Westchester Broadcasting Corp.Download PDFNational Labor Relations Board - Board DecisionsAug 13, 195195 N.L.R.B. 1057 (N.L.R.B. 1951) Copy Citation WESTCHESTER BROACASTING CORPORATION 1057 WVESTCHESTER BROADCASTING CORPORATION and NEW YORK LOCAL, AMERICAN' FEDERATION OF RADIO ARTISTS, AFFILIATED WITH AS- SOCIATED ACTORS AND ARTISTES OF AMERICA, AFL, Pl'rITIONER. Case No. RC-3160. August 13, 1951 Supplemental Decision and Direction Pursuant to a Decision and Direction of Election issued by the National Labor Relations Board on April 12, 1951,1 an. election by secret ballot was conducted on June 5, 1951, at White Plains, New York. Upon the conclusion of the election,. a tally of ballots was issued and furnished the parties. The tally. shows that of approxi- mately nine eligible voters, six cast ballots and all were challenged. On June 11, 1951, the Employer filed with the Regional Director timely objections to the election. Thereupon, in accordance'with the Board's Rules and Regulations, the Acting Regional Director conducted an investigation. On June 29, 1951, he issued and duly served upon the parties his report on challenges and objections, in which he recommended that the challenges 'and objections be over- ruled and that the challenged ballots be opened and counted. On July 7, 1951, the Employer filed timely exceptions to the report, renewing, in substance, the contentions set forth in the objections. Upon the entire record in the case, including the Employer's ob- jections, the report, and the Employer's exceptions, the Board. finds : The Employer's principal contention is that the election was im- properly conducted because of the pendency of an appeal to the Gen- eral Counsel from the Regional Director's dismissal of unfair labor practice charges filed by the Employer against the Petitioner, thereby denying the Employer its rights under the Act, the Administrative Procedure Act, and the Board's Rules and Regulations. The Regional Director's dismissal was affirmed by the General, Counsel on appeal` on June 27, 1951. We therefore And no merit in this contention.2 The Employer also alleges that. the ':Petitioner coerced, intimidated, and threatened the employees in violation of the Act. As the sub- 'stance of these allegations was made the subject of the Employer's unfair labor charges, which on appeal were finally dismissed by the General Counsel, we shall, in accordance with our usual procedure, overrule the Employer's contentions with respect to these matters .3 1 93 NLRB 1346. See United States Smelting, Refining and Mining Company, 93 NLRB 1280, where the Board directed an immediate election even though an appeal from a dismissal of unfair labor practice charges was pending before the General Counsel .. See also Section 5 ( 6) of the Administrative Procedure Act. 8 See Columbia Pictures Corporation , 85 NLRB 1085. 95 NLRB No. 139. 1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Employer also asserts, contrary.to the finding in the report, that the time and place of the election were not reasonable and that the election notice was insufficient. However, the report finds that the "Employer refused to meet with the Board's Field Examiner to ar- range the hours and place of the election...." As there was no ex- ception to this finding; we adopt it. ' And on May 31, 1951, after the election was arranged and 5 days before it was held, the Em- ployer admittedly received notice of the election and a request for the Names and addresses of the eligible. employees .in the unit. During all this time, the Employer refused to cooperate in any way, on the ground that no election could be held pending determination of its appeal. Moreover, it does not''now dispute the finding in the report that "letters were sent to all eligible employees notifying them as to 'the election procedure and as to their rights." Even if some of the employees may not have received 5 days' notice, as the Employer 'contends, we do not believe such notice inadequate, especially as a majority of the eligible voters appeared at the polls. In these cir- cumstances, we believe the Employer's complaints are untimely and without merit.' On the basis of the foregoing, and upon the entire record herein, we find that the objections and exceptions of the Employer raise no. substantial or material issue with respect to the conduct of the election in this case. The ballots of all the eligible employees who voted in the election were challenged by the Board agent conducting the election, because no payroll information was available. The Acting Regional Director 'properly recommended that, as each voter had signed an affidavit that he was currently employed by the Employer during the eligibility period fixed in the Direction of Election, these challenges be overruled and the ballots be opened and counted. As no exceptions were filed to these recommendations, we shall adopt them. Accordingly, we shall direct that the ballots be opened and counted. Direction As part of the investigation to ascertain representatives for the purpose of collective bargaining with the Employer, the Regional Director for the Second Region shall, pursuant to National Labor Relations Board Rules and Regulations, within ten (10) days of this Direction, open and count the ballots. of Robert Davidson, Leonard Dillon, Richard Elbers, Albert O. Marston, Joan M. Schneider, and Daniel A. Valle, and thereafter prepare and cause to be served upon 4 See Cities Service Oil Co. of Pennsylvania ( Marine Division ), 87 NLRB 324. THE MANUFACTURERS ' PROTECTIVE & DEVELOPMENT ASSN. 1059 the parties a supplemental tally of ballots , including thereon the count of the ballots described above. MEMBERS MURDOCK and STYLES took no part in the above Supple- mental Decision and Direction. THE MANUFACTURERS ' PROTECTIVE & DEVELOPMENT ASSN. ( CONSOLI- DATED IRON-STEEL MANUFACTURING COMPANY, TAYLOR AND BOGGIs DIVISION ) 1 and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, AFL, PETITIONER THE MANUFACTURERS ' PROTECTIVE DEVELOPMENT ASSN. (BOR- ROUGHS MANUFACTURING COMPANY ) and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, AFL , PETITIONER. Cases Nos . 9-UA-1727 and 9-UA-1797. August 13, 1951. Decision and Direction of Elections Upon petitions duly filed under Section 9 (e) (1) of the Act, a consolidated hearing was. held before Seymour Goldstein, 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 the case, the Board finds as follows : 1. The Manufacturers' Protective & Development Assn., herein called the Association, is engaged in commerce within the meaning of the Act. 2. The Petitioner is the currently recognized collective bargaining representative of the employees claimed in the petitions to constitute units appropriate for the purposes of authorizing the Petitioner to make union-security agreements. 3. The Petitioner has made an appropriate allegation and showing that 30 percent or more of the employees in each of the claimed units desire to authorize the Petitioner to make an agreement requiring membership in the' Petitioner as a condition of employment. 4. The appropriate units : The Petitioner petitions for a union-security authorization election among the employees of Consolidated Iron-Steel Manufacturing Com- pany, Taylor and Boggis Division, herein called Taylor, and a similar election among the employees of Borroughs Manufacturing Company, herein called Borroughs. However, all parties requested dismissal of the petitions on the ground that Taylor and Borroughs have each joined the Association, that the employees of the Association's mem- I The Employer 's name appears as amended at the hearing. 95 NLRB No. 134. 961974-52-vol. 95-68 0 Copy with citationCopy as parenthetical citation