R. C. A. Communications, Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1937

2 N.L.R.B. 1109 (N.L.R.B. 1937)

In the Matter of R. C. A. COMMUNICATIONS. INC. and AMERICAN
RADIO TELEGRAPHISTS' ASSOCIATION
Cases Nos. R-152 and R-153.-Decided June 30. 1937
Communications Industry-Election Ordcrcd • controversy concerning repre-
sentation of employees : refusal by employer to recognize union as exclusive
representative ; substantial doubt as to majority status ; request by substantial
number in appropriate unit-Unit Appropriate for Collective Bargaining: com-
munity of interest ; geographical differences ; history of collective bargaining
relations in industry and with employer ; eligibility for membership in only
organization among employees ; occupational differences ; organization of busi-
ness; wage differentials-Certification, of Representatives.
Mr. Lester M. Levin for the Board.
Mr. Frank W. Wozencraft, Mr. M. Davis, and Mi'. TV llsoi. Hurt,
of New York City, for the Company.
Mr. Hyman A. Sch-u ison, of counsel to the Board.
DECISION
STATEMENT OF CASE
On April 12, 1937, American Radio Telegraphists' Association,
herein called the A. R. T. A., filed two petitions with the Regional
Director of the National Labor Relations Board for the Second Re-
gion (New York, New York), alleging that questions affecting com-
merce had arisen concerning the representation of employees of the
R. C. A. Communications, Inc., herein called 'he Company, whose
principal office is located at 66 Broad Street, New York, New York.
One petition alleged that the employees classified as the "live traffic"
department, including receiving engineers, shift engineers, and all
other employees who are directly engaged in the operation of radio
equipment which receives or transmits radio signals at the Riverhead,
Long Island station of the Company constitute an appropriate unit,
and the other petition alleged that the employees classified as the
"live traffic" department, including radio engineers, office electricians,
live traffic clerks, and all other employees who are directly engaged in
the reception and transmission of "live traffic" at the principal office
of the Company constitute an appropriate unit. Both petitions re-
quested the National Labor Relations Board to conduct an investiga-
tion pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On May 1, 1937, the Board,,
.1109
1110 NATIONAL LABOR RELATIONS BOARD
acting pursuant to Section 9 (c) of the Act and Article III, Section
3 of National Labor Relations Board Rules and Regulations-Series 1,
as amended, authorized the Regional Director for the Second Region
to conduct an investigation and to provide for a hearing in connection
therewith. On May 18, 1937, the Regional Director issued a notice of
hearing to be held at New York City on May 27, 1937, copies of which
were duly served on the A. R. T. A. and the Company.
Pursuant to notice. a-hearing was held in New York City on May 27,
1937, before James C. Batten, the Trial Examiner duly designated
by the Board. All the parties served with notice were represented
and participated in the hearing. Full opportunity to be heard, to
'examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded to all'parties. The Board has reviewed
the rulings of the Trial Examiner at the hearing and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
The Company filed an answer to each petition admitting, that it is
engaged in interstate commerce and that the question concerning
representation is a question affecting commerce within the meaning
of the Act. The answer denied that the employees in the "live traffic"
department at its New York and Riverhead stations separately consti-
tute units appropriate for the purposes of collective bargaining, but
alleged that all of the employees of the Company in the United Stages
constitute such a unit. The answer further alleged that the Company
would not bargain with the A. R. T. A. unless an election under the
Board's direction determined that a majority of all the employees,
of the Company in the' United States designated the A. R. T: A.' as
their representative for the purposes of collective bargaining.
