Triangle Publications, Inc.

TRIANGLE PUBLICATIONS, INCORPORATED 59 In,view of all the foregoing, we see no valid reason, for postponing the election `as requested. by the Employer."' We shall, in accordance with our usual practice, direct an immediate election. [Text of Direction of Election omitted from publication.] 10 Our seasonal industry election rules, which the Employer would apply, are manifestly inapplicable to the facts of this case. Cf. Lloyd A. Fry Roofing Company, 107 NLRB 1327. Triangle Publications, Incorporated and National Association of Broadcast Employees & Technicians, AFL-CIO, Petitioner. Case No. 1-RC-4828. July 10, 1957 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Sidney A. Coven, hearing officer. 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 Act, the Board has delegated its powers in connection with this case to a three., member panel [Members Murdock, Rodgers, and Bean]. Upon the entire record in this case, the Board finds : 1. The Employer' is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.1 4. The Employer operates a radio and television station in New Haven, Connecticut. The Petitioner seeks to represent certain em- ployees at Station WNHC-AM and FM and WNHC-TV. The parties have agreed that the appropriate unit is comprised of office clerical and janitorial employees,2 but they differ as to the in- clusion of certain categories. Both agree that all the disputed cate- gories except one, the staff artist, are within the agreed unit but are, otherwise ineligible. The Employer urges that the staff artist has. interests sufficiently diverse to preclude his inclusion in the unit., 1 The Employer's motion to dismiss with respect to the Petitioner 's showing of interest is denied. Determination of a showing of interest is an administrative matter, and the Board is administratively satisfied that the Petitioner has made an adequate showing. See The Sheflleld Corporation, 108 NLRB 349 ; Emerson Electric Company, 102 NLRB 303. 2 The parties agree that Carmen, Angeloni, Arthur Brusseau,and Lillian Sullivan are, supervisors , and that Ella Saccu is a confidential employee, and are excluded from the unit. It wagrfgrther agreed that Barrett, known as production aide, is excluded from the unit, and that Barbara Draden %known asl','itchen,aide, is included in the unit. 118 NLRB No. 70. 596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The parties further are in disagreement as to whether "managerial employees" should be excluded by specific language in the unit description. We find the following employees confidential employees without deciding whether for other reasons they may also be excluded from the unit : 3 Maria Rosa is in charge of payroll preparation and the issuance of payroll checks. She prepares data showing the effect of wage ad- justments contemplated in labor contract negotiations. She is present at conferences between the general manager and office manager which relate to the interpretation of labor contracts, furnishes information and advises as to past and future effect of contract terms, and dis- cusses generally the application and carryout of labor contracts from a fiscal viewpoint.4 Ruth Luik is secretary to the program manager who is one of the executives who participates in the formulation, determination, and effectuation of management policies in the field of labor relations. She is physically located in the same office with the program manager and hears discussions as well as prepares memoranda from the pro- gram manager relative to grievances on the part of the performing employees now under contract with the Employer. Marian Hasko is secretary to the sales manager who is 1 of the executives who participates in the discussion and conferences of the 5 executives who formulate and effectuate all policies of the Employer, including labor relation discussions and decisions. In the absence of the sales manager, she negotiates and accepts orders for time from sponsors. She also assigns and reviews the work of Elaine Downes, a sales-service clerk. We find the following individuals are supervisors as defined in the Act as they responsibly direct the work of employees : Lucy D'Agostino is the billing section supervisor, responsible to the assistant office manager. She directs, reviews, and assigns work to Irma Brucker, a billing clerk, who receives approximately $15 per week less compensation than D'Agostino. Occasionally, additional employees are needed to eliminate a backlog in this section, and these employees are under the direction and responsible to D'Agostino. At times she instructs the dictaphone operator in certain transcribing she does, and she would train any new billing clerks. Arthur McGray has as his major responsibility the proper mainte- nance of the Employer's two buildings located in New Haven, one on Chapel Street and one on York Street. In carrying out this respon- sibility he is charged with the direction of two janitors, laying out their schedule of work as well as the hours they work. He requisi- 3 See Potomac Electric Power Company, 111 NLRB 553, 562, and cases cited therein. 