Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 13, 1940

19 N.L.R.B. 421 (N.L.R.B. 1940)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY and WESTINGHOUSE EMPLOYEES ASSOCIATION, INC. (INDE-
PENDENT)
Case No. R-1570
SUPPLEMENTAL DECISION
AND
ORDER
January 13, 1940
On December 4, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceedings." On December 16, 1939, the Board issued
an Amendment to Direction of Election.2 The Direction of Election,
as amended, provided that an election by secret ballot be conducted
as early as possible but not later than thirty (30) days from the date
of the Direction among all hourly paid employees of the Mansfield
plant of Westinghouse Electric & Manufacturing Company, who were
employed by the Company during the pay-roll period next preceding-
the date of the Direction, including employees who did not work
during such pay-roll period because they were ill or on vacation and
employees who were then or had since been temporarily laid off, but
excluding all persons who had quit or had been discharged for cause
since that date, and further excluding all supervisors, clerical em-
ployees, designing and technical engineers, tool designers, draftsmen,
time-study employees, and policemen, to determine whether or not
they desired to be represented by Westinghouse Employees Associa-
tion, Inc., for the purposes of collective bargaining.
Pursuant to the Direction, the election by secret ballot was held on
December 28, 1939, at Mansfield, Ohio, under the direction and super-
vision of the Regional Director for the Eighth Region. On Decem-
ber 29, 1939, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, issued and duly served upon the parties an Election
Report containing a tally of the ballots. In his Report the Regional
Director certified that the ballot was fairly and impartially con-
118 N. L. R. B. 115.
2 18 N. L. R. B. 120.
19 N. L. R. B., No. 47.
28 3030-41-vol. 19-28
. 421
422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ducted, that the ballots cast were duly and fairly counted under his
supervision, and that statements to such effect had been filed with
him by the observers.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of employees eligible------------------------- 2, 700
Total number of ballots cast------------------------------- 2,402
Total number of votes for Westinghouse Employees Associa-
tion, Inc ----------------------------------------------- 943
Total number of votes against Westinghouse Employees As-
sociation, Inc------------------------------------------- 1,445
Total number of blank ballots------------------------------ 12
Total number of void ballots------------------------------- 2
Total number of challenged ballots------------------------- 0
No objections to the conduct of the ballot or the Election Report
Have been filed by any of the parties.
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees in the
appropriate unit. The petition of Westinghouse Employees Asso-
ciation, Inc., for investigation and certification of representatives of
employees of Westinghouse Electric & Manufacturing Company,
Mansfield, Ohio, will, therefore, be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, it is hereby
ORDERED that the petition for investigation and certification of
representatives of employees of Westinghouse Electric & Manufac-
turing Company, Mansfield, Ohio, filed by Westinghouse Employees
Association, Inc., be, and it hereby is, dismissed.