At the beginning of the hearing counsel for the parties stipulated
that the cases arising on both petitions should be consolidated, and
that the record at the hearing should be' considered by' the Board as
the record in both cases. The' parties further stipulated that the
question of the appropriate unit was the only issue in dispute. There-
after the Company filed a brief with the Board to which we have
given due consideration.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT '
I. THE COMPANY AND ITS ' BUSINESS
The R. C. A. Communications, Inc., is a Delaware corporation
engaged in the receipt and transmission by radio and telegraph of
national and international communications. The company is a
wholly-owned subsidiary of Radio Corporation of America. Its
principal office is in the City of New York and it has other offices in
DECISIONS 'AND ORDERS 1111
Boston, Massachusetts; Philadelphia, Pennsylvania; Baltimore,
Maryland; Washington, D. C.; Detroit, Michigan; Chicago, Illinois;
Seattle, Washington; New Orleans, Louisiana; San Francisco and
Los Angeles, California; and Honolulu. Territory of Hawaii. It has
receiving stations in Riverhead, Long Island; Koko Head, Hawaii;
and Point Reyes, California, and transmitting stations in Rocky
Point, New York; Tuckerton and New Brunswick, New Jersey;
Bolinas, California; Kakuku, Hawaii; Leroy. Indiana; Marion,
Massachusetts; Norco, Louisiana; and Tacoma, Washington. These
stations are definitely correlated with certain offices of'the Company,
as, for-instance, New 'York City uses as a receiving station Riverhead,
Long Island, and as transmitting stations Rocky Point, New York,
and Tuckerton and New Brunswick. New Jersey. 'In the course and
conduct of its business at these offices, the Company receives and trans-
mits radio and telegraph messages from and to states and territories
of the United States and foreign countries. Its business is thus that
of the continuous transmission of intelligence among the states of
the United States, its territories and foreign countries by means of a
highly developed and integrated communications system. The radio
and telegraph operators and other employees of the "live traffic"
department of the Company are engaged in the receipt and transmis-
sion of messages.
The vice president and general manager in charge of operations of
the Company is William A. Winterbottom, whose office, and that of
the president, David'Sarnof, are in New York City. The total num-
ber of employees of the Company throughout its entire system, in-
cluding the "live traffic" department, messengers, executives, junior
executives, research engineers, etc., is approximately 1,363. In New
York, the Company has 175 employees in the head and administra-
tive office; 455 in the ^"live traffic" department; 174 messengers; 81
employees in the Riverhead, Long Island, receiving station; 71 em-
ployees in the Rocky Point, New York, transmitting station; and 12
employees in the Tuckerton, New Jersey, transmitting station.
We find that R. C. A. Communications, Inc. is engaged in traffic,
commerce, and communication among the several States and between
the United States and foreign. countries, and that its employees in
the "live traffic" department are directly engaged in such traffic,
commerce, and communication.
II. THE UNION
The American Radio Telegraphists' Association-is a nation-wide
labor organization which numbers radio communications workers
among its members. It is affiliated with the Committee for Indus-
trial Organization. According to the constitution of the A. R. T. A.,
1112 NATIONAL LABOR RELATIONS BOARD
a radio communication worker is one who is directly engaged in
radio communications work, such as radio operators, radio transmit-
ters and receiving engineers, clerks who handle "live traffic", and
others who are associated with the handling of radio messages in
point-to-point radio stations. The A. R. T. A. has three divisions-
marine, broadcast and point-to-point airways. The employees of
the company enroll in the point-to-point airways division.
The A. R. T. A. has established 45 locals in the United States.
Local No. 10, New York City, includes radio communications work-
ers of the Company as well as such workers in all other communica-
tions companies operating in New York City such as, Globe Wireless
Company, Mackay Radio and Telegraph Company, and Commercial
Cables. The membership in Local No. 10 has been limited to the
so-called "live traffic" department, which is the production depart-
ment, or, as the Company calls it, the traffic department. The "live
traffic" department includes those workers who handle messages from
the time they are received by the Company until delivered, and those
workers who repair and maintain the; equipment; but does not in-
clude messengers. The "live traffic" employees as designated by the
A. R. T. A. are as follows: teletype and radio operators; mechani-
cians, R. Q. clerks, counter clerks, delivery clerks, routing clerks,
and telephone operators.
Local No. 11 of the A. R. T. A. is located at Riverhead, Long
Island, and includes all radio communications workers such as radio
engineers and repair and maintenance workers in the "live traffic"
department.