4 See American Lit ho fold Corporation, 107 NLRB 1061, 1064. TRIANGLE PUBLICATIONS , INCORPORATED 597 tions building maintenance supplies and electronic equipment needs in the studio operations, and he issues electronic parts to technical employees. We find the following employees exercise no supervisory functions nor are they confidential employees , and we shall include them in the unit : Joan Granis is contracting clerk and secretary to the office manager. She takes care of the office manager 's correspondence , confidential or otherwise ; assists in the preparation and transcription and typing of financial reports, and assists Maria Rosa in the preparation of em- ployee and executive payrolls. The record does not show that she performs any duties with respect to labor relations. Irma Brucker is a billing clerk responsible for the maintenance of all records necessary to the billing of clients or sponsors. She has access to the Employer's gross receipts and prepares sales sections of the Employer's financial statements. Elaine Downes is a sales-service clerk and secretary to the salesmen. She assists in the preparation of sales brochures and analyzes con- tracts for the sale of time in the preparation of service order forms. We find that Pasqual lovene is a regular part-time employee and include him in the unit hereinafter found appropriate . He works regularly 5 days each week from 5 p. in., to 7 p. in., acting as a recep- tionist and guide to direct strangers, visiting dignitaries, and talent appearing on the programs. Frequently, during the year he works considerably more than his regular schedule . He receives holiday and vacation pay and all other benefits that other employees are accorded. Conrad Haller is employed as a janitor and groundskeeper at the Employer's transmitter building. The record contains no evidence that he performs guard duties. We include him in the unit. William Colrus is employed in the newly created position of staff artist. His responsibility is to display artistically on paper ideas for- mulated in the production department-a visual presentation or pic- torial result of the promotion director's ideas; to create on paper ideas to show to sponsors or audiences which may be in the form of slides or in the sales brochure of the Employer . He works primarily with the sales, program, and promotional departments. We exclude him from the clerical unit for lack of a community of interest with these employees. Accordingly, we find that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All office clerical and janitorial employees at the Employer 's radio and television station located in New Haven, Connecticut , including the kitchen aide, the secretary to the office manager, the billing clerk, 598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and the sales service clerk, the janitor and groundskeeper, and the part-time employee receptionist and guide, but excluding the produc- tion aide, the employee in charge of payroll preparation, the secretary to the program manager, the secretary to the sales manager, the billing section supervisor, the maintenance supervisor, and the staff artist, all guards, managerial employees,' confidential employees, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 5 We can perceive no reason why "managerial employees" should not be specifically set out as an exclusion in the unit description. (Capital Records, Inc. and United Electrical, Radio & Machine Workers of America, Independent, Petitioner. Case No. 21-RC- 4534. July 10, 1957 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES Pursuant to a Decision and Direction of Election dated October 8, 1956,' an election by secret ballot was conducted on November 2, 1956, under the direction and supervision of the Regional Director for the Twenty-first Region among the employees in the unit found appro- priate by the Board. Following the election, a tally of ballots was furnished the parties which shows that of 74 valid ballots cast, 9 were cast for Local 986, International Brotherhood of Teamsters, Chauf- feurs, Warehousemen & Helpers of America, AFL-CIO, herein re- ferred to as the Teamsters; 17 were cast for the Petitioner, 43 were cast for International Brotherhood of Electrical Workers, Local 1710, herein referred to as IBEW, 3 were cast against the participating labor organizations and 2 were challenged. The challenges were not sufficient in number to affect the results of the election. On November 8, 1956, the Petitioner filed timely objections to conduct affecting the results of the election. Pursuant to Section 102.61 of the Board's Rules and Regulations, the Regional Director conducted an investigation of the objections, and on February 21, 1957, issued his report on objections, in which he recommended that the objections be overruled and that the IBEW be certified as the representative of the employees in the appropriate unit. The Petitioner filed timely exceptions to the Regional Direc- tor's report. On November 2, 1956, the Petitioner filed unfair labor practice charges in Case No. 21-CA-2602 against the Employer, alleging violation of Section 8 (a) (1) (2) and (3) of the Act. These 1 Not reported in printed volumes of Board Decisions and Orders. 118 NLRB No. 66.