Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board DecisionsFeb 10, 1942

38 N.L.R.B. 1079 (N.L.R.B. 1942)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL #1, A. F. of L. Case No. B-3491.-Decided February 10, 1942 Investigation and Certification of Representatives : stipulation for certification on consent comparison of records. Mr. Stewart Meacham, for the Board. Mr. C. L. Westin, of St. Louis, Mo., for the Company. Mr. H. P. Koenig, of St. Louis, Mo., for the Union. Mr. George A. Koplow, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On November 5, 1941, International Brotherhood of Electrical Workers, Local #1, A. F. of L., herein called the Union, filed with the Regional Director for the Fourteenth Region (St. Louis, Missouri) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Westinghouse Elec- tric & Manufacturing Company, herein called the Company, a Pennsylvania corporation engaged in the manufacture and distribu- tion of electric motors and appliances at its St. Louis, Missouri, manu- facturing and repair shop, and requesting an investigation and certi- fication of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 30, 1941, the National Labor Relations Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, or- dered an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. On January 21, 1942, the" Company, the Union, and the Regional Director for the Board entered into a "STIPULATION FOR CER- TIFICATION ON CONSENT COMPARISON OF RECORDS." Pursuant to the stipulation, a pay-roll check by comparison of union 38 N. L. R. B., No. 202. 1079 1080 DECISIONS OF NATIONAL LABOR RELATIONS BOARD authorization cards with the pay roll of the Company for November 29, 1941, was made by the Regional Director to determine how many of the following employees had designated the Union as their bar- gaining agency : all production and maintenance employees at the Company's St. Louis, Missouri, manufacturing and repair shop, in- cluding shipping and store-room employees, but excluding the general production superintendent, clerical employees, design engineers, draftsmen, time-study engineers, and the supervisor in charge of each of the following departments : repair department, manufacturing de- partment, sheet-metal shop, and building and stores department. On January 26, 1942, the Regional Director issued and duly served upon the parties his "Report on Results of Inspection of Records." No objections to the report have been filed by any of the parties. As to the results of the pay-roll check, the Regional Director re- ported that the total number of eligible employees employed on November 29, 1941, in the unit defined in the stipulation, amounted to 87, and that of this number, 71 had designated the Union as their representative for the purposes of collective bargaining. Upon the basis of the stipulation, the "Report on Results of In- spection of Records", and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the rep- resentation of employees of Westinghouse Electric & Manufacturing Company, at its St. Louis, Missouri, manufacturing and repair shop, St. Louis, Missouri, 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 of the Company's St. Louis, Missouri, manufacturing and repair shop, including ship- ping and store-room employees, but excluding the general production superintendent, clerical employees, design engineers, draftsmen, time- study engineers, and the supervisor in charge of each of the follow- ing departments : repair department, manufacturing department, sheet-metal shop, and building and stores department, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3. International Brotherhood of Electrical Workers, Local #1, A. F. of L., has been designated and selected by a majority of the employees in the above-described unit as-their representative for the purposes of collective bargaining within the meaning of Section 9 (a) of the Act. WEISTINIGSHOUSSE ELECTRIC & MANUFACTURING COMPANY 1081 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 Rela- tions Act, IT IS HEREBY CERTIFIED that International Brotherhood of Electrical Workers, Local #1, A. F. of L., has been designated and selected by a majority of all production and maintenance employees of Westing- house Electric & Manufacturing Company, at its St. Louis, Missouri, manufacturing and repair shop, including shipping and store-room employees, but excluding the general production superintendent, clerical employees, design engineers, draftsmen, time-study engineers, and the supervisor in charge of each of the following departments : repair department, manufacturing department, sheet-metal shop, and building and stores department, as their representative for the pur- poses of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.