030 NLRB 243
WGAL, Inc.
In the Matter of WGAL,
INCORPORATED and ASSOCIATED BROADCAST
TECHNICIANS UNIT, INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS
In the Matter Of YORK BROADCASTING COMPANY and ASSOCIATED BROAD-
CAST TECHNICIANS UNIT, INTERNATIONAL BROTHERHOOD OF ELEC-
TRICAL WORKERS
In the Matter of DELAWARE BROADCASTING COMPANY and ASSOCIATED
BROADCAST TECHNICIANS UNIT, INTERNATIONAL
BROTHERHOOD OF
ELECTRICAL WORKERS
In the Matter of WDEL,
INCORPORATED and ASSOCIATED BROADCAST
TECHNICIANS TJNIT, INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS
Cases Nos. R-1992 to R-1995 inclusive
.SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
On September 23, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding., - Pursuant to the Direction, separate elec-
tions by secret ballot were conducted on October 14, 1940, under the
direction and supervision of the Regional Director for the Fourth
Region (Philadelphia, Pennsylvania), among the transmitter opera-
tors employed respectively by WGAL, Incorporated, herein called
WGAL; York Broadcasting Company, herein called WORK; Dela-
ware Broadcasting Company, herein called WILM; and WDEL, In-
corporated, herein called WDEL. The above-named employers are
herein collectively called the Companies-
On October 15, 1940, tlw
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties an Elections Report.
1 27 N L R B 389.
3O N.L. R B, No 33
440135-42-Vol 30--17
243
244 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
WGAL, Incorporated (WGAL)
Total eligible to vote________________________________________
3
Total number of valid ballots east__________________________
3
Total number of ballots cast for Associated Broadcast Techni-
cians Unit, International Brotherhood of Electrical Workers-
1
Total number of ballots cast against Associated Broadcast Tech-
nicians
Unit,
International'
Brotherhood
of
Electrical
Workers -------------------------------------------------
2
Total number of blank ballots_______________________________
01
Total number of void ballots________________________________
0
Total number of challenged ballots__________________________
0
.York Broadcasting Company (WORK)
Total eligible to vote----------------------------------------
3
Total number of valid ballots cast ---------------------------
3
Total number of ballots cast for Associated Broadcast Techni-
cians Unit, International Brotherhood of Electrical Workers_
1
Total number of ballots cast against Associated Broadcast Tech-
nicians
Unit,
International
Brotherhood
of
Electrical
Workers -------------------------------------------------
2
Total• number of blank ballots_____________
0
Total number of void ballots___________________________0
Total number of challenged ballots__________________________
0
Delaware Broadcasting Company (WILM)
Total eligible to vote -----------------------------------------
3
Total number of valid ballots cast__________________________ '
3
Total number of ballots cast for Associated Broadcast Techni-
cians Unit, International Brotherhood of Electrical Workers_
1
Total number of ballots cast against Associated Broadcast Tech-
nicians
Unit,
International
Brotherhood
of
Electrical
Workers -------------------------------------------------
2
Total number of blank ballots_______________________________
Total number of void ballots________________________________
Total number of challenged ballots ---------------------------
WDEL, Incorporated (WDEL)
0
0
0
Total eligible to vote______________________________________
2
Total number of valid ballots cast_________________________
2
Total number of ballots cast for Associated Broadcast Techni-
cians Unit, International Brotherhood of Electrical Workers_
2
Total number of ballots cast against Associated Broadcast
Technicians
Unit, International
Brotherhood of Electrical
Workers -------------------------------------------------
0
Total
umbe
of blank ballots
Total
______________________________
n
r
number of void ballots
0
--------------------------------
0
Total
munber of challenged ballots --------------------- .___
0
WGAL, INCORPORATED -
245
On October 19, 1940, Associated Broadcast Technicians Unit, Inter-
national Brotherhood of Electrical Workers, herein called the Union,
filed objections to the conduct of the elections among employees of
WGAL, WORK, and WILM and to the Elections Report, in so far
as it related to those elections.
On November 18, 1940, the Com-
panies filed with the Regional Director an answer to said objections.
On January 8, 1941, the Regional Director issued and duly served
upon the parties his Report on- Objections to the Elections .
The Re-
gional Director recommended therein that the Union be certified as the
exclusive bargaining representative of the transmitter operators at,
WDEL; that a hearing be held on said objections in so far 'as they
relate to 'WILM ; and that the objections relating to employees of
WGAL and WORK be dismissed. On January 21, 1941, the Com-
panies filed an answer to the Regional Director's report on objections
to the elections.
The Board has fully considered the objections, the Companies'
answer thereto , the Regional Director 's report on said objections, and
the Companies' answer thereto, and agrees with the recommendations
of the Regional Director.
The results of the elections show that the Union has been selected
by a majority of employees of WDEL in an appropriate unit and
the Board will so certify.
_ The Board finds that the Union 's objections raise substantial and
material issues concerning the election held among employees of
WILM. The case involving WVILM will be severed from this pro-
ceeding for such further action as may be deemed necessary by the
Board.
The Board finds that the objections of the Union raise no substan-
tial or material issue in so far as they relate to the elections held
among employees of WGAL or WORK or to the Elections Report
thereon.
Inasmuch as the results of the elections show that no col-
lective bargaining representative has been selected by a majority of
the employees of WGAL or WORK in an appropriate unit, the Union's
petition for investigation and certification of employees of those
companies will be dismissed.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of 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 2, as
amended,
IT IS HEREBY CERTIFIED that Associated Broadcast Technicians Unit,
International Brotherhood of Electrical Workers, has been designated
246
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and selected by a majority of all transmitter operators employed by
WDEL, Incorporated, Wilmington, Delaware, as their representative
for the purposes of collective bargaining, and that pursuant to Sec-
tion 9 (a) of the National Labor Relations Act, Associated Broad-
cast
Technicians
Unit, International
Brotherhood of Electrical
Workers, is the exclusive representative of all such employees for
the purposes of 'collective bargaining in respect-to rates of pay, wages,
hours of employment, and other conditions of employment.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Section 10 (c), (4) of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY ORDERED that the case of Delaware Broadcasting Com-
pany, Wilmington, Delaware, be, and it hereby is, severed from the
other cases involved in this proceeding.
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 Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY FURTHER ORDERED that the petitions for investigation
and certification of representatives of employees of WGAL, Incor-
porated, Lancaster, Pennsylvania, and York Broadcasting Company,
York, Pennsylvania, filed respectively by Associated Broadcast Tech-
nicians Unit, International Brotherhood of Electrical Workers, be,
and they hereby are, dismissed.
-