Mandan Radio Association, Inc.

In the Matter of MANDAN RADIO ASSOCIATION, INC. and INTERNA- TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-975 (A. F. of L.) Case No. C-1347-Decided May 7, 1940 Radio Broadcasting Industry-Settlement : stipulation providing for com- pliance with the Act, including back pay in specified amount as to one person- Order: entered on stipulation. Mr Lee Loevinger and Mr. W. P. Monson, for the Board. Sullivan,, Fleck ct Sullivan, by Mr. Johm, F. Sullivan, of Mandan, N. Dak., for the respondent. Mr. J. Harris Igou, of Austin, Minn., for the Union. Mr. J. H. Krug, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by, International Brotherhood of Electrical Workers, Local B-975, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighteenth Region (Minneapolis, Minnesota), issued its complaint, dated May 2, 1939, against Mandan Radio Association, Inc., Mandan, North Dakota, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and accompanying notices of hearing were duly served upon the respondent and upon the Union. As to the unfair labor practices, the complaint alleged in substance (1) that on or about March 20, 1939, the respondent discharged Paul N. Edwards 1 and at all times since failed or refused to reinstate him, 1 Referred to in the complaint as "Paul Edwards" 23 N L R. B, No. 54. 643 644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD because he joined and assisted the Union and engaged in concerted activities with other employees for the purposes of collective bar- gaining and other mutual aid and protection ; (2) that the respondent advised, urged, threatened, and warned its employees to refrain from becoming or remaining members of the Union ; and (3 ) that by such acts, and other acts, the respondent interfered with, restrained, and coerced its employees in the exercise of the rights granted to them in Section 7 of the Act. Thereafter the respondent filed an answer in which it admitted certain allegations of the complaint with respect to its business and the operation of its radio -broadcasting station, denied that it had engaged in the alleged unfair labor practices, and averred that Ed- wards had quit his employment immediately upon receiving notice from the respondent's vice president and general manager that his services would be terminated on April 1, 1939. Pursuant to the notice of hearing, a hearing was held at Mandan, North Dakota, on May 18 and 19, 1939, before Charles E. Persons, the Trial Examiner duly designated by the Board. The Board and the respondent were represented by counsel and the Union by an official of International Brotherhood of Electrical Workers, herein called the I. B. E. W . The Board and the respondent participated in the hearing. Full opportunity to be heard , to examine and cross- examine witnesses , and to introduce evidence bearing on the issues was afforded all parties. On August 28, 1939, the Trial Examiner filed his Intermediate Report, copies of which were duly served on the respondent and the Union, in which he found that the respondent had engaged in unfair labor practices, within the meaning of Section 8 (1) and (3) of the Act. He recommended that the respondent cease and desist from its unfair labor practices ; that it make Edwards whole for any loss of pay he may have suffered by reason of the respondent 's discrimina- tion, and offer him reinstatement to his former position without prejudice to his seniority and other rights and privileges ; and that it take certain other affirmative action designed to effectuate the policies of the Act. On September 18, 1939, the respondent filed exceptions to the In- termediate Report. On October 18, 1939, pursuant to Dermission granted by the Board , the respondent filed a brief in support of its exceptions. None of the parties requested oral argument before the Board. On April 20, 1940, the respondent , the Union, and counsel for the Board entered into the following stipulation, subject to the approval of the Board, in settlement of the case : IT IS HEREBY STIPULATED AND AGREED, by and between , Mandan Radio Association, Inc., respondent herein; International Broth- MANDAN RADIO ASSOCIATION, INC., 645 erhood of Electrical Workers, Local B-975 (A. F. L.) charging party herein; and Weldon P. Monson, Attorney for the National Labor Relations Board, that: 1. Upon charges filed by the International Brotherhood of Electrical Workers, Local B-975 (A. F. of L.) sometimes here- inafter referred to as the Union, the National Labor Relations Board, by the Regional Director for the Eighteenth Region, act- ,^.ing,.pursuant to authority granted in Section 10 (b) of the Na- tional Labor Relations Act, 49 Stat. 449, and its Rules and Regulations, Series I, as amended, Article IV; Section I, issued its complaint on the 2nd day of