Westchester Broadcasting Corp.

National Labor Relations Board - Board Decisions

Aug 13, 1951

95 N.L.R.B. 1057 (N.L.R.B. 1951)

WESTCHESTER BROACASTING CORPORATION 1057
WVESTCHESTER BROADCASTING CORPORATION and NEW YORK LOCAL,
AMERICAN' FEDERATION OF RADIO ARTISTS, AFFILIATED WITH AS-
SOCIATED ACTORS AND ARTISTES OF AMERICA, AFL, Pl'rITIONER. Case
No. RC-3160. August 13, 1951
Supplemental Decision and Direction
Pursuant to a Decision and Direction of Election issued by the
National Labor Relations Board on April 12, 1951,1 an. election by
secret ballot was conducted on June 5, 1951, at White Plains, New
York. Upon the conclusion of the election,. a tally of ballots was
issued and furnished the parties. The tally. shows that of approxi-
mately nine eligible voters, six cast ballots and all were challenged.
On June 11, 1951, the Employer filed with the Regional Director
timely objections to the election. Thereupon, in accordance'with
the Board's Rules and Regulations, the Acting Regional Director
conducted an investigation. On June 29, 1951, he issued and duly
served upon the parties his report on challenges and objections, in
which he recommended that the challenges 'and objections be over-
ruled and that the challenged ballots be opened and counted.
On July 7, 1951, the Employer filed timely exceptions to the report,
renewing, in substance, the contentions set forth in the objections.
Upon the entire record in the case, including the Employer's ob-
jections, the report, and the Employer's exceptions, the Board. finds :
The Employer's principal contention is that the election was im-
properly conducted because of the pendency of an appeal to the Gen-
eral Counsel from the Regional Director's dismissal of unfair labor
practice charges filed by the Employer against the Petitioner, thereby
denying the Employer its rights under the Act, the Administrative
Procedure Act, and the Board's Rules and Regulations. The
Regional Director's dismissal was affirmed by the General, Counsel
on appeal` on June 27, 1951. We therefore And no merit in this
contention.2
The Employer also alleges that. the ':Petitioner coerced, intimidated,
and threatened the employees in violation of the Act. As the sub-
'stance of these allegations was made the subject of the Employer's
unfair labor charges, which on appeal were finally dismissed by the
General Counsel, we shall, in accordance with our usual procedure,
overrule the Employer's contentions with respect to these matters .3
1 93 NLRB 1346.
See United States Smelting, Refining and Mining Company, 93 NLRB 1280, where
the Board directed an immediate election even though an appeal from a dismissal of
unfair labor practice charges was pending before the General Counsel .. See also Section 5
( 6) of the Administrative Procedure Act.
8 See Columbia Pictures Corporation , 85 NLRB 1085.
95 NLRB No. 139.
1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer also asserts, contrary.to the finding in the report,
that the time and place of the election were not reasonable and that
the election notice was insufficient. However, the report finds that the
"Employer refused to meet with the Board's Field Examiner to ar-
range the hours and place of the election...." As there was no ex-
ception to this finding; we adopt it. ' And on May 31, 1951, after
the election was arranged and 5 days before it was held, the Em-
ployer admittedly received notice of the election and a request for the
Names and addresses of the eligible. employees .in the unit. During
all this time, the Employer refused to cooperate in any way, on the
ground that no election could be held pending determination of its
appeal. Moreover, it does not''now dispute the finding in the report
that "letters were sent to all eligible employees notifying them as to
'the election procedure and as to their rights." Even if some of the
employees may not have received 5 days' notice, as the Employer
'contends, we do not believe such notice inadequate, especially as a
majority of the eligible voters appeared at the polls. In these cir-
cumstances, we believe the Employer's complaints are untimely and
without merit.'
On the basis of the foregoing, and upon the entire record herein,
we find that the objections and exceptions of the Employer raise no.
substantial or material issue with respect to the conduct of the election
in this case.
The ballots of all the eligible employees who voted in the election
were challenged by the Board agent conducting the election, because
no payroll information was available. The Acting Regional Director
'properly recommended that, as each voter had signed an affidavit that
he was currently employed by the Employer during the eligibility
period fixed in the Direction of Election, these challenges be overruled
and the ballots be opened and counted. As no exceptions were filed to
these recommendations, we shall adopt them. Accordingly, we shall
direct that the ballots be opened and counted.
Direction
As part of the investigation to ascertain representatives for the
purpose of collective bargaining with the Employer, the Regional
Director for the Second Region shall, pursuant to National Labor
Relations Board Rules and Regulations, within ten (10) days of this
Direction, open and count the ballots. of Robert Davidson, Leonard
Dillon, Richard Elbers, Albert O. Marston, Joan M. Schneider, and
Daniel A. Valle, and thereafter prepare and cause to be served upon
4 See Cities Service Oil Co. of Pennsylvania ( Marine Division ), 87 NLRB 324.
THE MANUFACTURERS ' PROTECTIVE & DEVELOPMENT ASSN. 1059
the parties a supplemental tally of ballots , including thereon the count
of the ballots described above.
MEMBERS MURDOCK and STYLES took no part in the above Supple-
mental Decision and Direction.
THE MANUFACTURERS ' PROTECTIVE & DEVELOPMENT ASSN. ( CONSOLI-
DATED IRON-STEEL MANUFACTURING COMPANY, TAYLOR AND BOGGIs
DIVISION ) 1 and INTERNATIONAL MOLDERS & FOUNDRY WORKERS
UNION OF NORTH AMERICA, AFL, PETITIONER
THE MANUFACTURERS ' PROTECTIVE DEVELOPMENT ASSN. (BOR-
ROUGHS MANUFACTURING COMPANY ) and INTERNATIONAL MOLDERS
& FOUNDRY WORKERS UNION OF NORTH AMERICA, AFL , PETITIONER.
Cases Nos . 9-UA-1727 and 9-UA-1797. August 13, 1951.
Decision and Direction of Elections
Upon petitions duly filed under Section 9 (e) (1) of the Act, a
consolidated hearing was. held before Seymour Goldstein, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board finds as follows :
1. The Manufacturers' Protective & Development Assn., herein
called the Association, is engaged in commerce within the meaning of
the Act.
2. The Petitioner is the currently recognized collective bargaining
representative of the employees claimed in the petitions to constitute
units appropriate for the purposes of authorizing the Petitioner to
make union-security agreements.
3. The Petitioner has made an appropriate allegation and showing
that 30 percent or more of the employees in each of the claimed units
desire to authorize the Petitioner to make an agreement requiring
membership in the' Petitioner as a condition of employment.
4. The appropriate units :
The Petitioner petitions for a union-security authorization election
among the employees of Consolidated Iron-Steel Manufacturing Com-
pany, Taylor and Boggis Division, herein called Taylor, and a similar
election among the employees of Borroughs Manufacturing Company,
herein called Borroughs. However, all parties requested dismissal
of the petitions on the ground that Taylor and Borroughs have each
joined the Association, that the employees of the Association's mem-
I The Employer 's name appears as amended at the hearing.
95 NLRB No. 134.
961974-52-vol. 95-68
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