Southwestern Michigan Broadcasting Co.

30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD is handled at each plant by the plant superintendent. Practically all employees are hired at each plant as common laborers at the same minimum rate of pay, and those more adept are trained at the plant for semiskilled and skilled plant jobs. Skills at the lumber plant and sawmill are comparable. Different skills are required at the furni- ture plant. There is little employee contact between the sawmill and the other two plants and employees are not interchangeable. Under these circumstances, we find that employees at the lumber plant, the furniture plant, and the sawmill, respectively, constitute separate appropriate bargaining units.2 In view of the fact that the Petitioner has not made an adequate showing of representation as to employees of the lumber plant, however, we shall make no formal unit finding as to these employees and shall not direct an election among them at this time.3 The following employees of the Employer constitute separate units appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b.) of the Act : (1) All employees at the Employer's furniture plant, known as Schoolfield Industries, Division of Mullins Lumber Company, Mul- lins, South Carolina, excluding office clerical employees, watchmen, and supervisors, as defined in the Act. (2) All employees of the Employer's sawmill at Hasty Point, South Carolina, excluding office clerical employees, watchmen, and super- visors, as defined in the Act. [Text of Direction of Elections omitted from publication in this volume.] 2 Burrus Timber Products, Inc., 87 NLRB 1561 ; Seaboard Packing Company, 91 NLRB S61 , Booth Fisheries Corporation, 91 NLRB' 363 8 Chase Aircraft Company, Inc., 91 NLRB 288. HAROLD F. GROSS D/B/A SOUTHWESTERN MICHIGAN BROADCASTING COMPANY and DETROIT CHAPTER, NATIONAL ASSOCIATION OF BROAD- CAST ENGINEERS AND TECHNICIANS ( INDEPENDENT), PETITIONE11. Case No. 7-RC-1097. April 26,1951 Supplemental Decision and Certification of Representatives Pursuant to a Decision and Direction of Elections 1 in the above- entitled proceeding, the Regional Director for the Seventh Region conducted a representation election among the employees of the Em- ployer at Kalamazoo, Michigan, on February 13, 1951. Such election was conducted by mail ballot. 1 92 NLRB No. 230. 94 NLRB No. 17. SOUTHWESTERN MICHIGAN BROADCASTING COMPANY 31 Upon the conclusion of the election, a tally of ballots was furnished the parties in accordance with the Rules and Regulations of the Board. The tally shows that of the four eligible voters, three cast valid ballots for the Union, and one was challenged. Thereafter, on February 15, 1951, the Employer filed timely objec- tions to the conduct of the election . In accordance with the Board's Rules and Regulations, the Regional Director investigated the objec- tions. On February 21, 1951, the Regional Director issued and duly served upon the parties his report on objections in which he recom- mended that the Employer's objections be dismissed. On February 26, 1951, the Employer timely filed exceptions to the report on objections. The objections of the Employer allege, in substance , as basis for setting aside the election : ( 1) That the Regional Director proceeded, over the objection of the Employer, to conduct a mail ballot election shortly after the Petitioner had filed unfair labor charges against the Employer, and prior to an investigation having been made by the Regional Director ; (2) that a mail ballot election under the circum- stances was entirely unjustified and did not preserve to the employees the guaranty of an election in the "most perfect possible atmosphere"; (3) t'iat to conduct a representation election entirely by mail ballot is to ignore the Act's requirement of a secret ballot and results in a void election. As regards the first objection , a waiver has been filed by the Pe- titioner of its right to object to the proceeding on the basis of the unfair labor practice charge which it has filed against the Employer. The Board has repeatedly held that the Regional Director may pro- ceed with an election after a waiver has been secured.2 The second and third objections deal with the validity and pro- priety of conducting an election by mail. The Board has held that a Regional Director has broad discretion in arranging the details of the election, including, in appropriate instances, determination as to whether to conduct the election in whole or in part by mail.3 It appears from the report of the Regional Director that there were three alternatives as to methods of holding this election . One, per- mitting the employees to cast their ballots on the Employer's premises at a time suggested by the Employer; 4 another, voting the employees at different times throughout the day; and third, using a mail ballot. 2 Victor Chemical Works, 85 NLRB 495 ; Stow and Davis Furniture Co., 92 NLRB 80 8 North American Aviation, Inc., 81 NLRB 1046. * In its exceptions the Employer alleges, as a fourth alternative , that the Board's -representative could have conducted manual balloting at another time and at a place other than the Employer 's premises . Under the circumstances of this case . however, and particularly the small numbei of employees involved and the differences In their shifts and work locations , we are of the opinion that the Regional Director reasonably -considered the various possible alternatives in holding the election. 32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Regional Director states that only after due. consideration of all the facts did he decide that the election should be conducted by mail. Nothing has been offered to persuade the Board that the Re- gional Director abused his discretion. The Employer in its exceptions relied on substantially the same grounds set forth in its objections. Having considered the entire record in the case, we accept the Regional Director's findings. We find, therefore, that the objections filed by the Employer raise no substantial and material issues with respect to the conduct of the election, and they are hereby overruled. Certification of Representatives IT Is HEREBY CERTIFIED that the Detroit Chapter, National Associa- tion of Broadcast Engineers and Technicians (Independent) has been designated and selected by a majority of the Employer's radio engi- neers and technicians who operate those facilities of the engineering department of Harold F. Gross d/b/a Southwestern Broadcasting Company used in the transmission, conversion, and conduction of audio, FM, and radio frequencies for use in broadcast, rebroadcast, audition, rehearsal, recording, and "on the air playback" at its radio station WGFG, Kalamazoo, Michigan, excluding all clerical help, announcers, all other employees, and all supervisors as defined in the Act as their representative for the purposes of collective bargaining and that pursuant to Section 9 (a) of the Act, the aforesaid labor organization, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. MEMBERS HOUSTON and REYNOLDS took no part in the considera- tion of the above Supplemental Decision and Certification of Representatives. STERLING FURNITURE COMPANY and CIIAR.LES O . BARNES CARPET, LINOLEUM & SOFT TILE WORKERS , LOCAL No. 1235 and CHARLES 0. BARNES. Cases Nos. 2O-CA-350 and 0O-CB-109. April 27, 19.51 Decision and Order On November 7, 1950, Trial Examiner Hamilton Gardner issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent Company and the Respondent Union had engaged in and were engaging in certain unfair labor practices and recommend- ing that they cease and desist therefrom and take certain affirmative 04 NLRB No. 20.