KMOX Broadcasting Station

In the Matter of KMOX BROADCASTING STATION and S'r. Louis LOCAL, AMERICAN FEDERATION OF RADIO ARTISTS, AFFILIATED WITH A. F. OF L. In the Matter of KWK BROADCASTING STATION and ST. Louis LOCAL, AMERICAN FEDERATION OF RADIO ARTISTS, AFFILIATED WITH A. F. of L. In the Matter of KSD BROADCASTING STATION and ST. Louis LOCAL, AMERICAN FEDERATION OF RADIO ARTISTS, AFFILIATED WITH A. F. of L. In the Matter of WEW RADIO STATION and ST. Louis LOCAL, AMERI- CAN FEDERATION OF RADIO ARTISTS, AFFILIATED WITH A. F. of L. Cases Nos. R90, R981, R-983, and R-.98jp, respectively SUPPLEMENTAL DECISION AND ORDER April 3, 1939 On December 12, 1938, the National Labor Relations Board, herein called the Board, issued a Decision, Certification of Representatives, and Direction of Elections in the above-entitled proceeding? On January 20, 1939, the Board issued a Supplemental Decision and Certification of Representatives,2 and on February 2, 1939, a Certifi- cation of Representatives.3 The Direction of Elections directed, inter alia, that an election by secret ballot be conducted within thirty (30) days from the date of the Direction among all staff actors, singers, and announcers, and all free-lance actors, singers, and an- nouncers employed by Thomas Patrick, Inc., at Radio Station KWK, St. Louis, Missouri, who performed before the microphone in a regular program at such station from March 1 through May 31, 1938, including minors, but excluding "hillbillies" and staff actors, singers, and announcers who had quit or had been discharged for cause since March 1, 1938, to determine whether or not they desired to be rep- ' 10 N L. R. B. 479. 2 ION L R B. 490. •'11 N L. R. B. 0. 12 N. L. It. B., No. 8. 57 58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD resented by St. Louis Local, American Federation of Radio Artists, <<ffiliated with A. F. of L., for the purposes of collective bargaining. Pursuant to the Direction of Elections, an election by secret ballot was conducted on January 6, 1939, under the direction and super- vision of the Regional Director for the Fourteenth Region (St. Louis, Missouri). Full opportunity was accorded to all the parties to this investigation to participate therein and to make challenges. On January 7, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regu- lations-Series 1, as amended, issued an Intermediate Report on the election, copies of which were duly served upon the parties on January 10, 1939. As to the balloting and its results, the Regional Director reported as follows : Total Number Eligible to Vote______________________________ 29 Total Number of Ballots Cast_______________________________ 24 Total Number of Votes for St. Louis Local, American Federa- tion of Radio Artists, affiliated with A F. of L_____________ 7 Total Number of Votes against St. Louis Local, American Federation of Radio Artists , affiliated with A. F. of L______ 12 Total Number of Challenged Ballots_________________________ 5 Total Number of Void Ballots__________ _____________________ 0 Total Number of Blank Ballots ------------------------------ 0 The challenged ballots were not counted nor ruled upon by the Re- gional Director since they could not have materially affected the results of the election. On January 10, 1939, the Union filed with the Regional Director objections to the election, contending that "officials and representa- tives of Thomas Patrick, Inc., coerced and intimidated its employees who were employed at Radio Station KWK to vote against the St. Louis Local, American Federation of Radio Artists, affiliated with the American Federation of Labor, by threatening them in their tenure of employment, and also coerced said employees by offering them inducements to vote against the St. Louis Local, American Federation of Radio Artists, or to abstain from voting." On March 25, 1939, the Regional Director informed the Board that although afforded ample opportunity to do so, the Union had failed to submit any evidence which raises a substantial and material issue with re- spect to the conduct of the election. The Regional Director also informed the Board that an investigation had been conducted under her direction but that said investigation had failed to raise a sub- stanti al and material issue with respect to the conduct of the election. The Regional Director certified that the secret ballot was fairly and impartially conducted, that the ballots cast were duly and fairly counted under her supervision, and that statements to such effect KMMOt BROADCASTING COMPANY 59 from the tellers had been filed with her. We have considered the objections to the election, together with the report of the Regional Director thereon, and find that they do not warrant setting aside the election. The objections to the election are hereby overruled. The results of the election show that no collective bargaining rep- resentative has been selected by a majority of the employees within an appropriate unit. The petition for investigation and certification of representatives of employees of Thomas Patrick, Tie., at Radio Station KWK, St. Louis, Missouri, will therefore be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY ORDEimD that the petition for investigation and certifi- cation of representatives of employees of Thomas Patrick, Inc., at Radio Station KWK, St. Louis, Missouri, filed by St. Louis Local, American Federation of Radio Artists, affiliated with A. F. of L., be, and it hereby is, dismissed.