American Broadcasting Co., 100 (1951)

Upon the basis of the foregoing findings of fact and upon the entire record ill the case, the undersigned makes the following:

CONCLUSIONS OF LAw 1. United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, United Electrical, Radio and Machine Workers of America, and Steel, Metal and Alloy Warehousemen and Handlers' Union, Local 785 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, affiliated with the American Federation of Labor, are labor organizations within the meaning of Section 2 (5) of the Act.

2. By contributing support and assistance to Steel, Metal and Alloy Warehousemen and Handlers' Union, Local 785 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (2) of the Act.

3. By discriminating in regard to the hire and tenure of employment of Charles Todd, thereby discouraging membership in a labor organization, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (3) of the Act.

4. By interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act.

5. The unfair labor practices aforesaid are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act.

   [Recommended Order omitted from publication in this volume.] AMERICAN BROADCASTING COMPANY (KGO-TV) and NATIONAL AssoCIATION OF BROADCAST ENGINEERS AND TECHNICIANS, SAN FRANCISCO CHAPTER, PETITIONER. Oa,9e No. 20-RC-1014. April 30, 1951

   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 Harry V. Bamford, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a threemember panel [Chairman Herzog and Members Murdock and Styles].

   i The Employer moved at the hearing to dismiss the petition on the ground that many of the employees in the proposed unit are supervisors. Inasmuch as the exclusion of those individuals found to be supervisors does not substantially affect the makeup of the unit requested, we find that the Employer's motion to dismiss is without merit.

   Accordingly, we deny the motion. Compare American Broadcasting Company, Inc.

   (ICECA-TV), 93 NLRB 1410. The supervisory status of the employees in disputeis discussed in paragraph 4, infra.

   94 NLRB No. 26.

   AMERICAN BROADCASTING COMPANY (KGO-TV) 101

   Upon the entire -record in this case, the Board finds : 2

1. The Employer is engaged in commerce within the -meaning of the Act.

2. The labor organization involved claims to represent certain employees of the'-Employer.

3. A question affecting-commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and -Section 2 (6) and (7).of the Act.

4. The Petitioner seeks a unit of all .employees in the Employer's program department at San Francisco, California, including all TV directors,, program assistants, the film.editor, the assistant-Alm editor, the art director, -the , assistant art directors, and the program coordinator, but excluding all clerical employees and supervisors as defined in -the Act. The 'Employer contends 'that its program department ,is divided •into•separate divisions and that all of the employees in the various divisions -should not the grouped into one bargaining unit.

   The Employer ,would,have'the Board establish a separate -unit for ,each of the following groups: (a) Program assistants,who aid in ,the direction. of:programs; (b) program assistants who act in tthe capacity of stagehands;, (c) program assistants.who help in the art department, constructing and- handling scenery; and (d) - film department employees and'the program 'coordinator. 'There is.no bargaining history with:respect-to the employees in- the-requested unit.

   The Employer's -television, operations,. including its , broadcasting studio, an auxiliary studio, -a control 'room,,,a; projection room, -and a ,number of divisional, offices,•:are all. located in one. building. Except for` the work in connection-.with remote, broadcasts and work, on the construction of sets -at another location,; substantially all, of the time of:the,. employees, included in-.theirequested unit is spent at the, TV station under the supervision of the progi;am manager.' The program manager, is iultimately responsible for ;all, television- programs broad- cast•by the Employer. =Under,the_program'•manager, inla liaison posi- tion, is-the .program 'coordinator, who, among other functions, sees 'to it that studios are available for -rehearsals and:auditions, that technical' equipment and - scenery ,is ;availablewhen it is, needed, that films are scheduled for broadcast at the proper times, -and that the traffic - department obtains ,dines'-for remote broadcasts. • In short,, as,, the ' Employer?s. engineering manager: • stated,- the program, coordinator's ,:department acts .'as a coord-inator;of-,a11the functions that go ,to make up the show.' zThe' Employer 's request•for••oral. argument, is denied as the parties ', briefs. and record In the case adequately present the positions of the . parties.

   ' S Although -the program manager is also nominally in. charge of all AM radio . programs he has turned over most of his duties in that -regard, to the assistant program -manager.

   The program manager therefore devotes almost all of his time to television programs.

   Each program is under the supervision of a TV director, herein referred to as a director, who is responsible for the proper production of the program. In carrying out his functions he is directly aided by a program assistant, two in the case of a live broadcast 4 The program assistants help...