Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 3, 1941

35 N.L.R.B. 151 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY
and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA,
AFFILIATED WITH THE C. I. O.
Case No. R-2906.Decided September 3, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Frank H. Bowen, for the Board.
Mr. W. C. Palmer, of Detroit, Mich., for the Company.
Mr. James Pascoe, of Detroit, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 9, 1941, United Electrical, Radio and Machine Workers of
America, affiliated with the C. I. 0., herein called the Union, filed
with the Regional Director for the Seventh Region (Detroit, Michi-
gan) a petition alleging, that a question affecting commerce had arisen
concerning the representation of employees of Westinghouse Electric
& Manufacturing Company, herein called the Company,,engaged in the
manufacture and repair of electrical apparatus at Detroit, Michigan,
and requesting 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 July 18, 1941, the Company, the Union,,
and the Regional Director entered into a "STIPULATION FOR CER-
TIFICATION UPON CONSENT ELECTION." On July 21, 1941,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act, and Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide "for an appropriate hearing upon
due notice.
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on August 6, 1941, under the direction and supervision of the
35 N. L. R. B., No. 31.
151
152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director, among all production and maintenance employees
and those directly associated with production in the repair, manufac-
turing and warehouse departments of the Company, excluding super-
visory, office, and clerical employees, to determine whether or not said
employees desire to be represented by the Union. On August 12, 1941,
the Regional Director issued and duly served upon the parties an Elec-
tion Report on the ballot. No objections to the conduct of the ballot
or the Election Report have been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list ------------------------------------ 83
Total ballots cast_________________________________________ 69
Total ballots challenged----------------------------------- 0
Total blank ballots________________________________________ 0
Total void ballots---------------------------------------- 0
Total valid votes cast_____________________________________ 69
Votes cast for United Electrical, Radio & Machine Workers
of America, affiliated with the C. I. 0____________________ 61
Votes cast against United Electrical, Radio & Machine Work-
ers of America, affiliated with the C. I. O----------------- 8
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board snakes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Westinghouse Electric & Manufacturing
Company, Detroit, Michigan, 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 and those directly
associated with production in the repair, manufacturing, and ware-
house departments of the Company, excluding supervisory, office, and
clerical employees, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. United Electrical, Radio and Machine Workers of America, affil-
iated with the C. I. 0., has been designated and selected, by a ma-
jority of the employees in the above unit as their representative for
the purposes of collective bargaining, and is the exclusive representa-
tive of all employees in said unit, within the meaning of Section 9 (a)
of the National Labor Relations Act.
CERTIFICATION 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
Relations Act
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 153
IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine
Workers of America, affiliated with the C. I. 0., has been designated
and selected by a majority of all production and maintenance em-
ployees and those directly associated with production ' in the repair,
manufacturing, and warehouse departments of Westinghouse Electric
& Manufacturing Company, Detroit, Michigan, excluding super-
visory, office, and clerical employees, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, United Electrical, Radio and Machine Workers of Amer-
ica, affiliated with the C. I. 0., 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.