III. HISTORY OF THE ORGANIZATION OF THE COMPANY'S EMPLOYEES
In 1925 the Commercial Telegraphers Union of America, affiliated
with the American Federation of Labor, made an abortive attempt
to organize the "live traffic" employees of the Company. In Decem-
ber, 1933 the Broad Street radio operators of the Company formed
a small association. In 1934, H.-H. Edwards, an operating electri-
cian of the Company and a member of the association, represented
the association at the National Industrial Recovery Act hearings on
the radio communications industry in Washington.. In March, 1934,
this small association became known as the Association of R. C. A.
Communications Employees. The Association adopted a constitu-
tion and by-laws' and attempted to organize on a national basis in
four geographical districts-the eastern district with headquarters
in New York; the western district with headquarters in San Fran-
cisco; the midwest district with headquarters in Chicago; and the
' Board's Exhibit No. 9.
DECISIONS AND ORDERS 1113
southern district with headquarters in New Orleans. The Associa-
tion was first limited to the "live traffic" employees, but later a fur-
ther division was made of operating and technical employees and
clerical employees. The local chapter in New York and the national
organization of the Association attempted to bargain with the Coin-
pany on one or two occasions, but accomplished very little.
In 1935, the A. R. T. A. was organizing all radio communications
workers. In response to the A. R. T. A.'s membership campaign,
the members of the Association by an overwhelming vote decided to
join the A. R. T. A. in June, 1935.
IV. THE QUESTION OF REPRESENTATION AND ITS EFFECT ON COMMERCE
In its answer the Company admits that a question concerning the
representation of its employees has arisen and that such a question is
a question affecting commerce within the meaning of the Act.
At the hearing the A. R. T. A. claimed that it had a membership
of over 200 of the Company's 450 "live traffic" employees in the
New York plant, and that a majority of the "live traffic" employees
at the Riverhead, Long Island plant are members of the A. R. T. A.
Although the A. R. T. A. claims to represent a majority of the "live
traffic" employees in the New York plant, 11 branch offices in New
York, and in the Riverhead station, it does not claim to represent a
majority of the "live traffic" employees in the whole communications
system of the Company or of all the employees of the Company.
The record does not indicate the actual membership of the A. R. T. A.
among the "live traffic" employees of the Company. Both the A. R.
T. A. and the Company agree that an election by secret ballot is
necessary to resolve this controversy, but are not in agreement as
to what constitutes the appropriate unit for purposes of collective
bargaining.
The Company has refused to bargain with the -A. R. T. A. and to
recognize it as the representative of the "live traffic" employees in its
New York plant, -11 branch offices in New York, and Riverhead, Long
Island, station for purposes of collective bargaining because "it has
no information which would justify it in. reaching the conclusion
that a majority of its employees are members of, or wish to be repre-
sented in collective bargaining, by the Union".
We, therefore, find that a question has arisen concerning the repre-
sentation of the "live traffic" employees of the Company, and that
such question tends to lead to labor disputes burdening and obstruct-
ing commerce and the free flow of commerce. We further find that
this question can only be resolved by means of an election by secret
ballot. -
1114 NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
The Company contended at the hearing and in its brief that since
it is a communications company and necessarily a unified system, all
'of its employees in the whole system, with the, exception of persons
in supervisory capacities, constitute a unit appropriate for purposes
of collective bargaining; or if the employees in any department or
group of departments are to be separately represented, then the ..
employees in that department or departments throughout the entire
system should be found to be the appropriate unit. In support of its
contention, the Company argued : (1) If the proper unit were a
group in any particular plant of a unified, system, or were even a
whole plant in a unified system, the Board would be confronted with
thousands of election cases; (2) The Board has treated a unified
system as an indivisible entity in the New England Transportation
Co. and International Association of Machinists case; 2 (3) Division
of the employees into small artificial units would cause an unneces-
sary duplication of the work of the executives of the A. R. T. A. as
well as of the executives of the Company and would necessarily
result in jealousies and discord among the employees to the detri-
ment of the employees themselves and the Company.
On the other hand, the A. R. T. A. contended that all the em-
ployees, excepting messengers and those engaged in a clerical or super-
visory capacity, in the "live traffic" department of the 66 Broad Street,
New York office. of the Company, its 11 branch offices in New York
City, and the receiving station at Riverhead, Long Island constitute a
unit appropriate for purposes of collective bargaining.
