WTVO Television Station

126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Winnebago Television Corp., d/b/a WTVO Television Station and Local 1220, International Brotherhood of Electrical Workers, AFL-CIO. Case 38-CA-614 June 27, 1969 DECISION AND ORDER By CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND BROWN On May 8, 1969, Trial Examiner Herbert Silberman issued his Decision in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner' s Decision. Thereafter, the Respondent filed exceptions to the Trial Examiner's Decision and a supporting brief and the General Counsel filed a brief in support of the Trial Examiner's Decision. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and brief, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended , the National Labor Relations Board hereby adopts as its Order the Recommended Order of the Trial Examiner and orders that the Respondent , Winnebago Television Corp., d/b/a WTVO Television Station , Rockford, Illinois, its officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner' s Recommended Order. TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE HERBERT SILBERMAN, Trial Examiner: Upon a charge filed on February 4, 1969, Local 1220, International Brotherhood of Electrical Workers, AFL-CIO, herein called the Union, a complaint dated February 13, 1969, was duly issued alleging that Winnebago Television Corp., d/b/a WTVO Television Station, herein called the Respondent, has engaged in and is engaging in unfair labor practices within the meaning of Sections 8(a)(l) and (5) and 2(6) and (7) of the National Labor Relations Act, as amended . In substance, the complaint alleges that on January 17, 1969, the Union was duly certified as the exclusive collective-bargaining representative of Respondent's employees in an appropriate unit, and that since said date Respondent has refused and is refusing to recognize and to bargain with the Union as such exclusive bargaining representative, although the Union has requested and is requesting it to do so. Respondent's answer, as amended at the hearing, denies that it has violated the Act. Respondent's defense, in substance, is that in the underlying representation proceeding the Board erred with respect to the unit which it found appropriate for the purposes of collective bargaining and, more specifically, that the Board's findings of fact therein were not supported by substantial evidence and the Board's decision was arbitrary and capricious. A hearing in this proceeding was held on April 17, 1969, in Rockford, Illinois. Upon the entire record in the case, I make the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Respondent, an Illinois corporation , operates a television broadcasting station in Rockford, Illinois. During the 12 months preceding the issuance of the complaint, which period is representative of Respondent's business activities, Respondent sold goods and services valued in excess of $50,000 to customers located outside the State of Illinois, and purchased and received goods and services valued in excess of $50,000 from suppliers located outside the State of Illinois. During the same period, Respondent, in the course and conduct of its operations, derived a gross income in excess of $500,000. Respondent admits, and I find, that it is engaged in commerce within the meaning of Section 2(6) and (7) of the Act. II. THE LABOR ORGANIZATION INVOLVED The Union is a labor organization within the meaning of Section 2(5) of the Act. III THE UNFAIR LABOR PRACTICES After a hearing in the consolidated cases numbered 38-RC-567 and 38-RC-568, following petitions duly filed by the Union under Section 9(c) of the Act, the Regional Director for Region 13 issued a Decision, Order and Direction of Election dated November 18, 1968, in which he found appropriate for collective bargaining the following unit of Respondent's employees: All news department employees, including news cameramen , news reporters, news writers and news editor, but excluding the newscaster , supervisors as defined in the Act and all other employees. On November 29, 1968, Respondent filed with the Board a request for review of the unit determination. On or about January 9, 1969, the Board issued its denial of said request for review. On January 9, 1969, pursuant to the Decision and Direction of Election, an election was held in which two valid votes were cast for the Union, no vote was cast against the Union, and one vote was challenged. On January 17, 1969, said Regional Director certified the Union as the exclusive collective-bargaining representative 177 NLRB No. 25 WINNEBAGO TELEVISION CORP. of the employees in the above-described unit. On January 17, 1969, and on various dates thereafter, the Union requested Respondent to bargain collectively with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment for the employees in the above-described unit. At all times since said date Respondent has refused to bargain collectively with the Union. On January 31, 1969, Respondent's attorney and agent wrote the Union a letter which, in pertinent part, reads as follows: This will confirm our phone conversation of January 30, 1969, in which I informed you as legal representative of Winnebago Television Corporation that the management of WTVO will not enter into collective bargaining negotiations with your union. The reason for the refusal to bargain is that Winnebago Television Corporation believes that the ruling by the Labor Board in which they found the unit to be appropriate is erroneous and contrary to other established legal precedents. Upon the foregoing, I find that the Union was duly certified by the Board as the collective-bargaining representative of the employees of Respondent in the appropriate unit described above and that the Union at all times since January 17, 1969, has been, and now is, the exclusive bargaining representative of all the employees in the aforesaid unit, within the meaning of Section 9(a) of the Act. I further find that Respondent since January 17, 1969, has refused to bargain collectively with the Union as the exclusive representative of its employees in the appropriate unit and that by such refusal Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(1) and (5) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondent set forth in section III, above, occurring in connection with its operations described