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Westinghouse Broadcasting Co. v. National Labor Relations Board

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


October 9, 1974

WESTINGHOUSE BROADCASTING COMPANY, INCORPORATED, KYW-TV, PETITIONER,
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT, AND DIRECTORS GUILD OF AMERICA, INCORPORATED, INTERVENOR.

Westinghouse petitions for review of a determination by the National Labor Relations Board that it violated ยงยง 8(a)(1) and 8(a)(5) of the National Labor Relations Act by refusing to bargain collectively with the Directors Guild of America, the elected bargaining representative of "producer-directors" at Westinghouse station KYW-TV in Philadelphia, Pennsylvania. The Board cross-petitions for enforcement of its order. Petition for review dismissed. Cross-petition for order of enforcement granted.

Before: KAUFMAN, Chief Judge,

SMITH and TIMBERS, Circuit Judges.

Per Curiam:

Westinghouse petitions for review of a determination by the National Labor Relations Board that it committed an unfair labor practice by refusing to bargain collectively with the Directors Guild of America, the elected bargaining representative of the "producer-directors" at Westinghouse station KYW-TV in Philadelphia. The Board cross-petitions for an order of enforcement.

The only question presented for review is whether the producer-directors are excluded from the protection of the Act as "supervisors" or "managerial employees." We find that the Board's determination is supported by substantial evidence on the record as a whole. For reasons stated in the opinion of the Regional Director, Case No. 4-RC-10351 (July 23, 1973), it is evident that the employees in question are not "supervisors." See Post-Newsweek Stations, 203 N.L.R.B. No. 91, 83 LRRM 1081 (1973). Nor is there any ground to question the Regional Director's finding that the producer-directors lack the discretion and responsibility required to mark them as "managerial employees." Bell Aerospace Co. v. NLRB, 475 F.2d 485 (2d Cir. 1973), aff'd in relevant part, 41 U.S.L.W. 4564 (U.S. April 23, 1974).

Petition for review dismissed. Cross-petition for order of enforcement granted.

19741009

© 1998 VersusLaw Inc.



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