The determination of the appropriate unit is governed by, an ap-
praisal and consideration of- the totality of the facts, circumstances
and setting of the particular case., The testimony discloses than the
Company considered and treated its "live traffic" employees as a homo-
geneous group and as a collective bargaining unit during the exist-
ence of the Association of the R. C. A. Communications Employees.
In the radio communications industry "live traffic" employees have
been regarded as a unit by two of the Company's competitors, the
Mackay Radio and Telegraph Company and the Globe Wireless
Company.
The "live traffic" employees are engaged in work of a highly skilled
nature and have qualifications and duties different from, those of the
office employees. Most of them have received a technical training of
a distinctive type which distinguishes them from the other workers
of the Company. They are allied by common problems of skill and
community of interest. They receive substantially higher wages than
21 N.L.R B.130.
DECISIONS AND ORDERS 1115
messengers, clerical, and 'other employees. They are hired by a sep-
arate personnel director. They work in three eight hour daily shifts
and rotate each week 'on different shifts. 'Other employees work regu-
lar office hours. They work in a separate department called 'the traffic
department and are segregated on the 'first four `floors o'f the Com-
pany's'ten floor 'building at 66 Broad Street.
In determining the appropriate unit we also take into consideration
the fact 'that the Company's 'employees in the "live traffic" depart-
' meat have t'rad'itionally organized along the lines proposed 'by the
A. R. T. A: The Association of R. `C. A. Communications Employees,
the first organization of the -employees of R. C. A., had four geo-
graphical districts described in Section III and two distinct divisions
in each district, the "live traffic" employees and the clerical' employees.
We also take into consideration the fact that the Company's 'em-
ployees in'the "live traffic" department in the metropolitan area have
shown a desire'for self organization by becoming members of Locals
No. 10 and No. 11 of the A. R. T. A. No other labor org'ani'zation is
trying to organize these employees.
In the absence of proof of a present desire on the part of the "live
traffic" employees of the Company employed in the metropolitan 'area
to be bracketed in,a single unit with all other employees of the Com-
pany in the whole communications system, we are of the opinion that
the policy of the Act would be best served in this case by not includ-
ing the employees in the other departments and in the other geo-
graphical districts of the 'Company in the appropriate unit. The
record does show that the ultimate goal of the A. R. T. A. is to organ-
ize all the employees of the Company throughout its whole communi-
cations system. The "live traffic" employees of the Company in the
metropolitan area should not be `denied the benefits of the Act until
all the 'employees of the Company throughout the country are
organized.
.Upon the basis of the above facts we find that a unit composed of
all the "live traffic" employees 'employed by the Company in the New
York metropolitan area, which includes the principal office at 66 Broad
Street and 11 branch offices in New York City, the receiving station
at Riverhead, Long Island, 'and the transmitting stations at New
Brunswick and Tuckerton, New Jersey, and Rocky Point, New York,
excepting messengers and those engaged in a clerical or supervisory
capacity, would insure to them the full benefit of their right to self-
organization and collective bargaining, and otherwise effectuate the
policies of the Act, and constitutes a unit appropriate for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment and other conditions of employment.
1116 NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
Upon the basis of the above findings of fact, the Board makes the
following conclusions of law :
1. All the "live traffic" employees employed by the Company in
the New York metropolitan area, including the principal 'office at
66 Broad Street- and 11 branches in New York City, the receiving
station at Riverhead, Long Island, and the transmitting stations at
New Brunswick and Tuckerton, New Jersey, and Rocky Point, New
York, excepting messengers and those engaged in a clerical and
supervisory capacity, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
2. A question affecting commerce has arisen concerning the repre-
sentation of the employees in the aforesaid unit, within the meaning
of Section 9 (c) and Section 2, subdivisions (6) and (7) of the
National Labor Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8 of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with the R. C. A.
