Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 21, 1942

39 N.L.R.B. 102 (N.L.R.B. 1942)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY, FAIRMONT LAMP WORKS and UNITED ELECTRICAL, RADIO &
MACHINE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-3535.-Decided February 21, 1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Henry Shore, for the Board.
Mr. William R. Miller, of Pittsburgh, Pa., for the Company.
Mr. William N. Chambers, of Pittsburgh, Pa., for the Union.
Mr. Louis Cokin, of counsel to the Board.
I
DECISION
AND
CERTIFICATION OF 'REPRESENTATIVES
STATEMENT OF THE CASE
On October 18 and 21, 1941, respectively, United Electrical, Radio
& Machine Workers of America, affiliated with the C. I. 0., herein
called the Union, filed with the Regional Director for the Sixth
Region (Pittsburgh, Pennsylvania) a petition and an amended peti-
tion alleging that a question affecting commerce had arisen concern-
ing the representation of employees at the Fairmont Lamp Works
of Westinghouse Electric & Manufacturing Company, engaged in the
manufacture, sale, and distribution of electrical machinery and equip-
ment at Fairmont, West Virginia, 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 January 27, 1942, 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 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 January 28, 1942, the
Company, the Union, and an Attorney for the Board entered into
a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION."
39 N. L R. B., No. 21.
102
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 103
Pursuant to the stipulation, an election by secret ballot was con-
ducted on February 3, 1942, under the direction and supervision of
the Regional Director; among all production and maintenance em-
ployees and those workers associated with production and mainte-
nance at the Fairmont Lamp Works of the Company, including plant
policemen and shipping clerks, but excluding office, clerical, and
supervisory employees, to determine whether or not said employees
desire to be represented by the Union. On February 5, 1942, 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_____________________________________ 475
Total ballots cast___"______________________________________ 452
Total ballots challenged____________________________________ 0
Total blank ballots_________________________________________ 3
Total void ballots__________________________________________ 1
Total valid votes counted__________________________________ 448
Votes cast for United Electrical , Radio & Machine Workers
of America , affiliated with the C. I. O______________________ 393
Votes cast against United Electrical , Radio & Machine Work-
ers of America , affiliated with the C . I. 0___________________ 55
Upon the basis of the stipulation, the Election Report, and the en-
tire 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 at the Fairmont Lamp Works of Westing-
house Electric & Manufacturing Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees and those workers
associated with production and maintenance at the Fairmont Lamp
Works of the Company, including plant policemen and shipping
clerks, but excluding office, clerical, and supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
3. United Electrical, Radio & Machine Workers of America, af-
filiated with the C. I. 0., has been designated and selected by a
majority of the employees in the above unit as their representative
for the purposes of collective bargaining and is the exclusive repre-
sentative of all employees in said unit, within the meaning of Sec-
tion 9 (a) of the Act.
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 United Electrical, Radio & 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 workers associated with production and main-
tenance at the Fairmont Lamp Works of Westinghouse Electric &
Manufacturing Company, including plant policemen and shipping
clerks, but excluding office, clerical, and supervisory employees, as
their representative for the purposes of collective bargaining, and
that, pursuant to Section '9 (a) of the Act, United Electrical, Radio
& Machine Workers of America, 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.