Westinghouse Electric and Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 12, 1944

57 N.L.R.B. 200 (N.L.R.B. 1944)

In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING COM-
PANY , UNITED STATES NAVAL ORDNANCE PLANT , and INTERNATIONAL
UNION OF OPERATING ENGINEERS , LOCAL 327, A. F. L.
Case No. 7-,R-1748. -'Decided July 19, 1944
Beaumont, Smith, and Harris, by, Mr. Albert E.' Meder, of Detroit,
Mich., for the Company.
Mr. J. E. Crow, of Detroit, Mich., for the AFL.
Sugar and Tucker, by Mr. Jack N. Ticcker, of Detroit, Mich ., for the
UAW-CIO.
Mr. Max M. Goldman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Operating
Engineers , Local 327, A . F. L., herein called the AFL, alleging that
a question affecting commerce had arisen concerning the representa=
tion of employees -of Westinghouse Electric and Manufacturing Com-
pany, United States Naval Ordnance Plant, Centerline , Michigan,
herein called the Company , the National Labor - Relations Board pro-
vided for an appropriate hearing upon due notice before Robert J.
Wiener, Trial Examiner. Said hearing was held at Detroit, 'Mich-
igan , on May 25, 1944 . At the hearing , the Trial Examiner granted
a motion to intervene made by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
UAW-CIO, herein called the JAW-CIO. The Company , the AFL,
and the UAW-CIO appeared and participated . All parties were
afforded 'full opportunity to be heard , to examine and cross -examine
witnesses , and to introduce evidence bearing on the issues . The UAW-
CIO moved to dismiss the petition , contending that the unit sought is
inappropriate . The Trial Examiner referred the motion to the Board.
For reasons set forth hereinafter , the motion is hereby denied. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded an opportu-
nity to file briefs with the Board.
57 N. L R. B. No. 36.
200
WESTINGHOUSE ELECTRIC AND MANUFACTURING COMPANY .201
Upon the entire record in the case, the Board "makes the following :
FINDING OF.FACT
1. THE BUSINESS OF THE COMPANY
Westinghouse Electric and Manufacturing Company, a Pennsyl-
vania corporation, maintains its principal. office and place of business
at Pittsburgh, Pennsylvania. It is engaged in the manufacture, sale,
and distribution of a wide variety of electric and machinery equipment,
and operates several plants,in various States of the United States.
The only plant involved in this proceeding is the United States Naval
Ordnance Plant at Centerline, Michigan, herein called the Centerline
plant, aii instrumentality of the United States which is operated by
the Company.
At the Centerline plant the Company is engaged in the manufacture
and assembly of machined parts and electrical equipment for the
United States Navy. The annual value of these finished products
exceeds $1,000,000., Approximately 50 percent of the raw materials
used at this plant is obtained from sources outside the State of Michi-
gan, and nearly all the products manufactured or produced at the
plant are shipped to points outside the State of Michigan.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
'International Union of Operating Engineers , Local 327, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
International Union, United Automobile, Aircraft and' Agricul-
tural Implement Workers of America, UAW-CIO, affiliated with the
Congress of, Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company. , ,
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the AFL as the
exclusive bargaining representative of the operating engineers at the
Centerline plant until it, has been certified by the Board in an appro-
priate unit. ' -
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the AFL represents a substantial number of em-
ployees in the unit alleged to be appropriate.'
1 The Regional Director reported that the AFL submitted seven authorization cards
which bore apparently genuine original signatures ; that the names of all persons' appearing
on the cards were listed on the Company's pay roll of April 28, 1944, which contained the
202 DECISIONS OF\NATIONAL LABOR RELATIONS BOARD
We find that a-question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6)-and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The AFL seeks a unit of the'Company's operating engineers at its
Centerline phint, including the'chief engineer. The-UAW-CIO,^ asserts
that the unit sought is inappropriate, and that the operating engineers
should either be in a unit composed of all powerhouse employees, or in
one composed of all production and maintenance employees. The
Company takes no position as to the scope or composition of the unit
requested by the AFL.