Communications, Inc., an election by secret ballot shall be conducted
within 15 days from the date of this Direction, under the direction
and supervision- of the Regional Director for the Second Region,
acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9 of said Rules and Regu-
lations-Series 1, as amended, among 'all, the "live trafic" employees
employed on April 12, 1937, by the R. C. A. Communications, Inc.,
in the New York metropolitan district, including the principal office
at 66 Broad Street and 11 branch offices in New York City, the re-
ceiving station at Riverhead, Long Island, and the transmitting sta-
tions at New Brunswick and Tuckerton, New Jersey, and Rocky
Point, New York, excepting messengers, those engaged in a clerical
or supervisory capacity, and those who quit or have been discharged
for cause since April 12, 1937, to determine whether they desire to
DECISIONS AND ORDERS 1117
be represented by the American Radio Telegraphists' Association for
the purposes of collective bargaining.
[SAME TITLE]
AMENDED DECISION AND DIRECTION OF ELECTION
July 12, 1937
On June 30 , 1937 ' the Board directed that an election be conducted
within 15 days from said date among all the "live traffic " employees
employed on April 12 , 1937 by the R. C. A. Conununications, Inc.
in the New York metropolitan district , including the principal
office at 66 Broad Street and 11 branch offices in New York City,
the receiving station at Riverhead , Long Island, and the transmit-
ting stations at New Brunswick and Tuckerton, New Jersey, and
Rocky Point, New York, excepting messengers , those engaged in a
clerical and supervisory capacity , and those who quit or have been
discharged for cause since April 12, 1937 , to determine whether they
desire to be represented by the American Radio Telegraphists' Asso-
ciation, for the purposes of collective bargaining . Thereafter, the
Board was advised that the parties were in doubt as to whether
clerical employees in the "live traffic " department are included in
the definition of "live traffic" employees . To resolve the doubt there-
upon the A . R. T. A. and the Company stipulated in writing on
July 9, 1937 , that clerical employees employed in the "live traffic"
department should be included in the definition of "live traffic"
employees.
In view of this stipulation the Board hereby amends its Decision
in the above entitled case to make the finding of fact as to the appro-
priate unit read as follows :
Upon the basis of the above facts we find that a unit composed of
all the "live traffic " employees , including clerical employees in the
"live traffic" department , employed by the Company in the New
York metropolitan area, which includes the principal office at 66
Broad Street and 11 branch offices in New York City, the receiving
station at Riverhead , Long Island, and the transmitting stations at
New Brunswick and Tuckerton , New Jersey , and Rocky Point,
New York, excepting messengers and supervisory employees, would
insure to them the full benefit of their right to self-organization and
collective bargaining , and otherwise effectuate the policies of the
1118 NATIONAL LABOR RELATIONS BOARD
.Act,, and constitutes a unit appropriate for the purposes of collective
bargaining in respect to rates of pay, wages, hours of einployineiit
and other conditions of employment.
CONCLUSION OF LAw
On the basis of the foregoing finding of fact, the Board hereby
amends the first conclusion of law in its original Decision to read as
follows :
1. All the "live traffic" employees, including clerical employees in
the "live 'traffic" department, employed by the Company in the New
York metropolitan area, which includes the principal office at 66 Broad
Street and 11 branches in New York City, the receiving station at
Riverhead, Long Island, and the transmitting stations at New Bruns-
wick and Tuckerton, New Jersey, and Rocky Point, New York, except-
ing messengers and supervisory employees, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of'Section 9 (b) of the National Labor Relations Act.
AMENDED DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, and pursuant to Article III, Section 8 of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
the Direction of Election issued on June 30, 1937, is -amended to
read as follows :
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with the R. C. A.
Communications, Inc., an election by secret ballot shall be conducted
within 25 days from the date of the original Direction, under the
direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9 of said Rules .and
Regulations-Series 1, as amended, among all the "live traffic" em-
ployees, including clerical employees in the "live traffic" department,
employed on April 12, 1937, by the R. C. A. Communications, Inc., in
the New York metropolitan district, including the principal office at
66 Broad Street and 11 branch offices in New York City, the receiving
station at Riverhead, Lou- Island, and the transmitting stations at
New Brunswick and Tuckerton, New Jersey, and Rocky Point, New
York, excepting messengers and supervisory employees, and those
who quit or have been discharged for causes since April 12, 1937, to
determine whether they desire to be represented by the American
DECISIONS AND ORDERS 1119
Radio Telegraphists ' Association for the purposes of collective
bargaining. - I
1SAME TITLE]
AMENDMENT OF DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 30, 1937
On April 12, 1937, American Radio Telegraphists' Association,
herein called the A. R. T. A., filed two petitions with the Regional
Director of the National Labor Relations Board for the Second
Region (New York, New York), alleging that questions affecting
commerce had arisen concerning the representation of employees of
the R. C. A. Communications, Inc., herein called the Company, whose
principal office is located at 66 Broad Street ; New York, New York.