May, 1939, against the Mandan Radio Association, Inc. II. On or about August 23rd, 1939, Charles E. Persons, Trial Examiner, designated to conduct a hearing in the above case, duly rendered his Intermediate Report after a hearing in which all parties were represented and afforded an opportunity to fully participate and to be heard in the proceeding. Copies of said Intermediate Report were duly served upon all parties to said proceeding. On or about September 13th, 1939, the Respondent, Mandan Radio Association, Inc., filed Exceptions to said Intermediate Report,' and later its Brief in support thereof, which it hereby withdraws and stipulates further that the record may be closed for the purpose of effectuating the terms of this Stipulation. III. Respondent, Mandan Radio Association, Inc., is and has been for a long period of time a North Dakota corporation and operates a radio station, known by the call letters KGCU. The principal office of the respondent is at Mandan, with the radio station located three miles east of that City. The respondent also maintains a studio in Bismarck, North Dakota. There are no subsidiary or affiliated organizations. The respondent is duly licensed by the Federal Communications Commission. The license was last renewed on March 6th, 1939. In experimental broadcast, the station was heard in the neighboring states of South Dakota and Montana, and in Canada. It has an effective radius for program broadcasts at 125 miles. During 1938 and the first four months of 1939, the station purchased approxi- mately $2,350.00 worth of equipment and apparatus, 75 per cent of which were purchased outside of North Dakota. The station was operated on an average of 350 hours monthly. Forty-five per cent of this time was used in the transcription of records derived from the library of one C. P. McGregor, which is located in California. The news broadcasts of the station, which cover an average of twelve hours monthly, are derived from two sources : The Trans-Radio News and the Associated Press. The 283034-41-vol 23-42 646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD latter, comes through, a • local paper and radio association. In both cases the source of this service is outside of North Dakota. The respondent, Mandan Radio Association, Inc., is engaged in interstate commerce within the meaning of the National Labor Relations Act. IV. The International Brotherhood of Electrical Workers, Local B-975 (A. F. of L.) is a labor organization admitting to its membership all production and maintenance employees of the respondent, but excluding supervisory employees. V. Upon this Stipulation, if approved by the National Labor Relations Board, and all the proceedings heretofore had in this matter, and on the record in this case , and the pleadings, an Order may -forthwith be entered by said Board providing as follows : ORnrR The Respondent , Mandan Radio Association , Inc., and its offi- cers, agents , successors and assigns, shall: .1. Cease and desist from : (a) Discouraging membership in the labor organization known as the International Brotherhood of Electrical Workers, Local B-975 (A. F. of L.) or any other labor organization of its em- ployees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire or tenure of employment or any term or condition of their employment because of their membership in, activity in behalf of, or sympathy toward any such labor organization : (b) In any other manner interfering with, restraining or coercing its employees in the exercise of the right of self- organization to form, join or assist labor organizations ; to bar- gain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining, or other mutual aid or protection, as guaranteed under Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Make whole Paul N. Edwards for any loss of pay he may have suffered by reason of the respondent 's discharge by payment to him immediately of the sum of Three Hundred Dollars ($300.00 ) which sum is in full satisfaction and settlement of the amount he would have earned but for his discharge, from the date thereof until the present date, less net earnings elsewhere. (b) Post immediately in conspicuous places at its office in Mandan, and in Bismarck, and at the KGCU Radio Station, 'MANDAN RADIO ASSOCIATION, INC. 647 and maintain for a period of at least sixty (60 ,) ,consecutive-,days, notices to its employees, stating that respondent will cease and desist in the manner set forth above in 1 (a) and (b) and will take the affirmative action set forth in 2 (a) of this Order. (c) File with the Regional Director of the Eighteenth Region, within ten- (10) days from the date of the entry of this Order, a report in.writing, setting forth in detail the manner and form in which it has complied with the foregoing requirements. VI. It