in section I, above, have a close, intimate, and substantial relationship to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY Having found that the Respondent has engaged in unfair labor practices, I shall recommend that it cease and desist therefrom and that it take certain affirmative action designed to effectuate the policies of the Act. As I have found that the Respondent has refused to honor the Certification of Representative issued by the Board, and in order to insure that the employees in the appropriate unit will have the opportunity to enjoy the full benefits that may be derived from their selection of a bargaining agent as contemplated by the Act, I recommend that the initial year of certification be deemed to begin on the date that the Respondent commences to bargain in good faith with the Union as the recognized bargaining representative for the employees in the appropriate unit . See Mar-Jac Poultry Company, Inc., 136 NLRB 785; Commerce Company d/b/a Lamar Hotel, 140 NLRB 226, 229 , enfd . 328 F.2d 600 (C.A. 5), cert. denied 379 U.S. 817. Upon the basis of the foregoing findings of fact and upon the entire record in this case , I make the following: CONCLUSIONS OF LAW 127 1. All news department employees at Respondent's television broadcasting station in Rockford, Illinois, including news cameramen, news reporters, news writers, and news editor, but excluding the newscaster, supervisors as defined in the Act, and all other employees constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9(b) of the Act. 2. Since January 17, 1969, and at all times material herein, Local 1220, International Brotherhood of Electrical Workers, AFL-CIO, has been the exclusive collective-bargaining representative within the meaning of Section 9(a) of the Act of the employees in the above-described unit. 3. By refusing, on and after January 17, 1969, to bargain collectively with the Union as the exclusive representative of the employees in the aforesaid appropriate unit, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) of the Act. 4. By the aforementioned refusal to bargain, Respondent has interfered with, restrained, and coerced and is interfering with, restraining, and coercing employees in the exercise of the rights guaranteed them in Section 7 of the Act, and has thereby engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(1) 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. RECOMMENDED ORDER Upon the foregoing findings of fact and conclusions of law and upon the entire record in the case, and pursuant to Section 10(c) of the Act, I hereby recommend that Winnebago Television Corp., d/b/a WTVO Television Station, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Refusing to bargain collectively with Local 1220, International Brotherhood of Electrical Workers, AFL-CIO, as the exclusive collective-bargaining representative of its employees in the following appropriate unit: All news department employees, including news cameramen , news reporters, news writers and news editor, but excluding the newscaster, supervisors as defined in the Act and all other employees. (b) In any like or related manner interfering with, restraining, or coercing employees in the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action, which is deemed necessary to effectuate the policies of the Act: (a) Upon request, bargain collectively concerning rates of pay, wages, hours of employment, and other conditions of employment with Local 1220, International Brotherhood of Electrical Workers, AFL-CIO, as the exclusive representative of all the employees in the appropriate unit described above, and, if an agreement is reached, embody it in a signed contract. (b) Post at its place of business in Rockford, Illinois, copies of the attached notice marked "Appendix."' Copies 'In the event that this Recommended Order is adopted by the Board, the words "a Decision and Order" shall be substituted for the words "the Recommended Order of a Trial Examiner " in the notice. In the further 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of said notice, on forms provided by the Officer-in-Charge for Subregion 38, after being duly signed by its representative, shall be posted by the Respondent, immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter , in conspicuous places, including all places where notices to employees are customarily posted . Reasonable steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. (c) Notify said Officer-in-Charge, in writing, within 20 days from the receipt of this Decision , what steps have been taken to comply herewith.' event that the Board 's Order is enforced by a decree of a United States Court of Appeals, the words "a Decree of the United States Court of Appeals Enforcing an Order" shall be substituted for the words "a Decision and Order." 'In the event that this Recommended Order is adopted by the Board, this provision shall be modified to read - "Notify said Officer-in-Charge, in writing, within 10 days from the date of this Order, what steps Respondent has taken to comply herewith." WE WILL, upon request, bargain collectively with Local 1220, International Brotherhood of Electrical Workers, AFL-CIO, as the exclusive bargaining representative of all the employees in the bargaining unit described below concerning rates of pay, wages, hours of employment, and other conditions of employment, and, if an understanding is reached, embody it in a signed agreement. The bargaining unit is: All news department employees, including news cameramen, news reporters, news writers and news editor, but excluding the newscaster , supervisors as defined in the Act, and all other employees. Dated By APPENDIX NOTICE TO ALL EMPLOYEES Pursuant to the Recommended Order of a Trial Examiner of the National Labor Relations Board and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify our employees that: WINNEBAGO TELEVISION CORP., D/B/A WIVO TELEVISION STATION (Employer) (Representative) (Title) This notice must remain posted for 60 consecutive days from the date of posting and must not be altered , defaced, or covered by any other material. If employees have any question concerning this notice or compliance with its provisions , they may communicate directly with the Board's Subregional Office, Fourth Floor Citizens Building , 225 Main Street, Peoria, Illinois 61602, Telephone 309-673-9061 , Extension 282.