Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

May 3, 1940

23 N.L.R.B. 521 (N.L.R.B. 1940)

In the Matter of WESTINGHOUSE ELECTRIC) & MANUFACrURING COM-
PANY 1 and UNITED ELECYI'RICAL, RADIO & MACHINE WORKERS
OF AMERICA, LOCAL 410
Case No. B-1790.-Decided May 3, 1940
Electric Equipment Manufacturing Industry-Investigation of Representa-
tives : controversy concerning , representation of employees : refusal of Company,
to recognize Union until certified by Board-Unit Appropriate for Collective
Bargaining : all production and maintenance employees , including truck drivers
and watchmen , excluding office and engineering employees , supervisors, and
foremen ; watchmen included in the unit at the request of the only labor
organization involved-Election Ordered
Mr. Richard J. Hickey, for the Board.
Mr. C. A. Reinwald, of New York City, for the Company.
Mr. Samuel L. Rothbard, of Newark, N. J., for the Union.
Mr. Leo B. Fee, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 2, 1940, United Electrical,, Radio & Machine Workers
of America, Local 410, herein called the Union, filed with the Regional
Director for the Second Region (New York City), a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Westinghouse Electric & Manufacturing
Company, Lamp Works, Belleville,, New Jersey,, herein called the,
Company, and requesting an investigation and certification of repro-.
sentatives pursuant to Section 9 (c) of the National Labor Relations,
Act, 49 Stat. 449, herein called the Act. On March 12, 1940, 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,
1 Incorrectly designated in the petition as Westinghouse Electric & Manufacturing Co.,
Inc. At the hearing the petition was amended to indicate the correct name
23 N. L . R. B., No. 41.
521
522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On March 26, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to the notice, a hearing was held on April 8, 1940,
at New York City before Berdon M. Bell, the Trial Examiner duly
designated by the Board. The Board, the Company, and the Union
were represented by counsel and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner ruled
on a motion and on an objection to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds that
no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the proceeding, the Board makes the
following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Westinghouse Electric & Manufacturing Company is a Pennsyl-
vania corporation, owning and operating a number of factories and
plants throughout the United States, one of which, located at 720
Washington Avenue, Belleville, New Jersey, herein called the Belle-
ville plant, is the plant here involved. The Company is engaged at
its Belleville plant in the manufacture of lamps, X-ray tubes, power
tubes, and related products. During the year 1939 the Company
purchased raw materials for use at its Belleville plant of a value
of approximately $800,000, of which approximately 75 per cent were
purchased and shipped to the plant from points outside the State
of New Jersey. During the same year, the Company manufactured
at its Belleville plant products of a value of approximately $1,700,000,,
of which approximately 22 per cent were sold and shipped to points
outside the State of New Jersey.
The Company normally employs approximately 179 employees at
the Belleville plant.
II. THE ORGANIZATION INVOLVED
United Electrical,' Radio & Machine Workers of America, Local
410, is a labor organization, affiliated with the Congress of Industrial
Organizations, admitting to its membership production and main-
tenance employees of the Company at its Belleville plant.
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 523
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing the parties stipulated that the Union requested
the Company to recognize it as the exclusive collective bargaining
representative of the Company's employees at the Belleville plant
and that the Company refused to recognize the Union as such unless
and until it is certified as such by the Board.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close , intimate , and substantial
relation to trade, traffic , and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union claims that the appropriate unit consists of all pro-
duction and maintenance employees at the Belleville plant, including
the truck driver but excluding office and engineering employees,
supervisors, and foremen. The Company raised no objection to such
a unit but contended that watchmen should be excluded from the unit.
The Union contended that watchmen should be considered as included
in the above-mentioned unit as part of the maintenance staff.
The watchmen are paid, as are most of the employees, on an
hourly basis and some of them are members of the Union. The only
labor organization here involved desires their inclusion within the
appropriate unit. Under these circumstances, we shall include them.
We find that all production and maintenance employees of the
Company at its Belleville plant, including truck drivers and watch-
men, but excluding office and engineering employees, supervisors, and
foremen, constitute a unit appropriate for purposes of collective bar-
gaining and that said unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
Y See Matter of Willya Overland Motors, Inc. and International Union, United Auto-
mobile Workers of America, Local No . 12, 9 N . L. R. B. 924; Matter of Agwilines, Inc.,
doing business under the trade name of Clyde-Mallory Lines and Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station Employees , 12 N. L. R, B.
366.
524 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
VI. THE D TERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by an election by secret ballot.
At the hearing, the Union requested that employees eligible to vote
in the election should be those who were employed during the pay-roll
period ending March 15, 1940. The Company did not object thereto.
We interpret the request of the Union to mean that those eligible
to vote in the election shall be all employees within the appropriate
unit who were employed during the pay-roll period ending March
15, 1940, including employees who did not work during such pay-roll
period because they were ill, on vacation, or temporarily laid off,
but excluding those who have since quit or been discharged for cause,
and we shall so direct.
Upon the basis of the above findings of fact and upon the entire
record ih the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Westinghouse Electric & Manufacturing
Company, Lamp Works, Belleville, New Jersey, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company at
its Belleville plant, including truck drivers and watchmen, but ex-
cluding office and engineering employees, supervisors, and foremen,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
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 Relations
Act and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board'c
to ascertain representatives for the- purposes of collective bargaining
with Westinghouse' Electric & Manufacturing Company, Lamp
Works, Belleville, New Jersey, 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 of Election, under the direction and
supervision of the Regional Director for the Second Region, acting in,
this matter as agent for the National Labor Relations Board and'
subject to Article III, Section 9, of said Rules and Regulations,
among all production and maintenance employees of Westinghouse
Electric & Manufacturing Company at its Belleville plant, Belleville,
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 525
New Jersey, who were employed by it during the pay-roll period
ending March 15, 1940, including truck drivers, watchmen, and em-
ployees who did not work during such pay-roll period because they
were ill, on vacation, or temporarily laid off, but excluding office and
engineering employees, supervisors, foremen, and 'those who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by United Electrical, Radio & Machine
Workers of America, Local 410, for the purposes of collective
bargaining.