Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 2, 1940

27 N.L.R.B. 605 (N.L.R.B. 1940)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING CO.
(METER DIvISION) and UNITED ELECTRICAL, RADIO & MACHINE
WORKERS OF AMERICA, LOCAL #426, AFFILIATED WITH THE CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. B-2055.-Decided October 2,1940
Jurisdiction : electrical product manufacturing industry
Investigation and Certification of -Representatives : existence of question: re-
fusal to accord recognition to union ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees exclusive of executives, supervisory employees, salai ied clerical
employees, salaried office and engineering employees, salaried technical
'employees, and police officers; no dispute as to.
Mr. C. A. Reinwald, of New York City, and Mr. T. Turner, of
Newark, N. J., for the Company. -
Mr. Samuel L. Rothbard and Mr. Peter D. Besch, of Newark, N. J.,
and Mr. Fred D. Mueller, of Irvington, N. J., for the Union.
Mr. Sidney L. Davis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 27, 1940, United Electrical, Radio & Machine Workers of
America, Local #426, affiliated with the Congress of Industrial
Organizations, herein called the Union, filed a petition, and on Au-
gust 9, 1940, an amended petition, with the Regional Director for the
Second Region (New York City), alleging that a question affecting
commerce had arisen concerning the representation of employees of
Westinghouse Electric & Manufacturing Co. (Meter Division), New-
ark, New Jersey, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to' Section 9
(c) of the National:Labor Relations Act, 49 Stat: 449, herein called
the Act. - On August 29, 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
27 N:LNo' 113. - .
605
606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Rules and Regulations-Series 2, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
On September 4, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to the notice, a hearing was held on September
16, 1940, at New York City, before Mark Lauter, the Trial Examiner
duly designated by the Board.. The Company and the Union were
represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties. At
the hearing the Trial Examiner granted, without objection, a motion
of the Union to amend its petition with respect to its claim concern-
ing the appropriate unit. This ruling is hereby affirmed. During
the course of the hearing, the Trial Examiner made several other
rulings on motions and on objections 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 case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Westinghouse Electric & Manufacturing Co. (Meter Division)
is a Pennsylvania corporation with its principal executive offices
at Pittsburgh, Pennsylvania. At its plant' known as the Newark
Works Meter Division at 95 Orange Street, Newark, New Jersey, the
plant here involved and herein called, the Newark plant, it is engaged
in the manufacture, sale, and distribution of instruments, relays, and
meters. During 1939 the Company purchased for use at the Newark
plant raw materials valued at approximately $3,098,785, of which 90
per cent were purchased outside New-Jersey. The total value of
finished products sold by the Company in 1939 and manufactured at
the Newark plant was approximately $10,295,000, of which 97 per
cent were sold and shipped outside New Jersey. The Company ad-
mits that it is engaged in interstate commerce within the meaning
of the Act.
II. THE - ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local
#426, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership all production and
maintenance employees of the Company at its Newark plant, exclusive
WEISrMNGHOUSiE ELECTRIC & MFG. CO. (MITER DIVISION) 607
of executives, supervisory employees, salaried clerical employees, sal-
aried office and engineering employees, salaried technical employees,
and police officers. '
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Company, upon request, refused to
bargain collectively with the Union as the exclusive representative
of its employees at the Newark plant, because of its uncertainty as
to whether or not the Union represented a majority of the employees
in the appropriate unit. At the hearing there was introduced in
evidence a report prepared by the Regional Director showing that,
the Union represented a substantial number of employees in the unit
found appropriate in Section V, infra.1
We find that a question has arisen concerning the 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 urges that all production and maintenance employees
at. the Newark plant, exclusive of executives, supervisory employees,
salaried clerical employees, salaried office and engineering employees,
salaried technical employees, and police officers constitute an appro-
priate unit. The Company takes no position regarding the unit but
states that if the Board makes a finding that the unit desired by the
Union is appropriate, it will have no objection to it. The operations
of the Company at its Newark plant are set forth in detail in the
record, and we see no reason for finding inappropriate the unit
requested by the Union. The unit accords substantially with the
unit we have found to be appropriate in other cases involving em-
ployees in other plants of the Company?
' The report of the Regional Director showed that of 1,461 employees in the appropriate
unit on the pay roll of July 31, 1940 , 729 had designated the Union as their representative
for the purposes of collective bargaining.
