Perfect T.V., Inc.

PERFECT T.V., INC. 575 senting employees in the industry in which the Employer is engaged. It is the Petitioner's willingness, rather than its constitutional ability, to represent these employees which is the controlling factor. 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. In accord with the agreement of the parties, we find that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9(b) of the Act: All personnel employed by the Employer at its Boston, Massachusetts, operation, who perform police, guard, and protection duties, excluding all nonguard personnel and all super- visors as defined in the Act. [Text of Direction of Election omitted from publication.] 8 Mayfair Industries, Incorporated, 126 NLRB 223 Perfect T.V., Inc. and International Brotherhood of Electrical Workers, Local Union 44, AFL-CIO, Petitioner. Case No. 19-RC-92727. November 21, 1961 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing offi- cer of the National Labor Relations Board. His rulings made at the hearing are free from prejudicial error and are affirmed. Upon the entire record, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act.' 2. The labor organization named below claims to represent certain employees of the Employer. 1 The Employer is engaged in Montana in the maintenance of a community TV antenna system by which it transmits TV signals by cable to its customers Its annual revenue is about $70 ,000 Paul McAdams is its president and principal owner McAdams is also president and principal owner of Yellowstone Amusement Company and Livingston Com- munity Antenna Association, herein called Yellowstone and Livingston, respectively, and is an owner and officer of Big Timber TV Cable, Inc and Western Micro-Wave, inc , herein called Big Timber and Western Micro-wave, respectively Like the Employer, these com- panies operate in Montana Livingston , with an annual revenue of about $80,000, and Big Timber, whose annual revenue is about $20,000, also provide TV cable service Yellowstone operates a r,uho station and has an annual reienue of about $60,000. Western Micro-Wave has microwave facilities which pick up the TV signals of major net- works originating in Salt Lake City, Utah, and relay then to the community antennas, it service for winch it is paid. The record indicates that McAdams administers the various enteiprises oisned by him as a single integrated operation In support of its unit posi- tion that the appropriate unit in this case should include such cable service repairmen as are employed by the Employer, Yellowstone, Livingston, and Big Timber, the Employer 134 NLRB No. 81. 576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Section 9(c) (1) and Section 2(6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within Section 9(b) of the Act. All cable service repairmen 2 employed by the Employer at its Lewistown, Montana, operation, excluding office clerical employees, professional employees, guards, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] MEMBER RODGERS took no part in the consideration of the above Decision and Direction of Election. stated at the hearing that these companies have "a very , very close interrelated working arrangement , and, in fact , are managed and operated by the same personnel." Upon the entire record , we find that the Employer and other companies mentioned above constitute a single employer under the Act and that their combined volume of business satisfies the communications systems standard adopted in Raritan Valley Broadcasting Company, Inc., 122 NLRB 90, which is applicable herein. The assertion of jurisdiction over the Employer is therefore warranted . Cf. Warren Television Corporation, 128 NLRB 1, where the employer's operation did not include a microwave transmission system. 2 Petitioner seeks a unit of cable service repairmen employed by the Employer. The Employer would broaden the scope of this unit as indicated above. However, the Em- ployer and Livingston alone regularly employ cable service repairmen . The Employer is located about 130 miles from Livingston . It has its own manager who hires employees and directs them in their work. Such interchange as takes place between it and Livingston occurs mainly in emergency situations . Under all the circumstances , we find the pro- posed unit to be an appropriate one. A. E. Schultz Fuel Co., Inc., and Midwest Bulk, Inc. and Marvin Rochon. Case No. 13-CA-3973. November 22, 1961 DECISION AND ORDER On June 16, 1961, Trial Examiner Eugene E. Dixon issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain un- fair labor practices and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the Inter- mediate Report attached hereto. Thereafter, the Respondents filed exceptions to the Intermediate Report, and the General Counsel filed a brief in support of the Intermediate Report. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Mem- bers Leedom and Fanning]. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. 134 NLRB No. 58.