Sparton Broadcasting Co.

National Labor Relations Board - Board Decisions

Feb 2, 1959

122 N.L.R.B. 1191 (N.L.R.B. 1959)

SPARTON BROADCASTING COMPANY (WWTV) 1191
The challenged ballots shall not be counted unless they affect the
election results, in which case the question as to which of them shall
be opened and counted shall await further investigation as to the
employment status of the individual involved.
[Text of Direction of Election omitted from publication.]
Sparton Broadcasting Company (WWTV) and National Asso-
ciation of Broadcast Employees and Technicians , AFL-CIO,
Petitioner. Case No. 7-RC-3697. February $, 1959
SUPPLEMENTAL DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
Pursuant to a Decision and Direction of Election issued by the
Board on June 25, 1958,1 an election by secret ballot was conducted
on July 22, 1958, under the direction and supervision of the Regional
Director for the Seventh Region, among the employees in the unit
heretofore found appropriate. Upon the conclusion of the election,
the parties were furnished with a tally of ballots which showed that
of approximately 21 eligible voters, 7 cast ballots for the Petitioner,
10 against the Petitioner, and 5 ballots were challenged. The chal-
lenged ballots were sufficient in number to affect the results of the
election. None of the parties filed objections to conduct affecting
the results or the conduct of the election.
After investigation, the Regional Director, on December 15, 1958,
issued a report on challenged ballots in which he recommended that
the challenges to the ballots cast by Al La Guire, Thomas Schoon-
over, and Richard Merritt be sustained2 and that the Board issue a
certification of the results of the election. Thereafter the Petitioner
filed timely exceptions to the Regional Director's findings as to the
challenged ballots.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three member panel [Chairman Leedom and Members
Rodgers and Jenkins].
The Board has considered the Regional Director's report and the
Petitioner's exceptions thereto, and upon the entire record in the
case finds :
After an investigation the Regional Director concluded that
La Guire, Merritt, and Schoonover were discharged for cause prior
' Unpublished.
2 The Regional Director did not deem it necessary to resolve the two remaining chal-
lenged ballots made by the Petitioner because they could not affect the results of the
election.
122 NLRB No. 150.
1192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to Junk: . 15, ;1958, the eligibility payroll week; and that although
Schoonover, was rehired before the date of the. election it was fdr
-Wly a temporary 10.week.period and that he was therefore a tempo=
rary employee. However, the Petitioner alleged that all three em,
ployees were unfair labor practice dischargees and charges to that
effect were'filed .with the Regional Office.' Ina further investigation
the Regional Director found insufficient evidence upon which to issue
a complaint and accordingly dismissed the charges. The Petitioner
nppealed'tc the General Counsel from this ruling. While the appeal
was pending, the Regional Director issued his report on challenged
ballots in which he recommended that the challenges to the ballots
of La Guire, Merritt, and Schoonover for the reasons stated above
be-austaitied and"that a. certificate of results of election be issued. in
accordance with the tally of :ballots, subject to the decision of the
General Counsel on the appeal. The General Counsel subsequently,
on: January 20, 1959, denied 'the appeal and upheld the refusal of
the;Regional Director to issue a complaint.
Therefore in accordance with established precedent' we find that
as; La, Guira, and Merritt.. were discharged, for nondiscriminatory
reasons .they were not, employees on the eligibility date. Accordingly,
we adopt. the Regional Director's recommendation to . sustain the
challenges to. their ballot' s
As we. have `sustained, sufficient challenges to establish that the
Petitioner has not received a majority of the valid votes cast in' the
el6ctioli, we shall certify, the results of the election without passing
on' the `reni aininj challenged ballots.
[..The'BDard certified that a' majority of the valid ballots was not
cast for theoNational Association of Broadcast Employees 'and Tech.
nicians; AFL-CIO; and that said Union is not the exclusive repre-
sentative°of'the Employer's "Cadillac, Michigan , television station in
the unit foundi to be appropriate.]
a Case No . 7-CA-1889 ( unpublished).
Bee, e.g., Dura Steel Products Company, 111 NLRB 590, 591-592 ; Stainlees' Welded
Prpdue : In4.; 104_ NLRB,,204, ; 205 } - Bear Brand Hosiery Co., 100 NLRB 1855, 1857.
The Petitioner 's contention concernkng , an alleged understanding of, the parties with the
respect to the " ithdrawal of 'challenges raises no material issue affecting the determina-
tion of the challenges.:
Local Union 49 of the Sheet Metal Workers Association,
E D. Brooks, Business Representative and New Mexico
Sheet Metal Contractors Association, Inc. Case No. 33-CB-
104. February 1,1959
DECISION AND ORDER
On September 16, 1958, ` Trial Examiner Herman Marx issued his
Intermediate Report in the above-entitled proceeding, finding that
122 NLRB No. 145.