W. K. B. H., Inc.

In the Matter of W. K. B. H., INC.,' EMPLOYER and AMERICAN FEDERATION OF RADIO ARTISTS INTERNATIONAL, A. F. of L., PETITIONER Case No. 18-RC-142.-Decided January 7, 194.9 DECISION AND ORDER Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. American Federation of Radio Artists International, A. F. of L., hereinafter called the Petitioner, is a labor organization claiming to represent employees of the Employer. 3. The alleged question concerning representation : The Employer has for some time recognized the Petitioner as the exclusive bargaining representative of all its employees in the classi- fications of announcers, news editors, continuity writers, clerks and stenographers. At the hearing, the Employer did not question the majority status of the Petitioner and admitted that it had a contract with the Petitioner as the recognized bargaining representative of such employees.2 I The Petitioner's name appears as amended at the hearing. *Reynolds, Murdock, and Gray. 2 The parties are in dispute as to the confidential status of two employees , by the name of Marian Schultz and Cora Hauser, respectively. Cora Hauser, who is classified as a bookkeeper, has access to various business con- tracts, records, and reports, which the Employer considers confidential , but has no duties of a confidential nature with respect to matters concerning labor relations . Under the 81 N. L. R. B., No. 9. 63 64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Accordingly, we find that no question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act .3 ORDER Upon the basis of the entire record in this case, the National Labor Relations Board hereby orders that the petition filed in the instant matter be, and it hereby is, dismissed. circumstances , we are of the opinion that Cora Hauser is not a confidential employee within the meaning of the Act. Marian Schultz is classified as a private secretary to the manager and president of the Employer , an executive charged with the handling of the Employer 's labor relations. Although Schultz does not at present perform duties with respect to matters concerning labor relations , such duties are normally performed by an employee in her classification. Moreover, the Employer indicated that it desired to have Schultz perform duties of this character in the future . We are of the opinion that the position occupied by Schultz is that of a confidential employee within the meaning of the Act, and upon assumption of the full duties thereof, Schultz will be ineligible to inclusion within the unit represented by the Petitioner. 3 Matter of Merrill-Steffens Dry Dock & Repair Company, 79 N. L R B. 962.