Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

May 29, 1941

32 N.L.R.B. 188 (N.L.R.B. 1941)

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY,
EAST PITTSBURGH PLANT and LOCAL No. 601, UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA (CIO)
Case No. R-2.533.-Decided May 29, 1941
Jurisdiction : electrical apparatus manufacturing industry.
Investigation and Certification of Representatives : existence of question: con.
fiicting claims of rival representatives ; elections necessary.
Unit Appropriate for Collective Bargaining
The Board having previously found that one plant of the Company has
two separate appropriate units-one for hourly rate employees and one for
salaried employees-ordered an election pursuant to stipulation of the parties
in each of three departments of the plant having both hourly rate employees
and salaried employees to determine which unit should include each of
these departments. _
Mr. William E. Miller, of Pittsburgh, Pa., for the Company.
Mr. Charles Newell and Mr. Hugh Harley, Jr., both of East Pitts-
burgh, Pa., for the United.
Mr. R. H. Allison, of Pittsburgh, Pa., for the Association.
Mr. Joseph C. -Gill, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On April 25, 1941, United Electrical, Radio & Machine Workers of
America, Local No. 601, herein called the United, filed with the Re-
gional Director for the Sixth Region (Pittsburgh, Pennsylvania) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of the Westinghouse Electric
& Manufacturing Company, herein called the Company, at its East
Pittsburgh plant, located in East Pittsburgh, Pennsylvania, and re-
questing an investigation and certification of-representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On September 24, 1940, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations Board
32 N. L. R. B., No. 41.
188
WESTINGHOUSE ELECTRIC, &:-MANUFACTURING CO. 189
Rules and Regulations-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 May 2, 1941, the Regional Director issued a notice of hearing
which was duly served upon the Company, the United, and the Associ-
ation of Westinghouse Salaried Employees, herein called the Associa-
tion, a labor organization claiming to represent employees of the Com-
pany at the East Pittsburgh plant. Pursuant to notice, a hearing was
held in Pittsburgh, Pennsylvania, on May 6, 1941, before Robert H.
Kleeb, the Trial Examiner duly assigned by the Chief Trial Examiner.
The Company and the Association were represented by counsel and the
United by representatives. All participated in the hearing. At the
hearing the Association moved to intervene and the Trial Examiner
granted the motion. 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 made various rulings on motions and on 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
In a previous ease I involving the East Pittsburgh Unit of the
Company, the only unit with which we are here concerned, the Board
made 'certain findings with reference to the business of the Company.
Those findings were incorporated, by reference, into the record of this
case by stipulation of the parties.2 In that decision we• found and
we now find as follows :
Westinghouse Electric & Mfg. Co. is a Pennsylvania corpora-
tion owning and operating a number of plants distributed
throughout the country and having sales activities extending
throughout the country. At its East Pittsburgh Unit, compris-
ing the East Pittsburgh Works, Linhart Foundry, Copper Mill,
Trafford Foundry, Trafford Micarta, and the Homewood Works,
it manufactures electrical apparatus, including motors, switch-
gear, generators, circuit breakers, lightning arresters, control
apparatus , and renewal parts. Fifty per cent of the raw mate-
'Matter of Westinghouse Electric t Mfg. Co and Association of Westinghouse Salaried
Employees , 19 N L R B 640.
2 The parties stipulated to one exception , namely, that approximately 20,000 persons
were now employed by the Company at its East Pittsburgh plant instead of 12,000.
190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rials used at the-'East Pittsburgh Unit 'are shipped- thereto from
points outside of Pennsylvania, and 90 per cent of the Unit's
products are shipped to points outside of Pennsylvania, includ-
ing points in all the other States and in most foreign countries.
