Mackay Radio Corp. of Delaware, Inc.

National Labor Relations Board - Board Decisions

Apr 21, 1938

6 N.L.R.B. 721 (N.L.R.B. 1938)

In the Matter of MACKAY RADIO CORPORATION OF DELAWARE, INC., and
MACKAY RADIO & TELEGRAPH COMPANY, A CORPORATION and AMERI-
CAN RADIO TELEGRAPHISTS' ASSOCIATION
Cases Nos. I?-345 and R-346
CERTIFICATION OF REPRESENTATIVES
April 21, 1938
On February 26, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled case.' The Direction of Elections directed that elec-
tions by secret ballot be conducted as soon as convenient and begin-
ning as promptly as practicable after the date on which the Direc-
tion was issued, under the direction and supervision of the Regional
Director for the Second Region (New York City) among the "live
traffic" employees of Mackay Radio Corporation of Delaware, Inc.,
and Mackay Radio & Telegraph Company, who were employed
during the pay-roll period immediately preceding December 3, 1937,
excluding messengers and supervisory employees and those who
quit or were discharged for cause between such date and the date
of election, to determine whether or not they desired to be represented
by American Radio Telegraphists' Association for the purposes of
collective bargaining.
Pursuant to the Direction, elections by secret ballot were conducted
by mail under the direction and supervision of the Regional Director
for the Second Region. All returned ballots-were required to show
a postmark of not later than midnight March 28, 1938, to be counted.
Full opportunity was afforded all the parties to this investigation
to participate in the conduct of the secret ballots and to make chal-
lenges. On April 5, 1938, said Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and- Regulations-Series 1, as amended, issued and duly served
upon the parties an Intermediate Report on the elections. No objec-
tions or exceptions to the Intermediate Report were filed by any of
the parties. •
15 N. L. R B. 657
721
722 NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote______________________________ 340
Total number of ballots counted____________________________ 289
Total number of ballots cast_____________________________ 289
Total number of votes in favor of American Radio Tele-
graphists' Association, affiliated with the C. I. -------- 251
Total number of votes against American Radio Telegraphists'
Association, affiliated with the C. I. O__________________ 38
Total number of blank votes_____________________________ 0
Total number of void ballots______________________________ 0
Total number of challenged votes -------------------------- 0
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, 49 Stat. 449, herein called the Act, and pursuant to Article
III, Sections 8 and 9, of National Labor Relations Board Rules and
Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that American Radio Telegraphists' Asso-
ciation has been designated and selected by a majority of the "live
traffic" employees of Mackay Radio Corporation of Delaware, Inc.,
and Mackay Radio & Telegraph Company, exclusive of messengers
and supervisory employees, as their representative for the purposes
of collective bargaining and that, pursuant to the provisions of Sec-
tion 9 (a) of the Act, American Radio Telegraphists' Association is
the exclusive representative of such employees for the purposes of
collective bargaining in respect to wages, rates of pay, hours of work
and other conditions of employment.