Crosley Broadcasting of Atlanta, Inc.

National Labor Relations Board - Board DecisionsNov 10, 1953

107 N.L.R.B. 13 (N.L.R.B. 1953)

CROSLEY BROADCASTING OF ATLANTA, INC. 13 number of hours worked per week . We find that these part- time employees have sufficient interest in common with regular store employees to require their inclusion in the unit for purposes of representation in collective bargain- ing. 6 However , inasmuch as the record contains so little evidence concerning the regularity of their tenure or their average workweek , we shall permit them to vote in the election directed herein subject to challenge.' 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 employees of the Employer in the Scranton , Pennsylvania, area , including part -time employees , office employees, ware- house employees , truckdrivers , and mechanics , but excluding guards and supervisors as defined in the Act. 5. As indicated in paragraph 4 above, part - time employees shall be eligible to vote in the election directed herein subject to challenge.7 [Text of Direction of Election omitted from publication.] 6See John W. Thomas & Co., 104 NLRB 888, footnote 15. 7See Food Fair Stores, 83 NLRB 852. 854; H. P. Wasson and Company, 105 NLRB 373. CROSLEY BROADCASTINQ OF ATLANTA, INC. and TELE- VISION BROADCASTING STUDIO EMPLOYEES UNION, LOCAL 845, INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF THE UNITED STATES AND CANADA, A.F.L., Petitioner. Case No. 10-RC-2224. November 10, 1953 SUPPLEMENTAL DECISION AND DIRECTION Pursuant to a Decision and Direction of Election ,' issued by the Board herein on August 18, 1953, an election by secret ballot was conducted on September 16 1953, under the direction and supervision of the Regional Director for the Tenth Region , among the employees of the Employer in the unit found appropriate in the Decision. At the conclusion of the election , the parties were furnished with a tally of ballots, which showed that of approximately 27 eligible voters, 13 cast valid ballots for the Petitioner, 13 cast valid ballots for the Intervenor , and 1 ballot was challenged. As the challenged ballot was sufficient to affect the results of the election , the Regional Director , pursuant to Section 102.61 of the Board ' s Rules and Regulations, conducted an investigation of the challenged ballot . On September 24, 1953, 1106 NLRB No. 126. 107 NLRB No. 5. 337593 0 - 55 - 3 14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Regional Director issued and duly served upon the parties his report on election, challenged ballots, and recommenda- tions to the Board, recommending that the challenge to the ballot of William F. Sutton be overruled. Thereafter, on October 1, 1953, the Petitioner filed exceptions to the Regional Director's report. On October 7, 1953, the Intervenor filed a document in opposition to the exceptions. The Petitioner challenged the ballot of William F. Sutton. In its Decision and Direction of Election the Board, in ac- cordance with the Petitioner's request, included Sutton in the unit and found that he was eligible to vote as a regular part-time employee. The Petitioner now contends that Sutton should be disqualified from voting on the ground that there has been a reduction in his working hours. The Regional Director's investigation discloses that since November 5, 1951, Sutton has worked regularly for the Employer on a part-time basis. Between that date and January 1953 Sutton normally worked about 12 to 14 hours per week. During the summer months beginning July 4, 1953, and continuing to the date of the investigation, he regularly worked 4 hours each week.2 The Employer states that beginning October 1953 his working hours will increase. As it is clear from the foregoing that Sutton is a regular part-time employee, we find, in accordance with our usual policy, that he is eligible to vote in the election. 8 Accordingly, we adopt the Regional Director's recommendation and hereby overrule the challenge to Sutton's ballot. [The Board directed that the Regional Director for the Tenth Region shall, pursuant to National Labor Relations Board Rules and Regulations, within ten(10) days from the date of this Direction, open and count the ballot of William F. Sutton and serve upon the parties a supplemental tally of ballots.] 2 Although the Employer stated at the representation hearing that it expected Sutton's work to increase during the summer , his work decreased because of the seasonal decline in the operations of the television station. 3Cf. The Independent, Inc., 96 NLRB 192; Central Florida Broadcasting Company, 94 NLRB 473. WINTER STAMPING COMPANY and LODGE NO. 1416 , INTER- NATIONAL ASSOCIATION OF MACHINISTS , AFL, Petitioner. Case No . 13-RC - 3483 . November 10, 1953 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 Richard B. Simon , hearing officer . The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 107 NLRB No. 6.