The volume of monthly purchases made in connection with the
operation of the East Pittsburgh Unit is at present approxi-
mately $1,300,000, while the average monthly production of the
Unit is approximately $3,450,000. '
II. THE ORGANIZATIONS INVOLVED
Local No. 601, United Electrical, Radio & Machine Workers of
America, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to its membership employees of the
Company's East Pittsburgh Unit, with the exception of supervisory
employees. .
Association of Westinghouse Salaried Employees is a labor, organi-
zation admitting to its, membership all salaried employees of the
Company in the Pittsburgh administrative district, with the excep-
tion of supervisory employees or those who represent, the Company
in its relation with its employees. -
III. THE QUESTION CONCERNING REPRESENTATION
In its verified petition the United alleged that the Company re-
fused to recognize it as the representative of the tool designers,
telephone maintenance employees, and. senior and junior order' clerks
because of a claimed interest of the Association. At- the hearing the
Company did not deny this allegation but stated that it had been
approached by both unions for exclusive bargaining rights covering
the employees in question. The Company stated further that in view
of the doubt existing it was thoroughly in accord with the attitude,of
the two unions in submitting the matter to the Board for, decision.
There was introduced in evidence a statement prepared by the Re-
gional Director showing that the United and the Association, each
represent a substantial number of the Company's employees at the
East Pittsburgh plant.3
8 A statement by the Regional Director read into the record showed that the petitioner
submitted three petitions containing a total of 61 signatures of employees requesting and
accepting membership in the United and authorizing it to represent them These petitions
are dated February 26, April 28, and April 29, 1941. All 61 signatures appear, to be
genuine, original signatures , 54 of which names appear on the Company ' s pay roll of
April 30, 1941. The Association submitted to the Regional Director 30 application cards
for membership. in the Association wwhnch were dated as follons: 2 prior to 1939; 25 in
1940, 3 in 1941 All 30 signatures affixed to these cards appear to be genuine , original
signatures Seventeen of the thirty signatures iefeiied to above are the names of persons
who appear on the Company's pay roll of April 30, 1941. Seventeen of the fifty-four
signatures on the petitions of the United and seventeen signatures on the Association's
WESTINGHOUSE ELECTRIC & MANUFACTURING CO. 191
We find that a question has arisen concerning the representation
of employees of the Company at its East Pittsburgh plant.
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 Board in a previous decision involving the East Pittsburgh
plant• of the Company, hereinafter referred to as the decision in
3 N. L. R. B. 1, certified the United as statutory representative of the
hourly rate employees of the Company's East Pittsburgh, Trafford,
and Homewood Service Works, including Linhart and Copper Mill,
but excluding supervisory employees, as their representative for the
purposes of collective bargaining. The Board in a subsequent de-
cision involving the same East Pittsburgh plant of the Company,
which, is hereinafter referred to as the decision in 23 N. L. R. B., No.
112, certified the Association as statutory representative of the salaried
employees of the Company's East Pittsburgh, Trafford, and Home-
wood Service Works, including Linhart and Copper Mill, but ex-
cluding supervisory employees, as their representative for the pur-
poses of collective bargaining. The petition in this case concerns
tool designers and machine tool designers, telephone maintenance em-
ployees, and junior and senior order clerks. Some of these employees
are paid by the hour, some by salary, and some formerly paid by the
hour are now paid by salary. A dispute arises as to which of the two
units heretofore found by the Board to be appropriate covers the
three groups of employees here in question.
At the hearing all parties requested that three elections be held
among the employees to determine the appropriate unit for. each of
the three groups in question. We find that the 'question which has
arisen concerning the representation of employees of the Company
at the East, Pittsburgh plant can best be resolved by means of secret
ballot elections., The Company, the United, and the Association
application cards, all of which were on the Company 's pay roll as of April 30 , 1941, appear
to be signatures of persons who signed the petitions of the United and also the cards
for membership in the Association . On the Company 's pay roll of April 30, 1941, there
were 64 employees in the unit alleged by the petitioner to be appropriate.