is STIPULATED AND AGREED that the United States Cir- cuit Court of Appeals for the Eighth Circuit, may, upon appli- cation of the National Labor Relations Board, enter a decree, enforcing the aforesaid Order of the Board, respondent expressly waiving its right to contest the entry of such, decree in said Circuit Court of Appeals, and further, respondent does hereby expressly waive the right to receive notice of the filing by the National Labor Relations Board of an application for the entry of such a decree. VII. It is FURTHER,UNDERSTOOD AND AGREED that this Stipu- lation embodies the entire agreement between the parties and that there is no verbal agreement of any kind which varies, alters or adds to this Stipulation. VIII. It is FURTHER UNDERSTOOD AND AGREED that this Stipu- lation shall not become effective until approved by the National Labor Relations Board, and that it shall become effective and binding immediately upon such approval. On April 24, 1940, the Board issued an order approving the fore- going stipulation and making it a part of the record. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Mandan Radio Association, Inc., a North Dakota corporation with .its principal office at Mandan, North Dakota, owns and operates, under license issued by the Federal Communications Association, a radio broadcasting station located three miles east of Mandan and known by the call letters KGCU. The respondent's radio station has an effective radius for program broadcasts of. approximately 125 miles; experimental broadcasts have been heard in South Dakota, Montana, and Canada. The station operates approximately 350 hours per month, about 45 per cent of this time being devoted to the playing of electrical transcriptions of records obtained from a library located in California. News broadcasts which 648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD average 12 hours a month, are derived from short-wave Trans-Radio News, originating outside of North Dakota, and through a local paper and radio association, this service also having its source outside of North Dakota. During 1938 and the first 4 months of 1939 the respondent purchased equipment amounting to approximately $2350, approximately 75 per cent of which was purchased outside of North Dakota. We find that the respondent is engaged in trade, traffic, and com- merce among the several States, and that the activities of the respond- ent alleged in the complaint, occurring in connection with the operations of the respondent described above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and ob- structing commerce and the free flow of commerce. H. THE ORGANIZATION INVOLVED International Brotherhood of Electrical Workers, Local B-975, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the respondent, excluding supervisory employees. ORDER Upon the basis of the above findings of fact, the above stipulation, and the entire record, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Mandan Radio Association, Inc., Mandan, North Dakota, its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) Discouraging membership in the International Brotherhood of Electrical Workers, Local B-975, affiliated with the American Federa- tion of Labor, or in any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire or tenure of em- ployment or any term or condition of their employment because of their membership in, activity in behalf of, or sympathy toward any such labor organization; (b) In any other manner interfering with, restraining, or coercing its employees in the exercise of the right of self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining, or other mutual aid or protection, as guaranteed under Section 7 of the National Labor Relations Act. MANDAN RADIO ASSOCIATION, INC. 649 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Make whole Paul N. Edwards for any loss of pay he may have suffered by reason of his discharge by payment to him immediately of the sum of Three Hundred Dollars ($300.00) which sum is in full satisfaction and settlement of the amount he would have earned but for his discharge, from the date thereof until the present date, less net earnings elsewhere; (b) Post immediately in conspicuous places at its office in Mandan, and in Bismarck, and at the KGCU Radio Station, and maintain for a period of at least sixty (60) consecutive days, notices to its employees, stating that respondent will cease and desist in the manner set forth above in 1 (a) and (b) and will take the affirmative action set forth in 2 (a) of this Order; (c) File with the Regional Director of the Eighteenth Region, with- in ten (10) days from the date of the entry of this Order, a report in writing, setting forth in detail the manner and form in which it has complied with the foregoing requirements.