One petition alleged that the employees classified as the "live traffic"'
department, including receiving engineers, shift engineers, and all
other employees who are directly engaged in the operation of radio.
equipment which receives or transmits radio signals at the Riverhead,
Long Island, station of the Company constitute an appropriate unit,
and the other petition alleged That the employees classified' as the
"live traffic" department , including radio engineers , office electricians,
live traffic clerks, and all other employees who are directly engaged in
the reception and transmission ,of "live traffic " at the principal office
of the Company constitute an appropriate unit. Both petitions
requested the National Labor Relations Board to conduct an investi-
gation pursuant to Section 9 (c) of the National Labor Relations.
Act, 49 Stat. 449, herein called the Act. On May 1, 1937, the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section 3
of National Labor Relations Board Rules and Regulations-Series 1,
as amended , authorized the Regional Director for the Second Region
to conduct an investigation and-to provide for a hearing in connection
therewith. On May 18, 1937, the Regional Director issued a notice
of hearing to be held at New York City on May 27, 1937, copies of
which were duly seried on the A. R. T. A. and the Company.
Pursuant to notice, a hearing was held in New York City on May
27, 1937, before James C. Batten, the Trial Examiner duly designated
by the Board. All the parties served with notice were represented
and participated in the hearing.
On June 30 , 1937 , the Board issued a Decision in which it found
that a question affecting commerce had arisen concerning the repre-
sentation of all the "live traffic" employees employed by the Company
1120 _NATIONAL LABOR RELATIONS $OARD
in the New York metropolitan area, including the principal office at
66 Broad Street and 11 branches in New York City, the receiving
station at Riverhead, Long Island, and the transmitting stations at
New Brunswick and Tuckerton, New Jersey, and Rocky Point, New
York, excepting messengers and those engaged in a clerical and super-
visory capacity, and that such employees constituted a unit appro-
priate for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment. In its Decision the Board directed that an election be held
among such employees to determine whether they desired to be
represented by the A. R. T. A. ,for the -purposes of collective
bargaining.
. On July 10, 1937, the Board was advised that the parties were in
doubt as to whether clerical employees in the "live traffic" department
were included in the definition of "live traffic" employees, and that
to resolve the doubt, the A. R. T. A. and the Company had stipulated
in writing on July 9, 1937, that clerical employees employed in the
"live traffic" department should be included in the definition of "live,
traffic" employees. The Board, in accordance with the stipulation,
issued an, Amended Decision and Direction of Election including,
clerical employees employed in the "live traffic" department in the
appropriate unit.
,Pursuant to the Board's Amended Decision and Direction of Elec-
tion, an election by secret ballot was conducted on July 10, 1937, by
the Regional Director for the Second Region among the employees
of the Company constituting the bargaining unit found ,appropriate
by the Board. On July 16, 1937, the Regional Director issued and
duly served upon the parties to the proceeding an Intermediate
Report on the ballot. No exceptions to the Intermediate Report have
been filed by any of the parties.
As to the results of the secret ballot the Regional Director reported :
Total number of employees eligible to vote_______________________ 496
Total number of ballots cast_____________________________________ 461
Total number of ballots for the A. R. T. A________________________ 335
Total number of ballots against the A. R. T. A___________________ 121
Total number of blank ballots ____________________________________ 3
Total number of void ballots_____________________________________ 0
Total number of challenged ballots______________________________ 2
American Radio Telegraphists' Association, having been selected
by a majority of the "live traffic" employees, including clerical
employees in the "live traffic" department, employed by the Company
in the New York metropolitan area, which includes the principal
office at 66 Broad Street and 11 branches in New York City, the
receiving station at Riverhead, Long Island, and the transmitting
DECISIONS AND ORDERS 1121
stations at New Brunswick and Tuckerton, New Jersey, and Rocky
Point, New York, excepting messengers and supervisory employees,
as their representative for the purposes of collective bargaining, is,
by virtue of Section 9 (a) of the Act, the exclusive representative
for the purposes of collective bargaining of all such employees, and
we will so certify it.
