KERO Radio-TV

National Labor Relations Board - Board Decisions

Jul 12, 1956

116 N.L.R.B. 194 (N.L.R.B. 1956)

194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Kern County Broadcasters , Inc. d/b/a KERO Radio-TV, Peti-
tioner and Radio & Television Technicians Local 202, Interna-
tional Brotherhood of Electrical Workers, AFL-CIO. Case No.
21-RM-3416. July 13, 1956
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to a Decision and Direction of Election,' an election ' by
secret ballot was held on September 27, 1955, under the direction and.
supervision of the Acting Regional Director for the Twenty-first
Region, among the employees of the Employer in the unit found
appropriate by the Board. Following the election, the Regional Di-
rector served upon the parties a tally of ballots which showed that
there were approximately 24 eligible voters, that 11 ballots were cast
for, and 9 ballots against, the Union, that 4 ballots were challenged,
and that there were no void ballots. The challenged ballots were
sufficient to affect the results of the election. Thereafter the Union
timely filed objections to conduct of election. On November 8, 1955,
the Acting Regional Director issued his report on challenges and
objections, in which he recommended that 2 challenges be sustained,
and the 2 remaining challenges and the objections be overruled. The
Union thereafter excepted only to the overruling.of its challenge to
the ballot of Joseph DeYoung.
On December 16, 1955, the Board issued its order in this, proceeding,
in which, inter alia, it directed the Acting Regional Director to open'
and count the ballot of Cliff Johnston, as to which the challenge had
been overruled, and if that ballot did not determine the outcome of
the election, that a hearing be held to resolve the issues raised by the
challenge to the ballot of Joseph DeYoung.
Pursuant thereto, the Acting Regional Director opened and counted
the 'ballot of Cliff Johnston. As that ballot was not determinative of
the results of the election, the Regional Director issued a notice of'
hearing for the-purpose of determining the challenge to the ballot-of
Joseph DeYoung.
Pursuant thereto, a hearing was held on February 27, 1956, before
William E. Spencer, Trial Examiner. The Employer and the Union
appeared and participated in the hearing., Full opportunity to be
heard, to. examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties.
On April 18, 1956, the Trial Examiner issued and served upon the
parties his report on challenged ballot in which he found that Joseph
DeYoung was not so closely allied with management as to warrant
his exclusion from the unit. Accordingly, he recommended that the
'Not reported in printed volumes of Board Decisions and Orders.
116 NLRB No. 10.
KERO, RADIO-TV 195
challenge to his ballot be overruled and the ballot be counted. There-
after, the Union filed exceptions to the Trial Examiner's report.
The Board has reviewed the Trial Examiner's rulings made at the
hearing and finds that no prejudicial error was committed. The
"rulings are hereby affirmed. The Board has considered the Trial
Examiner's report, the exceptions, and the entire record in this case,
and hereby adopts the findings, conclusions, and recommendations of
the Trial Examiner, with the following additions and modifications :
Joseph DeYoung is the brother of Albert DeYoung, president and
majority stockholder of the Employer._ He is employed as a part-
time cameraman. The Union, aware of the Board's decision in
International Metal Products Company,' holding that family relation-
§hip is not in itself sufficient basis to exclude an individual from a
unit, absent evidence that because of that relationship he enjoys a
special status allying him with management, contends that such special
status is present here.'
In support of this contention, it relies, in its exceptions, on three
factors: (1) Joseph's managerial status; (2) the differential between
his salary and that of the other cameramen; and (3) the date of his
hire.
Joseph's camera work is a part-time job. His regular job is one
with Pacific Gas & Electric Co. The Trial Examiner found that
this was a managerial job, but that Joseph had nothing to do with ad-
justment of grievances or anything pertaining to collective-bargain-
ing relations 4 The issue before us is Joseph's status at this plant,
and we do not view his other, unconnected employment as relevant.
Accordingly, we reject this contention.
As to the differential in salary, it is not contradicted on the record
that the Employer expected to make use of Joseph's services in con-
nection with the solution of certain electrical problems it encountered.
It is also uncontradicted that Joseph's qualifications and experience
made it likely that he could be useful in such work. The Trial Ex-
aminer concluded that the record did not establish that Joseph's engi-
neering services were so negligible as to negate the Employer's posi-
tion that they warranted the higher salary. Accordingly, we reject
this contention.
As to the date of Joseph's hire, the record shows that the Employer's
petition herein was filed on April 6, 1955, and that Joseph began
work about May 23, 1955. But, as the Trial Examiner found, there
is undisputed evidence that Joseph's employment had been decided
8107 NLRB 65
8 We do not adopt the Trial Examiner's comments in footnote 1 of his report indicating
disagreement with the Board's rule.
4 Some of the employees under Joseph are covered by a contract between Pacific Gas &
Electric Co. and another local of IBEW. . ' '
196 DECISIONS OFD NATIONAL LABOR RELATIONS BOARD
upon months before this petition was filed. Accordingly, we reject
this contention.
[The Board directed that the Regional Director for the Twenty-
first Region shall, within ten (10) days from the date of this Direction,
open and count the ballot of Joseph DeYoung, and serve upon the
parties a supplemental tally of ballots.]
CHAIRMAN LEEDOM took no part in the consideration of the above
Supplemental Decision and Direction.
Chicopee Manufacturing Corporation , Petitioner and United
Textile Workers of America, Local 444, AFL-CIO1 and Tex
the Workers Union of America , AFL-CIO 2
Chicopee Manufacturing Corporation and Textile Workers Union
of America, AFL-CIO, Petitioner . Cases Nos. 13-RM-256 and
13-RC-3767. July 12, 1956
DECISION AND CERTIFICATION OF
REPRESENTATIVES
Pursuant to a stipulation for certification upon consent election,
an election by secret ballot was conducted on March 1, 1956, under
the supervision of the Regional Director for the Thirteenth Region
among the employees in the stipulated unit. Upon completion of
the election, the parties were furnished a tally of ballots which showed
that all but 1 of the 60 eligible voters cast ballots, of which 32 were
for TWUA, 26 for Local 444, and 1 against both participating organ-
izations.
Timely objections were filed by Local 444 asserting that (1) TWUA
purchased the votes of some of the employees; (2) TWUA distributed
on the eve of the election a leaflet containing false statements which
Local 444 had no opportunity to rebut; and (3) TWUA threatened
certain employees with the loss of their jobs if they did not join and
vote for that Union. The Regional Director investigated the objec-
tions and on April 23, 1956, issued his report on objections in which
he found that the objections were without merit, recommended that
the objections be overruled and that the TWUA be certified. Local
444 excepts only to the Regional Director's findings with respect to
the second objection.
Upon the entire record in these cases, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
i Herein called Local 444.
2 Herein called TWUA.
116 NLRB No. 21.