnny Carpenter and Art Kirkham at KOIN, appear regularly or frequently before the microphone and accordingly they will be included.' Robert Webb at station KPOJ appears on the air only once a week on Sunday evenings and is otherwise employed 3 days per week as a part-time technician. His speaking duties consist entirely of station breaks or similar routine announcements. Since his speaking duties are routine in nature and occupy such a minimal portion of his total working time, he shall be excluded. The record is not sufficiently clear as to the duties of Robert Tanna, an employee of station KPOJ and accordingly we shall permit this individual to vote subject to challenge. Accordingly, we find that the following employees constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : All employees of radio stations KPOJ, KGW, KOIN, and KXL, who appear regularly or frequently before the microphone, excluding office clerical employees, guards, professional employees, and super- visors within the meaning of the Act. [Text of Direction of Election omitted from publication.] O Radio Statton KHQ and KHQ-TV, 111 NLRB 874. 'Hampton Roads Broadcasting Corporation (WGH), 100 NLRB 238. 8 Norfolk Broadcasting Corporation (WNOR), 100 NLRB 244.