Triangle Publications, Inc.

National Labor Relations Board - Board Decisions

Jul 10, 1957

118 N.L.R.B. 595 (N.L.R.B. 1957)

TRIANGLE PUBLICATIONS, INCORPORATED 59
In,view of all the foregoing, we see no valid reason, for postponing
the election `as requested. by the Employer."' We shall, in accordance
with our usual practice, direct an immediate election.
[Text of Direction of Election omitted from publication.]
10 Our seasonal industry election rules, which the Employer would apply, are manifestly
inapplicable to the facts of this case. Cf. Lloyd A. Fry Roofing Company, 107 NLRB 1327.
Triangle Publications, Incorporated and National Association of
Broadcast Employees & Technicians, AFL-CIO, Petitioner.
Case No. 1-RC-4828. July 10, 1957
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 Sidney A. Coven, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three.,
member panel [Members Murdock, Rodgers, and Bean].
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
employees 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.1
4. The Employer operates a radio and television station in New
Haven, Connecticut. The Petitioner seeks to represent certain em-
ployees at Station WNHC-AM and FM and WNHC-TV.
The parties have agreed that the appropriate unit is comprised of
office clerical and janitorial employees,2 but they differ as to the in-
clusion of certain categories. Both agree that all the disputed cate-
gories except one, the staff artist, are within the agreed unit but are,
otherwise ineligible. The Employer urges that the staff artist has.
interests sufficiently diverse to preclude his inclusion in the unit.,
1 The Employer 's motion to dismiss with respect to the Petitioner 's showing of interest is
denied. Determination of a showing of interest is an administrative matter, and the
Board is administratively satisfied that the Petitioner has made an adequate showing.
See The Sheflleld Corporation , 108 NLRB 349 ; Emerson Electric Company, 102 NLRB 303.
2 The parties agree that Carmen, Angeloni, Arthur Brusseau,and Lillian Sullivan are,
supervisors , and that Ella Saccu is a confidential employee, and are excluded from the
unit. It wagrfgrther agreed that Barrett, known as production aide, is excluded from the
unit, and that Barbara Draden %known asl','itchen,aide, is included in the unit.
118 NLRB No. 70.
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The parties further are in disagreement as to whether "managerial
employees" should be excluded by specific language in the unit
description.
We find the following employees confidential employees without
deciding whether for other reasons they may also be excluded from
the unit : 3
Maria Rosa is in charge of payroll preparation and the issuance of
payroll checks. She prepares data showing the effect of wage ad-
justments contemplated in labor contract negotiations. She is present
at conferences between the general manager and office manager which
relate to the interpretation of labor contracts, furnishes information
and advises as to past and future effect of contract terms, and dis-
cusses generally the application and carryout of labor contracts from
a fiscal viewpoint.4
Ruth Luik is secretary to the program manager who is one of the
executives who participates in the formulation, determination, and
effectuation of management policies in the field of labor relations.
She is physically located in the same office with the program manager
and hears discussions as well as prepares memoranda from the pro-
gram manager relative to grievances on the part of the performing
employees now under contract with the Employer.
Marian Hasko is secretary to the sales manager who is 1 of the
executives who participates in the discussion and conferences of the
5 executives who formulate and effectuate all policies of the Employer,
including labor relation discussions and decisions. In the absence of
the sales manager, she negotiates and accepts orders for time from
sponsors. She also assigns and reviews the work of Elaine Downes,
a sales-service clerk.
We find the following individuals are supervisors as defined in the
Act as they responsibly direct the work of employees :
Lucy D'Agostino is the billing section supervisor, responsible to the
assistant office manager. She directs, reviews, and assigns work to
Irma Brucker, a billing clerk, who receives approximately $15 per
week less compensation than D'Agostino. Occasionally, additional
employees are needed to eliminate a backlog in this section, and these
employees are under the direction and responsible to D'Agostino.
At times she instructs the dictaphone operator in certain transcribing
she does, and she would train any new billing clerks.
Arthur McGray has as his major responsibility the proper mainte-
nance of the Employer's two buildings located in New Haven, one on
Chapel Street and one on York Street. In carrying out this respon-
sibility he is charged with the direction of two janitors, laying out
their schedule of work as well as the hours they work. He requisi-
3 See Potomac Electric Power Company, 111 NLRB 553, 562, and cases cited therein.
4 See American Lit ho fold Corporation , 107 NLRB 1061, 1064.
