Wodaam Corp.

National Labor Relations Board - Board Decisions

Jun 22, 1949

84 N.L.R.B. 480 (N.L.R.B. 1949)

In the Matter of WODAAM CORPORATION (RADIO STATION WOV), EM-
PLOYER and RADIO & TELEVISION BROADCAST ENGINEERS UNION, LOCAL
1212, IBEW, AFL, PETITIONER
Case No. d-RC-743
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
June 22, 1949
On May 2, 1949, the Board issued a Decision and Direction of Elec-
tion in this proceeding." On May 11, 1949, the Employer filed a motion
requesting the Board to reconsider that portion of its decision which
includes the control room supervisor and the transmitter supervisor
in the unit of radio technicians which the Board found may be appro-
priate for the purposes of collective bargaining, or in the alternative,
to reopen the record in order that further testimony, may be offered
to prove that the two disputed employees are supervisors as defined in
the Act. The Petitioner opposes the Employer's motion.
Upon reconsideration of the entire record in this case, the Board
finds that John Bubbers, the control room supervisor, and Richard
Dick, the transmitter supervisor, are supervisors as defined in the
Act. As basis for our revised finding with respect to the supervisory
status of Bubbers and Dick, we note that they are in charge of opera-
tion and maintenance of the radio equipment in the control room and
at the transmitter, respectively. It was stipulated by the parties that
the supervisory authority of these two employees is the same. Un-
contradicted testimony introduced at the hearing shows that Bubbers
and Dick are in charge of preparation of working schedules for the
employees at their respective stations ; that they have authority to
assign a replacement when an employee fails to report for duty, and
in such event, have authority to direct employees to work overtime.
In addition, they assign technicians to special jobs away from the
studio when the occasion arises and have the authority to excuse an
183 N. L. R B. 335.
84 N L R. B., No 59.
480
WODAAM CORPORATION (RADIO STATION WOV) 481
employee from duty if overtime is not involved. Hillis Holt, the
chief engineer, exercises general supervision over the Employer's
engineering department. However, during the 2 or 3 months preced
ing the hearing, the chief engineer generally has been at the studio
only 1 day a week. Bubbers testified that in Holt's absence the tech-
nicians report any problems to, him which otherwise normally would
be reported to Holt if the latter were present. Furthermore, there
was credible testimony that, on at least two occasions within the past
11/2 years, employees were discharged by or as a direct result of the
recommendation of Bubbers. Accordingly, the Decision is hereby
amended by excluding the control room supervisor and the transmitter
supervisor from the unit which we have heretofore found may be
appropriate for the purposes of collective bargaining.
Pursuant to the Decision and Direction of Election issued in this
case, an election was conducted on May 12, 1949, and in accordance.
with the Rules and Regulations of the Board. The Tally of Ballots
shows that of 13 valid votes cast 7 were for the Petitioner, 3 against
and 3, including the ballots of Bubbers and Dick, were challenged.
As the challenged ballots are insufficient in number to affect the re-
sults of the election, it appears from the Tally of Ballots that a col-
lective bargaining representative has been selected.
In the Decision and Direction of Election previously referred to,
the Board made no final determination of the appropriate unit, but
stated that such determination would depend in part upon the results
of the election among the employees in the voting group.
Upon. the basis of the entire record in the case, the Board makes
the following :
SUPPLEMENTARY FINDINGS OF FACT
We find that all radio technicians employed at the Employer's
radio station at 730 5th Avenue, New York City, and at its radio
transmitter in Carlstadt, New Jersey, excluding the chief engineer,
the control room supervisor, the transmitter supervisor, and other
supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act, as amended.
CERTIFICATION OF REPRESENTATIVES
It is hereby certified that Radio & Television Broadcast Engineers
Union, Local 1212, IBEW, AFL, has been designated and selected by
a majority of the employees of the above-named Employer in the unit
482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hereinabove found by the Board to be appropriate as their represent-
ative for the purposes of collective bargaining, and that, pursuant to
Section,9 (a) of the,Act, as^,amended, the said organization is the
exclusive representative of all the employees in such unit for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment, and other conditions of employment.
CHAIRMAN HERZOO and MEMBER GRAY took no part in the considera-
tion of the above Supplemental Decision and Certification of Rep-
resentatives.