192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stipulated and we shall direct that separate elections by secret ballot
be conducted among the following three groups of employees :
(1) Among all of the tool designers and machine tool designers,
except supervisory employees, at the East Pittsburgh plant (includ-
ing its plants in East Pittsburgh, Trafford, and Homewood Service
Works, including Linhart and Copper Mill), to determine whether or
,not they desire to be represented by the United. The tool designers
and machine tool designers shall be eligible to vote whether paid by
salary or by the hour. If the United obtains a majority in said
election, the tool designers and machine tool designers shall be
considered a part of the unit found appropriate by the Board in its
decision in 3 N. L. R. B. 1; and
(2) Among all the telephone maintenance employees, excluding
supervisory employees at the East Pittsburgh plants (including its
plants in East Pittsburgh, Trafford, and Homewood Service Works,
including Linhart and Copper Mill), to determine whether or not
they desire to be represented by the United. The telephone mainte-
nance employees shall be eligible to vote whether paid by salary or
by the hour. If the United obtains a majority in said election, the
telephone maintenance employees shall be considered part of the
unit found appropriate by the Board in its decision in 3 N. L. R. B.
1; and
(3) Among all the junior and senior order clerks in the shipping
department, except supervisory employees, at the East Pittsburgh
plants (including its plants in East Pittsburgh, Trafford, and Home-
wood Service Works, including Linhart and Copper Mill), to deter-
mine whether or not they desire to be represented by the United or
the Association, or neither of them. The junior and senior order
clerks in the shipping department shall be eligible to vote whether
paid by salary or by the hour. .If the United obtains a majority
in such election, this election group shall be considered part of the
unit found appropriate by the Board in its decision in 3 N. L. R. B.
1. If the Association obtains a majority in such election, the election
group shall be considered part of the general salaried unit found
appropriate by the Board in its decision in 23 N. L. R. B., No. 112.
All parties agreed that the pay roll of May 6, 1941, shall be used
for the purpose of determining eligibility to vote in such elections.
We shall adopt that pay roll for such purpose, subject to the
limitations and additions set forth in the Direction of Elections.
Upon the basis of the foregoing findings of fact and the entire
record in the case, the Board makes the following:
WESTINGHOUSE ELECTRIC & MANUFACTURING CO. 193
CONCLUSION OF LAW
A question affecting commerce has arisen concerning the repre-
sentation of employees of Westinghouse Electric & Manufacturing
Company, at its East Pittsburgh plant, East Pittsburgh, Pennsyl-
vania, within the meaning of Section .9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
DIRECTION OF ELECTIONS
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, 49 Stat. 449, 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 determine the appropriate units and to ascertain representatives
for collective bargaining with Westinghouse Electric & Manufacturing
Company at its East Pittsburgh plant, East Pittsburgh, Pennsylvania,
separate elections by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this Direction
of Elections, under the direction and supervision of the Regional
Director for the Sixth 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 the following groups of em-
ployees of Westinghouse Electric & Manufacturing Company, at its
East Pittsburgh plant, East Pittsburgh, Pennsylvania, who are on
the pay roll of May 6, 1941, including employees who did not work
during such pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tempo-
rarily laid off, but excluding those employees who have since quit or
been discharged for cause: (1) all tool designers and machine tool
designers, excluding supervisory employees, to determine whether or
not they desire to be represented for the purposes of collective bar-
gaining by,Local No. 601, United Electrical, Radio & Machine Workers
of America; (2) all telephone maintenance employees, excluding
supervisory employees, to determine whether or not they desire to be
represented for the purposes of collective bargaining by Local No. 601,
United Electrical, Radio & Machine Workers of America; and (3) all
junior and senior order clerks (shipping department), excluding
supervisory employees, to determine whether they desire to be rep-
resented for the purposes of collective bargaining by Local No. 601,
United Electrical, Radio & Machine Workers of America, or by
Association of Westinghouse Salaried Employees, or by neither.