TRIANGLE PUBLICATIONS , INCORPORATED 597
tions building maintenance supplies and electronic equipment needs
in the studio operations , and he issues electronic parts to technical
employees.
We find the following employees exercise no supervisory functions
nor are they confidential employees , and we shall include them in the
unit :
Joan Granis is contracting clerk and secretary to the office manager.
She takes care of the office manager 's correspondence , confidential or
otherwise ; assists in the preparation and transcription and typing of
financial reports, and assists Maria Rosa in the preparation of em-
ployee and executive payrolls. The record does not show that she
performs any duties with respect to labor relations.
Irma Brucker is a billing clerk responsible for the maintenance of
all records necessary to the billing of clients or sponsors. She has
access to the Employer 's gross receipts and prepares sales sections of
the Employer 's financial statements.
Elaine Downes is a sales-service clerk and secretary to the salesmen.
She assists in the preparation of sales brochures and analyzes con-
tracts for the sale of time in the preparation of service order forms.
We find that Pasqual lovene is a regular part-time employee and
include him in the unit hereinafter found appropriate . He works
regularly 5 days each week from 5 p. in., to 7 p. in., acting as a recep-
tionist and guide to direct strangers, visiting dignitaries, and talent
appearing on the programs. Frequently, during the year he works
considerably more than his regular schedule . He receives holiday
and vacation pay and all other benefits that other employees are
accorded.
Conrad Haller is employed as a janitor and groundskeeper at the
Employer 's transmitter building . The record contains no evidence
that he performs guard duties. We include him in the unit.
William Colrus is employed in the newly created position of staff
artist. His responsibility is to display artistically on paper ideas for-
mulated in the production department-a visual presentation or pic-
torial result of the promotion director 's ideas; to create on paper ideas
to show to sponsors or audiences which may be in the form of slides or
in the sales brochure of the Employer . He works primarily with the
sales, program, and promotional departments. We exclude him from
the clerical unit for lack of a community of interest with these
employees.
Accordingly, we find that 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 office clerical and janitorial employees at the Employer 's radio
and television station located in New Haven, Connecticut , including
the kitchen aide, the secretary to the office manager, the billing clerk,
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and the sales service clerk, the janitor and groundskeeper, and the
part-time employee receptionist and guide, but excluding the produc-
tion aide, the employee in charge of payroll preparation, the secretary
to the program manager, the secretary to the sales manager, the
billing section supervisor, the maintenance supervisor, and the staff
artist, all guards, managerial employees,' confidential employees, and
supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
5 We can perceive no reason why "managerial employees" should not be specifically set
out as an exclusion in the unit description.
(Capital Records , Inc. and United Electrical , Radio & Machine
Workers of America , Independent , Petitioner. Case No. 21-RC-
4534. July 10, 1957
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to a Decision and Direction of Election dated October 8,
1956,' an election by secret ballot was conducted on November 2, 1956,
under the direction and supervision of the Regional Director for the
Twenty-first Region among the employees in the unit found appro-
priate by the Board. Following the election, a tally of ballots was
furnished the parties which shows that of 74 valid ballots cast, 9 were
cast for Local 986, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen & Helpers of America, AFL-CIO, herein re-
ferred to as the Teamsters; 17 were cast for the Petitioner, 43 were
cast for International Brotherhood of Electrical Workers, Local 1710,
herein referred to as IBEW, 3 were cast against the participating
labor organizations and 2 were challenged. The challenges were not
sufficient in number to affect the results of the election. On November
8, 1956, the Petitioner filed timely objections to conduct affecting the
results of the election.
Pursuant to Section 102.61 of the Board's Rules and Regulations,
the Regional Director conducted an investigation of the objections,
and on February 21, 1957, issued his report on objections, in which he
recommended that the objections be overruled and that the IBEW
be certified as the representative of the employees in the appropriate
unit. The Petitioner filed timely exceptions to the Regional Direc-
tor's report. On November 2, 1956, the Petitioner filed unfair labor
practice charges in Case No. 21-CA-2602 against the Employer,
alleging violation of Section 8 (a) (1) (2) and (3) of the Act. These
1 Not reported in printed volumes of Board Decisions and Orders.
118 NLRB No. 66.