Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 19, 1942

39 N.L.R.B. 950 (N.L.R.B. 1942)

Iii the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING Cobl-
PANY and UNITED ELECTRICAL, RADIO ^C MACHINE WORKERS OF
A1IIERIC k, C. I. O.
Case No. R-3610.Decided March 19, 1942
,Investigation and Certification of Representatives : stipulation foi certification
neon pay-roll check
Cllr. Walter F . Oliver, for the Company.
Mr. Edward Mathews , for the Union.
i11r. George H. Gentithes, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On February 16, 1942, United Electrical, Radio Machine
Workers of America, C. I. 0., 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 concerning
the representation of employees of Westinghouse Electric & Manu-
facturing Company, herein called the Company, engaged in the dis-
tribution of electrical products at Orange, New Jersey, and request-
ing 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 16, 1942, the Company, the Union, and
the Board entered into a "STIPULATION FOR CERTIFICATION UPON PAY-
ROLL CHECK."
Pursuant to the stipulation, a pay-roll -check by comparison of
union designations with the pay roll of the Company of February
13, 1942, was made on February 18, 1942, under the supervision of
the Regional Director to determine the number of hourly paid em-
ployees of the Company, excluding office and clerical workers and
excluding Supervisor James Harrington and any other employee
engaged in similar work with similar duties as James Harrington,'
who had designated the Union as their bargaining agency. On
February 27, 1942, the Regional Director, acting pursuant to the
stipulation, issued and duly served upon the parties her Cross-Check
39 N L It B, No. 186.
950
WE'SSTINGHOU'SIE ELECTRIC & MAINTUFACTURING CO'MPANT 951
Report for Certification. No objections to the report have been
filed by any of the parties.
In her report the Regional Director reported that of the 19 em-
ployees on the Company's pay roll of February 13, 1942, 16 had
signed cards authorizing the Union to represent them for collective
bargaining purposes.
Upon the basis of the stipulation, the Cross-Check Report for Cer-
tification, and the entire record in the case, the Board makes the
following :
FINDINGS OF FAC'r
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Westinghouse Electric & Manufacturing
Company, Orange, New Jersey, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of'the Act.
2. All hourly paid employees of the Company excluding office and
clerical workers and excluding Supervisor James Harrington and any
other employee engaged in similar work with similar duties as James'
Harrington, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
3. United Electrical, Radio & Machine Workers of America, affili-
ated with the Congress of Industrial Organizations, has been desig-
nated 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 representative of all the employees in said unit 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 United Electrical, Radio & Machine
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, has been designated and selected by a majority of the
hourly paid employees of Westinghouse Electric & Manufacturing
Company, excluding office and clerical workers and excluding Super-
visor James Harrington and any other employee engaged in similar
work with similar duties as James Harrington, as their representa-
tive for the purposes of collective bargaining, and that pursuant to
the provisions of Section 9 (a) of the Act, United Electrical, Radio &
Machine Workers of America, affiliated with the Congress of Indus-,
trial Organizations, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of _pay, wages, hours of employment, and other conditions of
employment.