Movielab Video, Inc. And National Association Of Broadcast Employees And Technicians, Afl-Cio, Petitioner.

MOVIELAB VIDEO, INC 77 Movielab Video, Inc. and National Association of Broadcast Employees and Technicians, AFL- CIO, Petitioner. Case 2-RC-19693 18 September 1984 DECISION AND CERTIFICATION OF REPRESENTATIVE BY MEMBERS ZIMMERMAN, HUNTER, AND DENNIS The National Labor Relations Board, by a three- member panel, has considered objections to an election held 1 March 1984 and the Regional Di- rector's report recommending disposition of them The election was conducted pursuant to a Stipulat- ed Election Agreement The tally of ballots shows nine for and eight against the Petitioner, with no challenged ballots The Board has reviewed the record in light of the exceptions and brief, has adopted the Regional Director's findings and recommendation, as modi- ' In adopting the Regional Director s recommendation that the Em ployer s objection be overruled we find, contrary to the Regional Direc tor, that the Petitioner s allegedly objectionable promise to waive initi ation fees is not ambiguous By including the parenthetical phrase (all of you) in the statement in question, and by sending the letter to all em ployees and not just those who had evidenced support for the Union The Petitioner made it clear that initiation fees were waived for all em ployees in the unit, not just those who join before the election The Pell tioner s statement thus meets the requirements established by the Supreme tied,' and finds that a certification of representative should be issued 2 CERTIFICATION OF REPRESENTATIVE IT IS CERTIFIED that a majority of the valid bal- lots have been cast for National Association of Broadcast Employees and Technicians, AFL-CIO and that it is the exclusive collective-bargaining representative of the employees in the following appropriate unit All full-time and regular part-time editors, as- sistant editors, dubbers, maintenance engineers, colorists, assistant colorists, and shipping and receiving clerks employed by Movielab Video, Inc at its video tape post production facility located at 619 West 54th St, New York, New York, excluding all office clerical employees, librarians, schedulers, receptionists, custodian!- porters, guards, all other employees, and su- pervisors as defined in the Act Court in Savcor Mfg Co, 414 U S 270 (1973) That the waiver was open to all unit employees both before and after the election is reinforced by the further statement in the letter that By joining NABET as a result of this election you will get in for free 2 Although the Regional Director recommended that the Employer s objection be overruled, he inadvertently recommended the Issuance of a certification of results of election rather than a certification of represent ative 272 NLRB No 11