Post-Newsweek Stations of Florida, Inc.

14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Post-Newsweek Stations of Florida , Inc., Station WPLG-TV and Directors Guild of America, Inc., Petitioner. Case 12-RC-4570 March 20, 1975 DECISION ON REVIEW AND DIRECTION OF ELECTION By MEMBERS FANNING, JENKINS, AND PENELLO On June 5, 1974, the Regional Director for Region 12 issued a Decision and Order in the above-entitled proceeding, in which he dismissed the petition on the basis of his finding that the Employer's producer/di- rectors, all but one of the individuals currently em- ployed in the unit requested by the Petitioner, are supervisors. Thereafter, in accordance with the Na- tional Labor Relations Board Rules and Regulations, as amended, the Petitioner filed a timely request for review of the Regional Director's decision on the ground that it should be reviewed in conjunction with two other cases' then pending, raising similar' issues. The Petitioner thereafter filed a timely supplement to its request for review, in which it urged as a further ground that the Regional Director, in making the aforementioned determination, departed from prece- dent. The Employer filed opposition to the request for review. On September 23, 1974, the National Labor Rela- tions Board, by telegraphic order, granted the Peti- tioner's request for review. Both parties filed briefs on review. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has considered the entire record in this case with respect to the issues under review, including the briefs on review, and concludes that a question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Sections 9(c)(1) and 2(6) and (7) of the Act, for the following reasons: Except as noted below, we conclude that the factual findings of the Regional Director' are substantially supported by the record, and as they are similar in all material respects to those in Westinghouse, supra, per- taining to the supervisory status of the producer/direc- tors at WBZ-TV and WJZ-TV, we conclude, for the i - Westinghouse Broadcasting Company, Inc. (WBZ-TV), Case 1-RC-13147, and Westinghouse Broadcasting Co., Inc. (WJZ-TV), Case 5-RC-8865 The cases were consolidated for decision in 215 NLRB No 26, issued November 26, 1974. 2 As excerpted in relevant part from his Decision and Order and attached hereto marked "Appendix." reasons expressed in that decision, that the Employer's producer/directors are not supervisors as defined in the Act.' With respect to,the Employer's alternative conten- tion that its producer/directors are managerial em- ployees, we again note a basic similarity to the facts of the Westinghouse cases. Thus, here as in those cases, certain producer/directors may be members of the sta- tion's community ascertainment cabinet, may have lim- ited censorship responsibilities, provide input into pro- gram planning and development, discuss production problems and policies in meetings with supervisory per- sonnel, and are responsible for seeing that program- ming comports not only with internal station policy, but with such externally imposed criteria as the equal time and fairness doctrines and the rules regarding dramatizations. Clearly, the producer/directors bear the responsibility for the "look" of the station's pro- gramming. However, it does not appear that a produ- cer/director could initiate a major policy or program- ming change, nor authorize the expenditure of new funds, without prior approval. His range of discretion is limited in all significant respects by station policy, external regulations, current production practices, and the necessity of obtaining approval, prior to-initiation and substantial alteration in the station's program- ming. Thus, we conclude that the Employer's produ- cer/directors are not managerial employees. The Regional Director found it unnecessary to re- solve the Employer's contention that the assistant di- rector in the news department, the sole remaining em- ployee in the unit requested by the Petitioner, - is supervisory and/or managerial. This employee works in conjunction with the producer/director regularly as- signed to direct the station's news broadcasts. Her du- ties consist, inter alia, of keeping the producer/director apprised of timing during the broadcast, and obtaining the graphic materials and films needed for the program. We find no record evidence to support the contention that she possesses or exercises any indicia of supervi- sory or managerial authority. In view of the foregoing) we shall direct an election in a unit of the Employer's producer/directors and assistant directors at its Miami, Florida, television sta- 3 Contrary to the Regional Director, we are not persuaded on the record as a whole that the producer/directors are responsible for programming "from planning to airing " Programming at WPLG is essentially a collabora- tive effort, and while a producer / director may have considerable input into such effort his role is far short of exclusive control Although Producer/Di- rector Leverenz has considerable freedom of action with regard to his pro- gram "Arthur and Company," in his case, as in all others, content is subject to budgetary constraints as well as the necessity to meet the requirements of internal station policy and external regulations Likewise , we find no evidence that the producer/director exercise final authority with respect to talent selection, program format, set alterations, inclusion of new programs or specials in the broadcast schedule , or the scheduling of existing program- ming. The range of their responsibility is circumscribed as in the cases involving their counterparts of WBZ-TV and WJZ-TV. 217 NLRB No. 17 POST-NEWSWEEK STATION WPLG-TV tion, which, we find to be appropriate for the purposes of collective bargaining within the meaning of Section 9(c) of the Act. [Direction of Election and Excelsior footnote omit- ted from publication.] APPENDIX Station WPLG-TV is under overall direction of a General Manager and Deputy General Manager. The General Manager is consulted in all instances of hiring and firing. The-Programming Department is under the general supervision of a Program Director. Within the Programming department, there is an Executive Pro- ducer, Public Affairs Director, Film Director, Art Di- rector, Producers and Associate Producers, the five Producer/Directors whose status is in issue herein, floormen, announcers