Westinghouse Radio Stations, Inc.

In the Matter Of WESTINGHOUSE RADIO STATIONS, INCORPORATED and WBZ TECHNICIANS' ASSOCIATION Case No. B-834,5.-Decided December 16'.1941 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent comparison of records. Mr. A. Howard Myers, for the Board. Mr. Walter Evans, of Boston, Mass., for the Company. Mr. John P. Moses, of Boston, Mass., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On June 17, 1941, WBZ Technicians' Association, herein called the Union, filed with the Regional Director for the First Region (Boston, Massachusetts) a petition, and on October 29, 1941, an amended petition, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Westinghouse Radio Sta- tions, Incorporated, herein called the Company, which is engaged in radio broadcasting and operating radio-broadcasting stations at Boston and Springfield, Massachusetts, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 5, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On November 23, 1941,,the Company, the Union, and the Regional Director for the Board en- tered into a "STIPULATION FOR CERTIFICATION ON CONSENT CObIPARI- SON OF RECORDS." Pursuant to the stipulation, a check by comparing the Union's application cards, roster of membership, and original ledger book 37 N L. R. B., No. 76. _ 466 WESTINGHOUSE RADIO STATIONS, INC. 467 containing a record of dues with the pay-roll and employment records furnished by the Company was conducted, under the direction and supervision of the Regional Director, among all broadcast techni- cians-employed,by the Company at radio stations WBZ, WBZA, and' WBOS, exclusive of executives and supervisory, office, and clerical employees, to determine whether or not said employees desired, to be represented by the Union for the purposes of collective bargaining with the Company. On November 25, 1941, the Regional Director issued and duly- served on the parties his ' Report on Results of Comparison by In-- spection of Records. No objections to the Report on Results of Com- parison by Inspection of Records have been filed by either of the. parties. In his report the Regional Director reported that a comparison, of the Union's records with the employment records of the Company showed that 19 out of 21 eligible employees authorized the Union to represent them for the purposes of collective bargaining with the, Company. Upon the basis of the stipulation, the Report on Results of Comparison by Inspection of Records, and the entire record in the, case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of ' employees of Westinghouse Radio Stations, Incorpo- rated, Boston and Springfield, Massachusetts, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All broadcast technicians employed at radio stations WBZ,. WBZA, and WVBOS by Westinghouse Radio Stations, Incorporated,, Boston and Springfield, Massachusetts, exclusive of executives and supervisory, office, and clerical employees, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3. WBZ Technicians' Association has been designated and selected by a majority of the employees in the above-described unit as their- representative for the purposes of collective bargaining and is the, exclusive representative of all the employees in said unit within the. meaning of Section 9 (a) of the Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 468 DECISIONS OF NATIONAL LABOR RELANIONS BOARD IT IS HEREBY CERTIFIED that WBZ Technicians' Association has been designated and selected by a majority of all broadcast tech- nicians employed at WBZ, WBZA, and WBOS by Westinghouse aclio Stations, Incorporated , Springfield and Boston, Massachu- setts, exclusive of executives and supervisory, office, and clerical employees , as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (c) of the Act, WBZ Technicians ' Association is the exclusive representa- tive of all such employees for the purposes of collective bargaining .with respect to rates of pay, wages , hours of employment, and other ,conditions of employment.