Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

May 10, 1940

23 N.L.R.B. 701 (N.L.R.B. 1940)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY, LIGHTING DIVISION and METAL POLISHERS, BUFFERS, PLATERS,
SPINNERS & HELPERS INTERNATIONAL UNION, LOCAL No. 3, A. F.
OF L.
In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY, LIGHTING DIVISION and EMPLOYEES FEDERATION OF THE
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY, LIGHTING
DIVISION (UNAFFILIATED)
Cases Nos. R-1706 and R-1707, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATIONS OF REPRESENTATIVES
May 10, 1940
On March 27, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in the
above-entitled proceeding.' Pursuant to the Direction of Elections,
elections by secret ballot were conducted on April 23, 1940, under the
direction and supervision of the Regional Director for the Eighth
Region (Cleveland, Ohio). On April 25, 1940, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued an Elec-
tion Report, copies of which were duly served on the parties. No
objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
321 N. L. R. B. 1150.
23 N. L. R. B., No. 66.
701
702 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
POLIsHERs , BUFFERS, SPINNERS , PLATERS, AND THEIR HELraas
Total on eligibility list---------------------------------- 23
Total ballots cast--------------------------------------- 24
Total votes cast for Employees Federation of the, Westing-
house Electric & Manufacturing Company, Lighting
Division---------------------------------------------- 1
Total votes cast for Metal Polishers, Buffers, Platers, Spin-
ners & Helpers International Union, Local No. 3, A. F.
of L-------------------------------------------------- 16
Total votes cast for neither organization----------------- 5
Total blank ballots______________________________________ 0
Total void ballots-------------------- --------------------- 0
Total challenged votes---------------------------------- 2
CLERICAL EMPLOYEES
Total on eligibility list---------------------------------- 118
Total ballots cast--------------------------------------- 117
Total votes cast for Employees Federation of the Westing-
house Electric & Manufacturing Company, Lighting
Division---------------------------------------------- 114
Total votes cast against Employees Federation of the
Westinghouse Electric & Manufacturing Company, Light-
ing Division------------------------------------------ 3
Total blank ballots------------------------------------- 0
Total void ballots------------------------------'--------- 0
Total challenged votes__________________________________ 0
PRODUCTION, MAINTENANCE, AND SERVICE EMPLOYEES
Total on eligibility list__________________________________ 436
Total ballots cast--------------------------------------- 405
Total votes cast for Employees Federation of the Westing-
house Electric & Manufacturing Company, Lighting
Division---------------------------------------------- 366
Total votes cast against Employees Federation of the
Westinghouse Electric & Manufacturing Company, Light-
ing Division------------------------------------------ 39
Total blank ballots------------------------------------- 0
Total void ballots_______________________________________ 0
Total challenged votes__________________________________ 0
In the Decision and Direction of Elections previously referred to,
the Board made no final determination as to the appropriate unit
or units. The Board stated therein : "We find that the production,
maintenance, and service employees of the Company, at the Lighting
Division, including galvanizers, degreasers, Alzak processors and their
helpers, and policemen, and including or excluding polishers, buffers,
spinners, platers, and their helpers, depending upon the results of
the election to be directed, and including or excluding clerical em-
ployees depending upon the results of the election to be directed,
but excluding supervisory employees, constitute a unit appropriate
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 703
for the purposes of collective bargaining . . . We shall order an
election among the polishers, buffers, spinners, platers, and their help-
ers, exclusive of supervisory and clerical employees , and excluding
galvanizers, degreasers, Alzak processors and their helpers, to deter-
mine whether they wish to be represented by the Metal Polishers,
or the Federation. If these employees choose the Metal Polishers,
they will constitute a separate and distinct appropriate unit. If
they choose the Federation, they will be merged into the plant-wide
industrial unit . . . We shall . . . order an election among the cleri-
cal employees, including the engineers, the time-study employees, the
blue-print machine operator, the cost analyst, the manufacturing
analyst, the assistant purchasing agent, and the nurse , but excluding
supervisory employees, to determine whether or not they desire to
be represented by the Federation. If these employees choose the
Federation, they will be merged into the plant-wide industrial unit.
If they vote against the Federation, they will be excluded from the
said unit."
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS of FACT
1. We find that the polishers, buffers, spinners, platers, and their
helpers employed by Westinghouse Electric & Manufacturing Com-
pany, Lighting Division, Cleveland, Ohio, excluding clerical and
supervisory employees, galvanizers, degreasers, and Alzak processors
and their helpers, constitute a unit appropriate for the purposes of
collective bargaining, 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.
2. We find that the production, maintenance, service, and clerical
employees of Westinghouse Electric & Manufacturing Company,
Lighting Division, Cleveland, Ohio, including galvanizers , degreasers,
Alzak processors and their helpers, policemen, engineers, time-study
employees, the blue-print machine operator, the cost analyst, the man-
ufacturing analyst, the assistant purchasing, agent, and the nurse,
but excluding supervisory employees and polishers, buffers, spinners,
platers, and their helpers, constitute a unit appropriate for the pur-
poses of collective bargaining and that said unit will insure to em-
ployees of the Company the full benefit of their right to self-organi-
zation and to collective bargaining, and otherwise effectuate the
policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The polishers, buffers, spinners, platers, and their helpers em-
ployed by the Westinghouse Electric & Manufacturing Company,
Lighting Division, Cleveland, Ohio, excluding clerical and super-
visory employees, galvanizers, degreasers, and Alzak processors and
their helpers, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
2. The production, maintenance, service, and clerical employees
of Westinghouse Electric & Manufacturing Company, Lighting Di-
vision, Cleveland, Ohio, including galvanizers, degreasers, Alzak
processors and their helpers, policemen, engineers, time-study em-
ployees, the blue-print machine operator, the cost analyst, the manu-
facturing analyst, the assistant purchasing agent, and the nurse, but
excluding supervisory employees and polishers, buffers, spinners, plat-
ers, and their helpers, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
CERTIFICATIONS 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 Re-
lations 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 Metal Polishers, Buffers, Platers, Spin-
ners & Helpers International Union, Local No. 3, affiliated with the
American Federation of Labor, has been designated and selected by
a majority of the polishers, buffers, spinners, platers, and their
helpers of Westinghouse Electric & Manufacturing Company, Light-
ing Division, Cleveland, Ohio, excluding clerical and supervisory
employees, galvanizers, degreasers, and Alzak processors and their
helpers, as their representative for the purposes of collective bar-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
National Labor Relations Act, Metal Polishers, Buffers, Platers,
Spinners & Helpers International Union, Local No. 3, affiliated with
the American Federation of Labor, is the exclusive representative
of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment; and
IT IS HEREBY CERTIFIED that Employees Federation of the Westing-
house Electric & Manufacturing Company, Lighting Division, has
been designated and selected by a majority of the production, main-
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 705
tcnance, service, and clerical employees of Westinghouse Electric &
Manufacturing Company, Lighting Division, Cleveland, Ohio, includ-
ing galvanizers, degreasers, Alzak processors and their helpers,
policemen, engineers, time-study employees, the blue-print machine
operator, the cost analyst, the manufacturing analyst, the assistant
purchasing agent, and the nurse, but excluding supervisory employ-
ees and polishers, buffers, spinners, platers, and their helpers, as
their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the NationAl
Labor Relations Act, Employees Federation of the Westinghouse
Electric & Manufacturing Company, Lighting Division, is the ex-
clusive representative of all such employees for the purposes of col-
lective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.