and show talent. (Certain of the above-named individuals have cross responsibilities in production also.) Within the Programming Depart- ment there is essentially a production sub-department pertinently composed of production technicians under supervision of a Production Manager , Chief Engineer and an Assistant Chief Engineer . The Program Direc- tor and the Production Manager each in consultation with the General Manager, have authority to hire and fire employees . The Production Manager is essentially responsible for the schedule of video tape time and personnel, including the Producer/Directors. How- ever, the performance of the Producer/Directors is evaluated by the Executive Producer, which is accom- plished in the main by post critique of the aired pro- gram. The Production Department technicians are composed of audio men, video men, projectionists, videotape men, and cameramen , all of whom are repre- sented by another union, are covered by a collective bargaining agreement which establishes their rates of pay. Employer also has a separate News Department under the supervision of a News Director, Assistant News-Director and a Managing Editor . An Assistant Director is employed in this department and assists a producer/director assigned to news programs. The Producer/Directors are themselves carried on exempt salary payroll , do not receive overtime, and enjoy benefits which are different .from production em- ployees. The Executive Producer receives a higher sal- ary than the highest paid Producer/Director, but the Production Manager receives a salary which is compa- rable. There are several News Producers, only one of whom receives a salary greater than the Producer/Di- rector regularly assigned to direct live news programs. In general, the function of a producer is to develop a program concept frequently within budgetary limita- tions. The function of a director is to execute the result- ing program whether it be a live, or live on tape show, 15 or news program. More specifically, the job of Produ- cer/Director upon assignment then is a combined task of development, production and direction of station (regular or special) programs, in house commercials and promotional announcements (promos). All the Producer/Directors have director and producer or consulting producer duties in varying degrees and/or upon special assignment. A Producer/Director has a crew assigned to him, usually composed of an audio man, video man, projectionist, video tape man, 2-3 camera men and a 2 -man floor crew. The record reveals that the Producer/Directors do not in their own right have authority to hire, fire, suspend, independently transfer employees between production crews, lay off, recall, promote or independently reward or discipline or adjust, the grievances of these employees. Producer/Directors are responsible for set creation and placement and any required rehearsals , arrange- ment of lights, cameras, microphones selection and ed- iting of film and timing. Prior to a show, Producer/Di- rectors will meet with the crew and instruct them as to how the show is to be done. At show time, the Director directs: Camera men as to the type of shots they are to take; audio man as to timing, source and intensity, of sound; video man as to required quality of the picture and when occasion requires , advises the video man -of lighting difficulties coming up on the programs. The Director controls film and slides after put up by the projectionist; and similarly controls the video tapes when set up by the video tape man . Floor men set up the studio set and lighting prior to the show, and at show time the floor men run teleprompters and trans- mit cues to the talent, etc., on the set upon direction from the director in the control room . Producer/Direc- tors have monitors of each source for broadcast con- trolled by multiple input switches and also have availa- ble digital read-out clocks for timing of programs to the second. The Director also directs the given program's talent, announcers and/or newsmen. While the show is on the air, they are in complete charge. While Directors have not independently transferred employees between crews, they can assign employees with certain parame- ters; e.g., within the crew, and have made requests on the scheduling and assignment of individuals which have effectively influenced employees'placements. Dur- ing air time, they have authority to require unnecessary individuals to leave the studio. During Monday through Friday, the technician crews report to the Producer/Directors for about 75 percent of their work- ing time. Producer/Directors submit discrepancy re- ports reporting any deviation from the scheduled pro- gram. They regularly submit Director's reports to the Executive Producer and Production Manager which relate to performance of the crew, general problems of crew and equipment. They have authority to commend 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD an employee to superiors for a job well done or report a poor performance to their superiors for further ac- tion. Such reports have resulted in official commenda- tion or corrective consultation by superiors. When act- ing as a Producer/Director, they are responsible for the full show from planning to airing, and as a Director in any event are responsible for coordination of the work product of all the other people involved in the show. They attend regular weekly meetings with the executive Producer, which are frequently attended by the Pro- duction Manager, and in which they discuss mutual operational problems. Though on a,limited basis, one or more have also attended high management meetings or seminars. Producer/Directors have authority on their own initiative to keep floor men and announcers, and pro- duction crews on overtime if required to finish a pro- gram. While there is some record evidence, some Di- rectors may not have been aware they had such authority, the record is clear this authority has recently been clarified to them, and the production crews simi- larly informed of the authority of Producer/Directors over them.- On weekends certain Producer/Directors are the only representatives of management at the sta- tion. The Producer/Directors are responsible for familiarity with principles of Fairness and Equal Time Doctrines, and have certain responsibilities with regard to required identification of telecast dramatizations.