CERTIFICATION OF REPRESENTATIVES
Now, THEREFORE ,.'b'y virtue and pursuant t0 the power vested in the
National Labor Relations Board by Section 9 (c) of the National
Labor Relations Act, and pursuant to Article III, Section 8 of the
National Labor Relations Board Rules and Regulations-Series 1, as
amended ;
IT IS HEREBY CERTIFIED that American Radio Telegraphists' Asso-
ciation has been selected by the majority of the "live traffic" em-
ployees, including clerical employees in the "live traffic" department,
employed by the Company in the New York metropolitan area, which
includes the principal office at 66 Broad Street and 11 branches in
New York City, the receiving station at Riverhead, Long Island, and
the transmitting stations at New Brunswick and Tuckerton, New
Jersey, and Rocky Point, New York, excepting messengers and super-
visory employees, as their representative for the purposes of collective
bargaining , and that pursuant to Section 9 (a) of the National Labor
Relations Act, American Radio Telegraphists' Association is the
'exclusive representative of all such employees of the R. C. A: Com-
munications, Inc., for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and-other conditions of
employment.
AMENDMENT OF DECISION
On July 10, 1937, the Company filed a motion to amend the Board's
decision reciting that the following statements in the decision were
erroneous:
"The answer further alleged that the Company would not
bargain with the A. R. T. A. unless an election under the Board's
direction determined that a majority of all the employees of the
Company in the United States designated the A. R. T. A. as
their representative for the purposes of collective bargaining.
"The Company has refused to bargain with the A. R. T. A.
and to recognize it as the representative of the `live traffic' em-
ployees in its -New York plant, 11 branch offices in New York,
and Riverhead, Long Island, station for purposes of collective
bargaining because `it has no information which would justify
1122 _-NNATIONAL LABOR RELATIOIS BOARD
it in reaching the conclusion that a majority of its employees
are members of, or wish to be represented in collective bargain-
ing by the Union."'
The Company contends that the language of the Decision quoted
above is detrimental to the Company and puts it in the false position
of having refused to negotiate or bargain with the A. R. T. A.
The record discloses that the Company at all times has been ready
and willing to bargain with the A. R. T. A. as the representative of
its members, but has refused to bargain with the A. R. T. A. as the
exclusive representative of all, its "live traffic" employees in the metro-
politan area. Consequently, the Board hereby amends, its, Deci-
sion in the above entitled cases to make the language of the decision
quoted above read as follows :
"The answer further alleged that the Company, at,-all times
has been ready to meet and to, bargain with the A. R. T. A. as
the representative of ,its members, but that it was not willing to
bargain with the A. R. T. A. as the representative of all its
employees because the Company had no information which would
justify it in reaching the conclusion that a majority of its em-
ployees were members of, or wished to be represented in collec-
tive bargaining by, the A. R. T. A. The answer further, alleged,,
that the.Company would not bargain with the A. R. T. A. as the
representative of all its employees unless an election under the
Board's direction had first been held to determine that a majority
of all the employees of the Company in the United States desig-
nated the A. R. T. A. as their representative for. the purpose of
collective bargaining.
"The Company has been willing to bargain with the A. R. T. A.
and to recognize it as the representatiics of its members, but
the Company has refused to bargain with the A. R. T. A. as the
sole and exclusive representative of the `live traffic' employees
in its New York plant, 11 branch 'offices in New York City, and-
the receiving station at Riverhead, Long Island, for purposes of
collective bargaining, because `it has no information which would
justify it in reaching the conclusion that a majority of its
employees are members of, or wish to be 'represented by, the
Union.' "
CHAIRMAN MADDEN took no part in the consideration of the above
Amendment of Decision and Certification of Representatives.
I