Southwestern Michigan Broadcasting Co.

National Labor Relations Board - Board Decisions

Apr 26, 1951

94 N.L.R.B. 30 (N.L.R.B. 1951)

30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is handled at each plant by the plant superintendent. Practically all
employees are hired at each plant as common laborers at the same
minimum rate of pay, and those more adept are trained at the plant
for semiskilled and skilled plant jobs. Skills at the lumber plant and
sawmill are comparable. Different skills are required at the furni-
ture plant. There is little employee contact between the sawmill and
the other two plants and employees are not interchangeable. Under
these circumstances, we find that employees at the lumber plant, the
furniture plant, and the sawmill, respectively, constitute separate
appropriate bargaining units.2 In view of the fact that the Petitioner
has not made an adequate showing of representation as to employees
of the lumber plant, however, we shall make no formal unit finding
as to these employees and shall not direct an election among them at
this time.3
The following employees of the Employer constitute separate units
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b .) of the Act :
(1) All employees at the Employer's furniture plant, known as
Schoolfield Industries, Division of Mullins Lumber Company, Mul-
lins, South Carolina, excluding office clerical employees, watchmen,
and supervisors, as defined in the Act.
(2) All employees of the Employer's sawmill at Hasty Point, South
Carolina, excluding office clerical employees, watchmen, and super-
visors, as defined in the Act.
[Text of Direction of Elections omitted from publication in this
volume.]
2 Burrus Timber Products , Inc., 87 NLRB 1561 ; Seaboard Packing Company , 91 NLRB
S61 , Booth Fisheries Corporation , 91 NLRB' 363
8 Chase Aircraft Company, Inc ., 91 NLRB 288.
HAROLD F. GROSS D/B/A SOUTHWESTERN MICHIGAN BROADCASTING
COMPANY and DETROIT CHAPTER, NATIONAL ASSOCIATION OF BROAD-
CAST ENGINEERS AND TECHNICIANS ( INDEPENDENT ), PETITIONE11.
Case No. 7-RC-1097. April 26,1951
Supplemental Decision and Certification of Representatives
Pursuant to a Decision and Direction of Elections 1 in the above-
entitled proceeding, the Regional Director for the Seventh Region
conducted a representation election among the employees of the Em-
ployer at Kalamazoo, Michigan, on February 13, 1951. Such election
was conducted by mail ballot.
1 92 NLRB No. 230.
94 NLRB No. 17.
SOUTHWESTERN MICHIGAN BROADCASTING COMPANY 31
Upon the conclusion of the election , a tally of ballots was furnished
the parties in accordance with the Rules and Regulations of the Board.
The tally shows that of the four eligible voters , three cast valid
ballots for the Union , and one was challenged.
Thereafter , on February 15, 1951, the Employer filed timely objec-
tions to the conduct of the election . In accordance with the Board's
Rules and Regulations , the Regional Director investigated the objec-
tions . On February 21, 1951, the Regional Director issued and duly
served upon the parties his report on objections in which he recom-
mended that the Employer 's objections be dismissed . On February
26, 1951, the Employer timely filed exceptions to the report on
objections.
The objections of the Employer allege, in substance , as basis for
setting aside the election : ( 1) That the Regional Director proceeded,
over the objection of the Employer , to conduct a mail ballot election
shortly after the Petitioner had filed unfair labor charges against the
Employer, and prior to an investigation having been made by the
Regional Director ; ( 2) that a mail ballot election under the circum-
stances was entirely unjustified and did not preserve to the employees
the guaranty of an election in the "most perfect possible atmosphere";
(3) t'iat to conduct a representation election entirely by mail ballot
is to ignore the Act's requirement of a secret ballot and results in
a void election.
As regards the first objection , a waiver has been filed by the Pe-
titioner of its right to object to the proceeding on the basis of the
unfair labor practice charge which it has filed against the Employer.
The Board has repeatedly held that the Regional Director may pro-
ceed with an election after a waiver has been secured.2
The second and third objections deal with the validity and pro-
priety of conducting an election by mail. The Board has held that
a Regional Director has broad discretion in arranging the details of
the election , including, in appropriate instances , determination as to
whether to conduct the election in whole or in part by mail.3 It
appears from the report of the Regional Director that there were
three alternatives as to methods of holding this election . One, per-
mitting the employees to cast their ballots on the Employer 's premises
at a time suggested by the Employer; 4 another, voting the employees
at different times throughout the day; and third, using a mail ballot.
2 Victor Chemical Works, 85 NLRB 495 ; Stow and Davis Furniture Co., 92 NLRB 80
8 North American Aviation, Inc., 81 NLRB 1046.
* In its exceptions the Employer alleges, as a fourth alternative , that the Board's
-representative could have conducted manual balloting at another time and at a place
other than the Employer 's premises . Under the circumstances of this case . however,
and particularly the small numbei of employees involved and the differences In their
shifts and work locations , we are of the opinion that the Regional Director reasonably
- considered the various possible alternatives in holding the election.
32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Regional Director states that only after due. consideration of
all the facts did he decide that the election should be conducted by
mail. Nothing has been offered to persuade the Board that the Re-
gional Director abused his discretion.
The Employer in its exceptions relied on substantially the same
grounds set forth in its objections. Having considered the entire
record in the case, we accept the Regional Director's findings. We
find, therefore, that the objections filed by the Employer raise no
substantial and material issues with respect to the conduct of the
election, and they are hereby overruled.
Certification of Representatives
IT Is HEREBY CERTIFIED that the Detroit Chapter, National Associa-
tion of Broadcast Engineers and Technicians (Independent) has been
designated and selected by a majority of the Employer's radio engi-
neers and technicians who operate those facilities of the engineering
department of Harold F. Gross d/b/a Southwestern Broadcasting
Company used in the transmission, conversion, and conduction of
audio, FM, and radio frequencies for use in broadcast, rebroadcast,
audition, rehearsal, recording, and "on the air playback" at its radio
station WGFG, Kalamazoo, Michigan, excluding all clerical help,
announcers, all other employees, and all supervisors as defined in the
Act as their representative for the purposes of collective bargaining
and that pursuant to Section 9 (a) of the Act, the aforesaid labor
organization, is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
MEMBERS HOUSTON and REYNOLDS took no part in the considera-
tion of the above Supplemental Decision and Certification of
Representatives.
STERLING FURNITURE COMPANY and CIIAR.LES O . BARNES
CARPET, LINOLEUM & SOFT TILE WORKERS , LOCAL No. 1235 and CHARLES
0. BARNES. Cases Nos. 2O-CA-350 and 0O-CB-109. April 27,
19.51
Decision and Order
On November 7, 1950, Trial Examiner Hamilton Gardner issued
his Intermediate Report in the above-entitled proceeding, finding that
the Respondent Company and the Respondent Union had engaged in
and were engaging in certain unfair labor practices and recommend-
ing that they cease and desist therefrom and take certain affirmative
04 NLRB No. 20.