Westinghouse Electric and Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 25, 1941

34 N.L.R.B. 893 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING
COMPANY and LOCAL 107, UNITED ELECTRICAL, RADIO & MACHINE
WORKERS OF AMERICA
Case No. R-°2864.-Decided August 25, 1941
Investigation and Certification of Representatives : stipulation for Certification
on consent comparison of records.
Mr. Bennet F. Schaufer and Mr. Jerome I. Maeht, for the Board.
Mr. B. A. McCarty, of Lester, Pa., for the Company.
Mr. E. P. Hanlon, of Essington, Pa., and Mr. M. H. Goldstein, of
Philadelphia, Pa., for the Union.
.Miss Edna Loeb, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 16, 1941, Local 107, United Electrical, Radio & Machine
Workers of America, herein called the Union, filed with the Regional
Director for the Fourth Region (Philadelphia, Pennsylvania) a peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of employees of Westinghouse Electric and Manu-
facturing Company, herein called the Company, engaged at Lester,
Pennsylvania, in the manufacture, sale, and distribution of steam
turbines, reduction gears, steam condensers, and auxiliary apparatus
for industrial and central station plants and ship propulsion, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On July 15, 1941, the National Labor Rela-
tions 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 in-
vestigation and authorized the Regional Director'to conduct it and to
provide for an appropriate hearing upon due notice. On July 30,
1941, the Company, the Union, and the Board entered into a "STIPU-
LATION FOR CERTIFICATION ON CONSENT COMPARI-
SON OF RECORDS."
34 N. L. R. B., No. 100.
$93
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the Stipulation, on July 31, 1941, the Regional Direc-
tor checked the authorization and membership records of the Union
against the Company's pay roll covering all employees in its office
building at Lester, Pennsylvania, excluding officers and executives
of the Company, and supervisory employees having the right to
recommend the discharge of other employees, to determine whether
or not said employees desired to be represented by the Union. On
August 4, 1941, the Regional Director issued and duly served upon
the parties his Report on Consent Comparison of Records.' No ob-
jections to the conduct of the comparison or to the Report on Consent
Comparison of Records, as amended, have been filed by any of the
parties.
In his Report, as amended, the Regional Director reported that the
results of the comparison of the authorization and membership rec-
ords of the Union showed that four hundred and five (405) of the
six hundred and seventy-two (672) eligible employees had authorized
the Union to represent them for the purposes of collective bargaining.
Upon the basis of the Stipulation, the Report on Consent Com-
parison of Records, as amended, 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 Electric and Manufacturing
Company, Lester, Pennsylvania, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Company in its office building at Lester,
Pennsylvania, excluding officers and executives of the Company and
supervisory employees having the right to recommend the discharge
of other employees, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
.3. Local 107, United Electrical, Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of the employees in
the above 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 National
Labor Relations Act.
1 On August 11, 1941 , the Regional Director issued and duly served upon the parties an
Amended Report on Consent Comparison of Records merely for the purpose of correcting
the Company's address as stated in the original Report,
WESTINGHOUSE ELECTRIC & MANUFACTURING co.'895
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
Relations Act,
IT Is HEREBY CERTIFIED that Local 107, United Electrical, Radio &
Machine Workers of America, affiliated with the Congress of Indus-
trial Organizations, has been designated and selected by a majority
of all employees of Westinghouse Electric and Manufacturing Com-
pany in its office building at Lester, Pennsylvania, excluding officers
and executives of Westinghouse Electric Manufacturing Company
and supervisory employees having the right to recommend the dis-
charge of other employees, as their representative for the purposes
of collective bargaining, and that pursuant to Section 9 (a) of the
Act, Local 107, United Electrical, Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organizations, 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. '
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Certification of Representatives.