Matter o f Westinghouse Electric & Mfg . Co. and United Electrical , Radio & Machine
Workers of A merica, Local No. 612, 18 N. L. R. B. 261 ; Matter of Westinghouse Electric &
608 ` ' -DECISIONS OF -NATIONAL; _ LABOR -REI ATIONS' BOARD
We find "that- the production and maintenance employees of the
Company at its Newark plant, exclusive of executives, supervisory,
employees, salaried clerical employees, salaried office and engineer-
ing employees, salaried technical employees, and police officers, con-
stitute 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 bargain =
ing. and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Both the Union and the Company request that an election be held
to determine the question concerning representation. The Union
requests the pay-roll date nearest the hearing to determine those
employees eligible to'vote -iii the election, and the Company requests
the date nearest the election. We finct 'that the question which has
arisen concerning the representation of employees of the Company
can best be resolved by the holding of an election by secret ballot,
and we shall use as the date for determining eligibility of employees
to vote, -the pay-roll- date immediately preceding the -date of -this
Direction of Election.
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 of Westinghouse Electric & Manufacturing
Co. (Meter Division), Newark, New jersey, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. The production and maintenance employees at the Company's
Newark plant, exclusive of executives, supervisory employees, sal-
aried clerical employees, salaried office and engineering employees,
salaried technical employees, and police officers, constitute a unit
appropriate for the purposes of collective bargaining.
DIRECTION OF ELECTION -
By virtue of and pursuant to the power vested in the National'
Labor Relations Board by Section 9 (c) oft-the National Labor
Manufacturing Company/ and'United Electrical, Radio & Machine Workers of America,
Local 4/0, 23 N . L R B 521 ; Matter of Westinghouse Electric d Manufacturing company'
and United Electrical , Radio & Machine-Workers of America , Local 711 ( C I 0 ), 24
N -L , R B 601 ; and Matter of lVe'stinghouse Electric & Manufacturing Company and
United Electrical, Radio & Machine Workers of Ame"riea ,-Local No 410, 24 N L. R B 807.
WESTINGHOUSE" ELECTRIC &'MFG. CO. (MEIrEIR DIVISION) 609
Relations Act, and pursuant to Article III, Section 8, of National
Labor 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 bargain-
ing with Westinghouse Electric & Manufacturing Co. (Meter Di-
vision), Newark, 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 mat-
ter as agent for the National Labor Relations Board, and subject
to Article III, Section 9, of said Rules and Regulations, among the
production and maintenance employees of the Company at its New-
ark plant, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction of Election, including
those 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 then been temporarily laid off, but excluding executives,
supervisory employees, salaried clerical employees, salaried office
and engineering employees, salaried technical employees, police
officers, 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
x$426, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
November 10, 1940
On October 2, 1940, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings.
Pursuant to the Direction of,Election , an election by secret ballot
was conducted on October 22, 1940, under the direction and super-
vision of the Regional Director for the Second Region ( New York
City). On October 24, 1940, the Regional Director , acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued and duly served upon
the parties an Election Report. 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:
323428-42-vol. 27-40
610 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number eligible to vote_____________________________ 1,542
Total number of ballots cast ______________________________ 1,503
Total number of valid ballots______________________________ 1, 494
Total number of votes in favor of United Electrical, Radio &
Machine Workers of America, Local #426, affiliated `with
the Congress of Industrial Organizations_________________ 1,109
Total number of votes against aforementioned union------- 385
Total number of blank ballots_____________________________ 5
Total number of void ballots_______________________________ 1
Total number of challenged votes__________________________ 3
Since the three challenged ballots cannot affect the results of the
election, we find it unnecessary to pass upon the challenges.
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, 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 United Electrical, Radio & Machine
Workers of America, Local #426, affiliated with the Congress of In-
dustrial Organizations, has been designated and selected by a majority
of the production and maintenance'employees-of Westinghouse Elec-
tric & Manufacturing Co. (Meter Division), Newark, New Jersey, at
its plant at 95 Orange Street, Newark, New Jersey, exclusive of execu-
tives, supervisory employees, salaried office and engineering em-
ployees, salaried technical employees, and police officers, as their
representative for the purposes of collective bargaining, and that,
pursuant to Sectioll 9 (a) of the National Labor Relations Act, United
Electrical, Radio & Machine Workers of America, Local #426, affili-
ated 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:
27 N. L. R. B., No. 113a.