Messenger Corp.

National Labor Relations Board - Board Decisions

Oct 12, 1954

110 N.L.R.B. 318 (N.L.R.B. 1954)

318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ferred back to WKZO, and is at present operating concurrently the
transmitters for both WKZO-TV and WJEF-FM.
All stations operate under the same set of standards and general
policy. Engineering personnel at WJEF may originate a remote
program for use by WKZO, and the converse is true. Approximately
one-half of the Employer's national sponsors are sold on a combina-
tion rate, i. e., the price is based on the number of spot announcements,
and the announcements on WJEF and WKZO are totaled together to
determine the sponsor's rate. All engineers and technicians in the
Employer's operations have been under the same contract and, conse-
quently, receive the same benefits such as insurance, pension, profit-
sharing plans, and bonuses, and are paid according to the same wage
scale.
In view of the above facts, and on the entire record, the Board finds
that the integration, interdependence, and centralized control of the
Employer's operations, the history of multiplant bargaining, and the
uniformity of interests, skills, and working conditions within the
multiplant unit make a unit restricted to employees of the radio and
television stations, WKZO and WKZO-TV, at Kalamazoo, Michigan,
inappropriate. Accordingly, we shall dismiss the petition filed herein.
[The Board dismissed the petition.]
MESSENGER CORPORATION, PETITIONER and UNITED PAPERWORKERS OF
AMERICA, CIO. Case No. 13-RM-192. October 12, 1954
Decision and Direction
Pursuant to a stipulation for certification upon consent election exe-
cuted June 11, 1954, an election was conducted on June 29, 1954, under
the direction and supervision of the Regional Director for the Thir-
teenth Region, among certain employees of the Employer. At the
close of the election, a tally of ballots was furnished each of the parties
in accordance with the Board's Rules and Regulations. The tally
shows that 51 valid ballots were cast for the Union, 49 valid ballots
were cast against the Union, 8 ballots were challenged, and no ballots
were void. No objections to the election were filed within the time
provided therefor.
As the challenged ballots were sufficient in number to affect the re-
sults of the election, the Regional Director, acting pursuant to the
Board's Rules and Regulations, investigated the issues raised by the
challenges, and on August 19, 1954, issued his report on challenges,
recommending that the challenge to 1 ballot be sustained, and that the
challenges to 7 ballots be overruled. Thereafter, the Union filed ex-
ceptions to part of the Regional Director's report.
110 NLRB No. 41.
MESSENGER CORPORATION 319
The Board has considered the Regional Director's report, the excep-
tions, and the entire record in the case, and hereby adopts the findings,
conclusions, and recommendations of the Regional Director, with the
following additions :
1. The Employer is engaged in commerce within the meaning of
Section 2 (6) of the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act: All production and maintenance
employees at the Employer's Auburn, Indiana, plant, including em-
bossers and diecutters, but excluding offset pressmen and letter press-
men, their assistants and helpers, job pressmen, platemakers, camera-
men, office clerical employees, guards, and supervisors as defined in
the Act.
5. In the absence of any exception to the Regional Director's find-
ing that Dosch and Hough are not supervisors within the meaning of
the Act, and his recommendation that the challenges to their ballots
therefore be overruled, we adopt this finding and recommendation.
In the absence of any exception to the Regional Director's finding
that Paulen is a guard within the meaning of the Act, and his recom-
mendation that the challenge to Paulen's ballot therefore be sustained,
we also adopt this finding and recommendation.
Prior to March 13, 1953, Sellers was a supervisor in the hand finish-
ing department, but that department was abolished on that date. On
March 27, 1953, a notice was posted on the bulletin board that Sellers
was to be in charge of production in the packing department and the
greeting card stockroom, and that notice has never been retracted.
However, Sellers has actually worked as a rank-and-file employee in
the greeting card stockroom since March 30, 1953. Accordingly, we
find that Sellers is not a supervisor; and we overrule the challenge to
his ballot.
Sebring performs manual labor in the warehouse along with 2 other
employees. He gives instructions to the 2 other employees, but such
instructions are of a routine nature and do not require the use of
independent judgment. We find that Sebring is not a supervisor, and
we overrule the challenge to his ballot.
Kreamelmeyer is a janitor and maintenance man who spends all of
his time doing manual labor. He sometimes gives instructions to an-
other janitor and maintenance man, but such instructions are of a
routine nature and do not require the use of independent judgment.
320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that Kreamelmeyer is not a supervisor, and we overrule the
challenge to his ballot.
Prior to December 1953, Hughes was a supervisor. Since that time,
however, she has spent all of her time doing rank-and-file work, and
no one works under her supervision. We find that Hughes is not a
supervisor, and we overrule the challenge to her ballot.
Ramsey is engaged in the repair of machinery in the plant. We find
that he is a maintenance employee, and included in the appropriate
unit. Accordingly, we overrule the challenge to his ballot.
As we have overruled the challenges to certain ballots, we shall
direct that these ballots be opened and counted.
[The Board directed that the Regional Director for the Thirteenth
Region shall open and count the ballots cast by Dosch, Hough, Sellers,
Sebring, Kreamelmeyer, Hughes, and Ramsey and thereafter pre-
pare and serve upon the parties to this proceeding a supplemental
tally of ballots, including therein the count of said ballots.]
PHILADELPHIA ELECTRIC COMPANY and INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, AFL, PETITIONER. Case No. 4-RC-2309.
October 12, 1954
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before William Naimark, 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 this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
The Petitioner requests, in effect, a systemwide unit of all physical
employees engaged in production and maintenance work at the Em-
ployer's electric generating stations and steam heating plants, includ-
ing small groups of fringe employees designated as substation opera-
tors,' and store employees and telephone operators working at the
1 See footnote 5, infra.
110 NLRB No. 37.