W. K. B. H., Inc.

National Labor Relations Board - Board Decisions

Jan 7, 1949

81 N.L.R.B. 63 (N.L.R.B. 1949)

In the Matter of W. K. B. H., INC.,' EMPLOYER and AMERICAN
FEDERATION OF RADIO ARTISTS INTERNATIONAL, A. F. of L.,
PETITIONER
Case No. 18-RC-142.-Decided January 7, 194.9
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. American Federation of Radio Artists International, A. F. of L.,
hereinafter called the Petitioner, is a labor organization claiming to
represent employees of the Employer.
3. The alleged question concerning representation :
The Employer has for some time recognized the Petitioner as the
exclusive bargaining representative of all its employees in the classi-
fications of announcers, news editors, continuity writers, clerks and
stenographers. At the hearing, the Employer did not question the
majority status of the Petitioner and admitted that it had a contract
with the Petitioner as the recognized bargaining representative of
such employees.2
I The Petitioner's name appears as amended at the hearing.
*Reynolds, Murdock , and Gray.
2 The parties are in dispute as to the confidential status of two employees , by the name
of Marian Schultz and Cora Hauser, respectively.
Cora Hauser, who is classified as a bookkeeper , has access to various business con-
tracts, records, and reports, which the Employer considers confidential , but has no duties
of a confidential nature with respect to matters concerning labor relations . Under the
81 N. L. R. B., No. 9.
63
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly, we find that no question affecting commerce exists
concerning the representation of employees of the Employer, within
the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the
Act .3
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.
circumstances , we are of the opinion that Cora Hauser is not a confidential employee
within the meaning of the Act.
Marian Schultz is classified as a private secretary to the manager and president of the
Employer , an executive charged with the handling of the Employer 's labor relations.
Although Schultz does not at present perform duties with respect to matters concerning
labor relations , such duties are normally performed by an employee in her classification.
Moreover , the Employer indicated that it desired to have Schultz perform duties of this
character in the future . We are of the opinion that the position occupied by Schultz is
that of a confidential employee within the meaning of the Act, and upon assumption of the
full duties thereof, Schultz will be ineligible to inclusion within the unit represented by
the Petitioner.
3 Matter of Merrill-Steffens Dry Dock & Repair Company , 79 N. L R B. 962.