Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 18, 1940

24 N.L.R.B. 807 (N.L.R.B. 1940)

I
In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF
AMERICA, LOCAL No. 410, AFFILIATED WITH THE CONGRESS OF INDUS-
TRIAL ORGANIZATIONS
Case No. R-1767. Decided June 18, 1940
. Electrical Appliances Manufacturing Industry-Investigation of Represent-
atives: controversy concerning representation of employees : refusal by em-
ployer to recognize union as exclusive representative of employees. until
proven that it had been designated by majority of employees -Unit Appropriate,
for Collective Bargaining: all production and maintenance employees at Bloom-
field plant , excluding executives , foremen, supervisory employees , and salaried
engineering , technical, and clerical employees ; agreement as to-Election
Ordered
Mr. D. R. Dimick, for the Board.
Mr. C. A. Reinwald and Mr. R., L. Gilpatric, of New York City.
for the Company.
Mr. Samuel L. Rothbard, of Newark, N. J., for the Union.
Mr. Ralph Ricciardi, of Newark, N. J., for the Independent.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION;
STATEMENT OF THE CASE
On December 26, 1939, United Electrical, Radio & Machine Work-
ers of America, Local No. 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
representation of employees at the Bloomfield, New Jersey, plant of
-Westinghouse Electric & Manufacturing Company, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On January 6, 1940, the
Union filed an amended petition with the Regional Director. On
March 4, 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 Regula
24 N. L. R. B., No. 85.
807
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lions-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 March 12, 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 March 21,
1940, at New York City, before Joseph L. Maguire, the Trial Ex-
aminer duly designated by the Board. At the commencement of
the hearing the Employees' Independent Union of the Westinghouse
Electric & Manufacturing Company, Lamp Division, Bloomfield, New
Jersey, filed a motion to intervene in the proceedings. The motion
was denied on the' ground that the Board had held the Independent
to be dominated by the Company.' At the same time the Company
.filed a motion to adjourn the hearing in these proceedings until a
later date. The motion was denied. The Board, the Company, and
the Union, were represented by counsel, and participated in the hear-
ing. Full opportunity to be heard, to, examine and- cross-examine
witnesses, arid' to introduce evidence bearing on` the issues was af-
forded all parties. During the course of the hearing the Company
filed requests for certain subpenas duces tecum. The requests were
denied. During the course of the hearing the Union filed a motion
to amend its amended petition... The motion was granted. During
the course of the hearing the Trial Examiner made several rulings
on other motions and on objections to the admission of evidence.
The Board has reviewed all the rulings of the Trial Examiner and
finds that no prejudicial errors were comm'ittted. The rulings are
hereby affirmed.
Upon the entire record in the case, the Board makes the following :
F INDINGS OF FACT
I..THE BUSINESS OF THE COMPANY
The Company, a Pennsylvania coi.poration, maintains a place of
business on Clearfield Avenue, Bloomfield, New Jersey:, The--Bloom-
field plant is - operated by the Company's Westinghouse Lamp Di-
vision, which also operates two other plants in New Jersey; one in
Belleville, and the other in 'Trenton. This proceeding is concerned
solely with the plant at Bloomfield.
The Bloomfield plant normally employs about 2,500 employees and
manufactures, sells, and distributes lamps, power tubes, X-ray tubes,
and related articles. During 1939 the materials purchased by the
. 1Matter of Westinghouse Electric & Mltanafacturing Company and United Electrical, Radio
&'Machine Workers of America , Local #410, 1S N. L. R. B ., 300; enf 'd as mod, in Westinp-
hoiise Electric & Manufacturing Company v. National Labor Relations Board, 112 F. (2d)
657 (C. C. A. 2d).
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 809
Company for its Bloomfield plant amounted to over $4,000,000, of
which approximately 50 per cent was shipped to the Bloomfield
plant from points outside of the State of New Jersey. During the
same period, the products sold by the Company from its Bloomfield
plant amounted to over $8,000,000, of which approximately 90 per
cent. were transported to points outside.of the State.2
H. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local
No. 410, is a labor organization affiliated with the Congress of.Indus-
trial Organizations. It. admits to membership all production and
maintenance employees at the Company's Bloomfield plant, exclusive
of executives, foremen, supervisory employees, and salaried engineer-
ing, technical, and clerical employees.
III. THE, QUESTION CONCERNING. REPRESENTA.TION
On December 28, 1939, the Union sent a letter to the Company
requesting that the Company recognize it as the sole bargaining
agency for the employees at the Bloomfield plant. On January 3,
1940, the Company 'replied that it would continue to bargain col-
lectively with the Union on behalf of its members but would not
recognize it as the exclusive collective bargaining representative until
after certification by this- Board.
We find that a question has arisen concerning the representation
of employees of the Company.
JV. 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 urges that all production and maintenance employees
at the Bloomfield, New Jersey,' plant of the Company, exclusive of
executives, foremen, supervisory employees, and salaried engineering,
technical, and clerical employees constitute a unit appropriate-for
2The Company stipulated at the hearing that it was engaged in commerce within the
meaning of the Act at its Bloomfield plant, and that it would not contest the jurisdiction
of the Board on that ground. -
810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the purposes of collective bargaining. The Company stated that it
had no objection to this unit. We see no reason for, departing from
such unit.
We find that all production and : maintenance, employees at. the
Bloomfield, New Jersey, plant of the Company, excluding executives,
foremen, supervisory employees, and salaried engineering, technical,
and clerical employees constitute a unit appropriate. for the purpose
of collective bargaining and that said unit will insure to employees
of the Company full benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Union urges that the pay roll of the Company immediately pre-
ceding the date of the filing of. the petition herein be used to determine
eligibility to, participate in the election. The Company stated that
any pay-roll period was acceptable to it. In view of the time that
has elapsed since the filing of -the petition herein, we will direct that
the employees eligible to vote shall be those employees who were
employed during the pay-roll period immediately preceding the date
of the Direction herein, including employees who did not work dur-
ing such pay-roll period because they were ill or on vacation and
employees, who were then or have since been temporarily laid off,
but excluding those who have since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees at the Bloomfield, New Jersey, plant.of West-
inghouse Electric & Manufacturing Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All production and maintenance employees at the,Company's
Bloomfield, New Jersey, plant, excluding executives, foremen, super-
visory employees, and salaried engineering, technical, and clerical
employees, constitute a -unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the National
Labor Relations 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 Rela-
tions Act and pursuant to Article III, Section 8, of National Labor
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 811
Relations • Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Westinghouse Electric & Manufacturing Company, Bloomfield,
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, 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 the Company at its Bloomfield, New Jer-
sey, plant, who were employed during the pay-roll period imine-
diately preceding the date of this Direction, including employees
who did not work during such pay-roll period because they were ill
or on vacation and employees who : were, then or -have since been
temporarily laid off, but excluding executives, foremen, supervisory
employees, salaried engineering, technical, and clerical employees,
and employees 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 No. 410,
affiliated with the Congress of Industrial' Organizations, for the pur-
poses of collective bargaining.
MR. LEIsERSON, concurring :
I agree that an election should. be held at the present time, but
since .it is, not, known whether the Company has complied with the'
Board's Order: in Case No. C-770, as modified by the United States
Circuit Court of Appeals for the Second Circuit,' the Board should
not entertain any objections to the election, if the results thereof are
unfavorable to the Union, based on grounds of non-compliance by the
Company with -the Board's Order.
'See footnote 1, supra. /