Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 19, 1942

39 N.L.R.B. 946 (N.L.R.B. 1942)

In. the flatter of WESTINGTIOUSI: ELECTRIC & MANUFACTURING COM-
PANY and LOC-\L B-1035, INTERNATIONAL BROTHERHOOD OF ELEC
TRICAL WORKERS, A. F. OF L.
Case No. R-3605.Decided March 19,- 1,9V
Investigation and Certification . of Representatives : stipulatwu for certification
upon pas-roll check
Mr. Joe Taylor, II, and Mr. L. D. Canfield, for the Company.
Mr. Michael J. Gardvnie7, for the Union.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On January 2, 1942, Local 13-1035, .International Brotherhood of
Electrical Workers,, A. F. of L., 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 con-
cerning the representation of employees of Westinghouse Electric &
Manufacturing Company, herein called tlie• Company, engaged in the
manufacture, sale; and distribution of electrical machinery and equip-
,ment at Newark, New Jersey, 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 February 17,1942, the Company, the Union, and the Board entered
into a "STIPULATION FOR CERTIFICATION UPON PAY-ROLL, CHECK." -
Pursuant to the stipulation and pay-roll check a comparison of
union designations with the pay roll of the Company of January 12,
1942, was made on February 17, 1942, under the supervision of the '
Regional Director to determine (1) the number of hourly paid service
men in the engineering and service, department of the Company at
40 Wall Street, New, York City, excluding supervisory employees;
(2) the ninnber of hourly paid employees in the' manufacturing and-
repair department of the Company at Haynes Avenue, Newark, New
Jersey, excluding supervisory employees ; and (3) the number of
salaried employees in the manufacturing and repair department of
39 N L. R B, No 185 .
946 -
WESTINGHOUSE ELECTRIC & MANUFACT'URING COMPANY 947
the Company at Haynes ,Avenue, Newark;,,New Jersey, excluding
supervisory employees, buyers, Ca51i Ledger Accountant S.,E. Warner,
or his successor, and Control Ledger' Accountant, E. Knittel, or his
successor, nttrses, professional engineers, confidential secretaries (in-
cluding the secretary to the manager and secretary to the auditor),
who had designated, the Union as their, bargaining agency. On
February 25, 1942, the Regional Director, acting pursuant to the stipu-
lation issued and duly served upon the parties a Cross-check Report
'for Certification. No objections to the report have been filed by any
of the parties.,
In her report the Regional Director reported that all of the 20
eligible employees on the Company's pay Toll of January 12, 1942, in
the first of the' above-enumerated' groups,had signed cards authoriz-,
ing the Union to represent them for collective bargaining purposes;
that of 313 eligible employees on the Company's pay roll of Janu-
ary 12, 1942, in the second of the' above-enumerated groups, 299 had.
signed cards authorizing the-Union to represent them for collective
bargaining purposes : and that of 86 eligible employees on the Com-
pany's pay roll of January 12, 1942, in the third of the above-
enumerated groups, 57 had signedned cards authorizing the Union to
represent them for collective bargaining purposes.
Upon the basis of the stipulation, the Cross-check Report for
Certification, and the entire record in the case, the Board 'makes the
folio}ving:;
FINDINGS' OF FACT
.1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Westinghouse Electric & Manufacturing
Company, Newark, New Jersey, within the meaning of Section 9
(c) and Section 2 (6) and (7) of the Act. ' ' t
2. All hourly paid service men in the engineering and service
department of the Company at 40 Wall Street, Nev,, York City,
excluding supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
3. All hourly paid employees in the manufacturing and repair
department of the Company at Haynes Avenue, Newark, New Jersey,
excluding supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
4. All salaried employees in, the manufacturing and repair depart-
ment of the Company at Haynes Avenue, Newark, New- Jersey, ex-
cluding supervisory employees, buyers, Cash Ledger Accountant S. E.
Warner, or his successor, and Control Ledger Accountant E. Knittel,
or his successor, nurses, professional engineers, confidential-secretaries
948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(including the secretary to the-manager and secretary to the audi-
tor), constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section' 9 (b) of the "Act. '
5. Local B -1035, International Brotherhood of Electrical Workers,
affiliated with the American Federation of Labor, has been desig-
nated and selected by a majority of the employees in the above units
as their representative for the purposes of collective bargaining and
is the exclusive representative of all the employees in the said units,
within the meaning of Section 9 (a) of the 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,
IT IS HEREBY CERTIFIED that Local B-1035, International Brother-
hood of Electrical Workers, affiliated with the American Federa-
tion of Labor, has been designated and 'selected by a majority of all
hourly paid service men in the engineering and service department
of the Westinghouse Electric & Manufacturing Company at-40 Wall
Street, New York City excluding supervisory employees , as their
representative for the purposes of collective bargaining , and that,
pursuant to the provisions of Section 9 (a) of the Act , Local B-1035,
International Brotherhood of, Electrical Workers , affiliated with the
American Federation of Labor, 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, and
IT IS HEREBY FURTHER CERTIFIED that Local B-1035, International
Brotherhood of Electrical Workers, affiliated with the American
Federation of Labor, has been designated -and selected by a majority
of all hourly -paid employees in the manufacturing and repair depart-
ment of the Westinghouse Electric & Manufacturing Company at
Haynes Avenue , Newark, New Jersey , excluding supervisory em-
ployees, as their representative for the purposes of collective bar-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
Act, Local B-1035, International Brotherhood of Electrical Work-
ers, affiliated with the American Federation of Labor, is the exclu-
sive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages , hours of em-
ployment , and other conditions of employment, and
IT IS HEREBY FURTHER CERTIFIED tliat Local B-1035, International
Brotherhood of Electrical Workers, affiliated with the American
Federation of Labor, has been designated and selected by a majority
of all salaried employees in the manufacturing and repair ' depart-
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 949
meat of the Westinghouse Electric &, Manufacturing Company at
Haynes Avenue, Newark, New Jersey, excluding supervisory em-
ployees, buyers, Cash Ledger Accountant S. E. Warner,'or his suc-
cessor, and Control Ledger Accountant E. Knittel, or his successor,
nurses, professional engineers, and confidential secretaries (including,
the secretary to the manager and secretary to the auditor), as their
representative for the purposes of collective bargaining, and that,
pursuant to the provisions of Section 9 (a) of the Act, Local B-1035,
International Brotherhood of Electrical Workers, affiliated with the
American Federation of Labor, is the exclusive representative of
all such employees for the purposes of collective bargaining in re-
spect to rates-of pay, wages, hours of employment, and other condi-
tions of employment.