Westinghouse Radio Stations, Inc.

National Labor Relations Board - Board Decisions

Dec 10, 1941

37 N.L.R.B. 466 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE RADIO STATIONS, INCORPORATED and
WBZ TECHNICIANS' ASSOCIATION
Case No. B-834,5.-Decided December 16'.1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent comparison of records.
Mr. A. Howard Myers, for the Board.
Mr. Walter Evans, of Boston, Mass., for the Company.
Mr. John P. Moses, of Boston, Mass., for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 17, 1941, WBZ Technicians' Association, herein called the
Union, filed with the Regional Director for the First Region (Boston,
Massachusetts) a petition, and on October 29, 1941, an amended
petition, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Westinghouse Radio Sta-
tions, Incorporated, herein called the Company, which is engaged
in radio broadcasting and operating radio-broadcasting stations at
Boston and Springfield, Massachusetts, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On November 5, 1941, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. On November 23, 1941,,the
Company, the Union, and the Regional Director for the Board en-
tered into a "STIPULATION FOR CERTIFICATION ON CONSENT CObIPARI-
SON OF RECORDS."
Pursuant to the stipulation, a check by comparing the Union's
application cards, roster of membership, and original ledger book
37 N L. R. B., No. 76. _
466
WESTINGHOUSE RADIO STATIONS, INC. 467
containing a record of dues with the pay-roll and employment records
furnished by the Company was conducted, under the direction and
supervision of the Regional Director, among all broadcast techni-
cians-employed,by the Company at radio stations WBZ, WBZA, and'
WBOS, exclusive of executives and supervisory, office, and clerical
employees, to determine whether or not said employees desired, to be
represented by the Union for the purposes of collective bargaining
with the Company.
On November 25, 1941, the Regional Director issued and duly-
served on the parties his ' Report on Results of Comparison by In--
spection of Records. No objections to the Report on Results of Com-
parison by Inspection of Records have been filed by either of the.
parties.
In his report the Regional Director reported that a comparison,
of the Union's records with the employment records of the Company
showed that 19 out of 21 eligible employees authorized the Union
to represent them for the purposes of collective bargaining with the,
Company.
Upon the basis of the stipulation, the Report on Results of
Comparison by Inspection of Records, and the entire record in the,
case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of ' employees of Westinghouse Radio Stations, Incorpo-
rated, Boston and Springfield, Massachusetts, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All broadcast technicians employed at radio stations WBZ,.
WBZA, and WVBOS by Westinghouse Radio Stations, Incorporated,,
Boston and Springfield, Massachusetts, exclusive of executives and
supervisory, office, and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
3. WBZ Technicians' Association has been designated and selected
by a majority of the employees in the above-described unit as their-
representative for the purposes of collective bargaining and is the,
exclusive representative of all the employees in said unit within the.
meaning of Section 9 (a) of the Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act,
468 DECISIONS OF NATIONAL LABOR RELANIONS BOARD
IT IS HEREBY CERTIFIED that WBZ Technicians' Association has
been designated and selected by a majority of all broadcast tech-
nicians employed at WBZ, WBZA, and WBOS by Westinghouse
aclio Stations , Incorporated , Springfield and Boston, Massachu-
setts, exclusive of executives and supervisory, office, and clerical
employees , as their representative for the purposes of collective
bargaining and that, pursuant to the provisions of Section 9 (c) of
the Act, WBZ Technicians ' Association is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
.with respect to rates of pay, wages , hours of employment , and other
,conditions of employment.