Publicidad Astra, et al.

36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All our employees are free to become, to remain, or to refrain from becoming or remaining, members of the above-named Union or any other labor organization, except to the extent that said right may be affected by an agreement in conformity with Section 8 (a) (3) of the Act. CHIEF FREIGHT LINES COMPANY, Employer. Dated---------------- By---------------------------------------------- (Representative ) I (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. Appendix B NOTICE TO ALL MEMBERS OF OKLAHOMA CITY GENERAL DRIVERS , WAREHOUSEMEN AND HELPERS, LOCAL UNION 886 , INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, AND TO ALL EMPLOYEES OF CHIEF FREIGHT LINES COMPANY Pursuant to the recommendations of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify you that: WE WILL NOT perform or give effect to the clause in our contract with Chief Freight Lines Company which delegates to us authority to settle controversies relating to seniority, and we will not enter into or renew a 'contract with s Company or any other employer which contains such provisions. WE WILL NOT cause or attempt to cause Chief Freight Lines Company, its officers, agents, successors or assigns, to discriminate against its employees in regard to their hire or tenure of employment or any term or condition of employment except as permitted under the Act. WE WILL NOT restrain or coerce employees of Chief Freight Lines Company in the exercise of the rights guaranteed under Section 7 of the Act, except to the extent that such rights may be affected by an agreement requiring mem- bership in a labor organization as a condition of employment as authorized by Section 8 (a) (3) of the Act. WE WILL make whole Winfred M . Cooksey for any loss of earnings he may have suffered because of the discrimination against him. OKLAHOMA CITY GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION 886, INTERNATIONAL BROTHER- HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, Labor Organization. Dated---------------- By---------------------------------------------- (Representative ) ( Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. PUBLICIDAD AsTRA, ET AL. and GREMIO DE PRENSA, RADIO, TEATRO Y TELEvISION DE PUERTO RICO, LOCAL 24929, AFL, PETITIONER. Case No. 24-RC-602. January 4,1955 Supplemental Decision and Order Amending Direction of Election On October 21,1954, the Board issued its Decision, Order, and Direc- tion of Election in this case 1 finding appropriate two units of radio talent employed by Rhdio Stations WNEL and WKAQ, respectively, 1 110 NLRB 442. 111 NLRB No. 10. PUBLICIDAD ASTRA, ET AL. 37 and dismissing the petition as to all other alleged employers, includ- ing the Publicidad Astra advertising agency and the Colgate-Palm- olive Company. Thereafter the Petitioner filed a motion to clarify the decision and postpone the election originally set for November 20, in which motion the Petitioner (1) referred to a 1951 certification fol- lowing consent election in Case No. 24-RC-166 covering a unit of announcers, control technicians, and scriptwriters employed by El Mundo Broadcasting Corporation, Radio Station WKAQ, and re- quested their elimination from the current unit finding; (2) referred to the companion case of Zerbe-Penn Advertising Co., originally con- solidated with this case,2 in which the Board found appropriate a unit of certain radio talent employed by that advertising agency, and questioned the right of such talent to vote again in the WKAQ unit; and (3) alleged that Radio Station WNEL, as of October 31, 1954, had gone out of business "through a deal with" Radio Station WKAQ, and requested a later eligibility date for former WNEL employees said to be working at WKAQ. In response El Mundo Broadcasting Corporation, the owner of Radio Station WKAQ, has filed an answer denying only the allega- tions concerning its arrangements with WNEL or the employment by it (El Mundo Corporation) of former WNEL employees. El Mundo also filed a motion for reconsideration contending that the Board's said October 21 decision should be set aside because the El Mundo Corporation itself was not a party to the proceeding, but only its Station WKAQ, that the findings were not based upon the evidence, that the certified unit of announcers, scriptwriters, and control tech- nicians was not taken into consideration in making the unit findings, and that the unit found appropriate ignored the real question put to the Board which concerned only talent on Colgate-sponsored programs. In reply the Petitioner filed an answer to El Mundo's motion for reconsideration, contending that the unit findings are correct in scope upon the record, and renewing its motion to clarify. In the course of these filings the October 21 direction of election was amended by direction of this Board to substitute the words "but not later than 60 days from the date of this Direction" for the 30-day period originally specified. The Board has now fully considered the contentions of the parties. The motion for clarification is hereby denied in part and granted in part. As to the previously certified unit and as to the eligibility to vote of alleged former WNEL employees, the said Decision and Di- rection of Election shall be amended as hereinafter indicated. The motion for reconsideration is hereby denied inasmuch as it raises no substantial issues not already fully considered by this Board. 2 See McCann Erickson Corporation et at., 107 NLRB 1492. 38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Accordingly, the unit finding in the Board's October 21, 1954, De- cision, Order, and Direction of Election, insofar as it refers to Radio Station WKAQ, is amended to exclude controlmen , announcers, and scriptwriters, and to read : We find that all employees of Radio Station WKAQ working on radio programs, including those on Colgate-Palmolive Company sponsored programs in the San Juan, Puerto Rico, area, as fol- lows : Actors, actresses, sound effects men, disk jockeys, directors,, masters of ceremonies , narrators, commentators, and recorders,, but excluding all other employees , office clerical employees, ad- ministrative and professional employees, guards, watchmen, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. In addition, we direct that any employees who would have been eligible to vote in an election held pursuant to the WNEL unit find- ing in our October 21, 1954, Decision , Order, and Direction of Elec- tion and who have, subsequent thereto, become employed by WKAQ in similar capacity , or have been broadcasting over Station WKAQ in similar capacity, shall be permitted to vote in the election held in said unit of WKAQ employees, as amended, subject, however, to, challenge concerning their said eligibility. In addition, the said direction of election of October 21 is hereby amended by substituting the words "but not later than 90 days from the date of this Direction" for the 60-day period now appearing therein. P. R. MALLORY & CO., INC. and MAYME DIETZ INTERNATIONAL UNION OF ELECTRICAL , RADIO AND MACHINE WORKERS, CIO, LOCAL 1001 and MAYME DIETZ. Cases Nos. 35-CA-508 and 35-CB-124. January 5,1955 Decision and Order On August 9, 1954, Trial Examiner Reeves R. Hilton issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent Employer had engaged in and was engaging in cer- tain unfair labor practices in violation of Section 8 (a) (3) and (1) of the Act, and that the Respondent Union had engaged in and was, engaging in certain unfair labor practices in violation of Section 8 (b) (2) and 8 (b) (1) (A) of the Act, and recommending that the Respondents cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached 111 NLRB No. 4.