In the maintenance division of-its Centerline plant, the Company
employs, among other Workers, a chief engineer and eight operating
engineers. The principal function of the operating engineers is to
maintain and operate the air compressor and generators in the power-
house and the air-conditioning equipment' in other buildings. They
also have the duty of seeing that the boiler operators maintain steam
and air pressure in the powerhouse.
Local 154 of the UAW-CIO, by virtue of a collective bargaining
contract with the Company, represents production and maintenance
workers in the Centerline plant, including the boiler operators at the
powerhouse. It does not, however, represent the operating engineers.
As indicated above, the UAW-CIO's position is that the operating
engineers should form part of a more comprehensive unit.
The operating engineers, however, may properly function as a sep-
arate bargaining unit since they have special skills; and constitute a
homogeneous group. On the other hand, inasmuch as their work is
integrated with that of other maintenance employees, and their inter-
ests are apparently similar to those of the average production or main-
tenance worker, the operating engineers may also be merged with the
production and maintenance employees now represented by the
UAW-CIO's local. Under these circumstances, we shall defer our
determination of the appropriate unit. , Such determination will de-
pend, in part, upon the results of the election which we hereinafter
direct.
'- There remains for consideration the supervisory status of the chief
engineer. As noted above, the Company takes no position and the
AFL requests his inclusion. The UAW-CIO contends that if, in fact,
the chief engineer is a 'supervisory employee, he should be excluded.
names of eight employees in the alleged appropriate unit ; and that'the cards were all un-
dated The Regional Director also repotted that the UAW-CIO submitted two dues
receipts ; that the names of the persons appearing on the receipts were listed on the Com-
pany's above pay roll ; and that one was dated through March , and the other through June
1944. -
WESTINGHOUSE ELECTRIC AND MANUFACTURING COMPANY 203.
The chief engineer is paid-'at a rate higher than that which the oper-,
ating engineers receive. He is the only employee who closely super-
vises the' powerhouse, and is charged with making detailed daily re-
ports to higher officials concerning its operation. We are persuaded
from the record that this employee has the power effectively to rec-
ommend changes in status of the operating engineers. In view of the
foregoing facts, we shall exclude the chief engineer.
We- shall direct- that'the question concerning representation which
has arisen be resolved by an election by secret ballot among the op-
erating engineers' of the Company's Centerline plant, excluding the
chief engineer, and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
.the status of employees, or effectively recommend -such action, who
were employed during the pay-roll period immediately preceding-the
date of the Direction of Election herein, subject to the limitations and
additions set forth in the Direction. If these employees select the
UAW-CIO as their bargaining representative, they will have thereby
'indicated a desire to be included in the more comprehensive unit of
production and maintenance employees currently represented by that
labor organization's local 154. However, should they select the AFL
as their bargaining representative, they will have thereby indicated
a desire to be established as a separate bargaining unit.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the, National, Labor Re-
lations Act, aid pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Westinghouse
Electric and Manufacturing Company, United States Naval Ord-
nance Plant, Centerline, Michigan, an-election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Seventh Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations
among the operating engineers in the Company's Centerline plant,
excluding the chief engineer, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in 'the status of employees, or effectively recommend
such action, who were employed during the pay-roll period immedi-
ately-preceding the date of this Direction, including employees who
J
204 . DECISIONS OF NATIONAL LABOR-RELATIONS' BOARD
did not work during said pay-roll period because they "were' ill or on
vacation • or temporarily laid off, and including employees in the
armed forces of the United States who, present themselves in person
at the polls, but excluding those employees who have since 'quit or
been discharged for cause and have not been rehired or reinstated
prior to the date of the election, -to determine whether they desire
to be represented by International 'Union of Operating Engineers,
Local 327, affiliated with the American Federation of Labor, or, by
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, UAW-CIO, affiliated with The Con-
gress of Industrial Organizations, for the purposes of collective
bargaining, or by neither. •
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