Westinghouse Radio Stations, Inc.

National Labor Relations Board - Board DecisionsAug 7, 1941

33 N.L.R.B. 1240 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE RADIO STATIONS, INC. OPERATING KYW and AMERICAN COMMUNICATIONS ASSOCIATION LOCAL 28 Case No. R-2782.-Decided August 7, 1941 Investigation and Certification of Representatives : stipulation for certification on consent comparison of records. Mr. Bennet F. Schaufiler, for the Board. Mr. Walter Evans, of Philadelphia, Pa., for the Company. Mr. Charles C. Smith, of Philadelphia, Pa., for the Union. Miss Edna Loeb, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On April 2, 1941, American Communications Associations, Broad- cast District #1, Eastern Branch,' herein called the Union, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Westing- house Radio Stations, Inc., herein called the Company, engaged in radio broadcasting and the operation of radio broadcasting stations, including Station KYW, Philadelphia, Pennsylvania, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the ' Act. On June ' 19, 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 investiga- tion and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice. On July 11, 1941, the Company,'the Union, and the Regional Di- rector entered into a "STIPULATION FOR CERTIFICATION ON CONSENT COMPARISON OF RECORDS." Pursuant to the Also referred to iri the petition as "Broadcast Division, Branch 28." 33 N. L . R. B., No. 207. 1240 WE'SrrINGHOUSE RADIO STATPONSI, INC. 1241 Stipulation, on July 14, 1941, the Regional Director checked the mem- bership records of the Union against the Company's pay roll of all broadcast technicians in the broadcast engineering department of Station KYW, Philadelphia, Pennsylvania, to determine whether or not said employees desired, to be represented by the Union. On July 16, 1941, the Regional Director issued and duly served upon the parties his Report on Consent Comparison of Records. No objec- tions to the conduct of the comparison or to the Report on Consent Comparison of Records have been filed by any of the parties. In his Report on Consent Comparison of Records the Regional Director reported that the results of the check indicated that of the ,16 employees on the said pay roll, 15 had designated the Union as their representative for the purposes of collective bargaining. Upon the basis of the Stipulation, the Report on Consent Compari- son 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, Inc., at Station KYW, Philadelphia, Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All broadcast technicians of the Company in the broadcast en- gineering department of Station KYW, Philadelphia, Pennsylvania, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. American Communications Association, Broadcast District #1, Eastern Branch, has been designated and selected by a majority of the employees in the above 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 National Labor Relations 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 Relations Act, IT Is HEREBY CERTIFIED that American Communications Association, Broadcast District #1, Eastern Branch, has been designated and selected by a majority of all broadcast technicians of Westinghouse Radio Stations, Inc., in the broadcast engineering department of Sta- tion KYW, Philadelphia, Pennsylvania, as their representative for the purposes of collective bargaining, and that American Communica- 1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions Association, Broadcast District #1, Eastern Branch, is the ex- clusive representative of all such employees for the purposes of collec- tive bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.