Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 9, 1942

44 N.L.R.B. 1001 (N.L.R.B. 1942)

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY and ASSOCIATION OF CINCINNATI WESTINGHOUSE SALARIED
EMPLOYEES
Case No. R-4348.-Decided October 9,1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr.- C. B. Ketcham, for the Company.
Mr. Nelson -D. Cooper, for the Union.
Mr. John E. Lawyer, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon petition,and amended petitions duly filed by Association of
Cincinnati Westinghouse Salaried Employees, herein called the Union,
alleging that a question -,affecting commerce had arisen concerning the
representation of employees of Westinghouse Electric & Manufactur-
ing Company, herein called the Company, at its Cincinnati Office, Cin-
cinnati, Ohio, the National Labor Relations Board provided for an
appropriate hearing upon due notice. On September 8,.1942, before a
hearing was held, the Company, the Union, and the Regional Director
for the Ninth Region (Cincinnati, Ohio) entered into a "Stipulation
for Certification of Representatives Upon Consent Election.?'
Pursuant to the stipulation, an election by secret ballot was con-
,ducted on September 28, 1942, under the direction and supervision of
the Regional Director, among all employees in the stipulated unit,
to determine whether or-not the said employees desired to be\repre-
sented by the Union for the purposes of collective bargaining. On
September 28, 1942, the Regional Director issued and duly served
upon the parties an Election Report on the ballot. No objections to
the conduct of the election- or the Election Report have been filed by
,any ofthe' parties. '
In his Election Report the Regional Director reported as follows
,concerning the balloting and its results :
Total on eligibility, list_____________________________________ 67
Total ballots cast__________________________________________ 61
Total ballots challenged____________________________________ none
44 N. L. R. B, No. 192.,
1001
1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total blank ballots---------------------------------------- none
Total void ballots----------------------------------------- none
Total valid counted---------------------------------------- 61
Votes cast for Association of Cincinnati Westinghouse Salaried
Employees------------------------- ---- 31
Votes cast against Association of Ciiicmnati Westinghouse Sal-
aried" Employees------=-------------=------------------- 30
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board_ makes the following :
FINDINGS OF FACT _
1. A question affecting' commerce has arisen concerning the repre-•
sentation of employees of Westinghouse Electric & Manufacturing
Company, Cincinnati, Ohio, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations-Act.
2. All salaried employees in the Cincinnati Office of the Westing-
house Electric & Manufacturing Company, Cincinnati, Ohio, in-
cluding clerical employees in the following groups, apparatus sales,
Engineering and Service, Manufacturing and Repair, Order Service,
Warehouse, Building Maintenance, and the Lamp Division, but ex-
cluding supervisory and executive employees and secretaries of such
,supervisory and executive employees and those having the right to
hire or discharge, and further excluding all employees of the Cin-
cinnati Service Shop, known as the Manufacturing and Repair Shop,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the Act.
3. Association of Cincinnati Westinghouse Salaried Employees,
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 representative,of all 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 Rela-
tions Act
IT IS HEREBY CERTIFIED that Association of Cincinnati Westinghouse
Salaried Employees, has been designated and selected by a majority
of all salaried employees in the Cincinnati Office of the Westinghouse
Electric & Manufacturing Company, Cincinnati, Ohio, including cleri-
cal employees in the following groups, apparatus sales, Engineering
and Service, Manufacturing and Repair, Order Service, Warehouse,
Building Maintenance, and the Lamp Division, but excluding.. super-
visory and executive employees, and secretaries of such supervisory
and executive employees and those having the right to hire or dis-
AMERICAN. BRIDGE COMPANY 1003
charge, and further excluding all employees of the Cincinnati Serv-
ice Shop,-known as the Manufacturing and Repair Shop, as their
'representative for, the purposes -of collective bargaining, and that,
pursuant toSection'9 (a) of the Act, Association of Cincinnati West-
inghouse Salaried Employees, 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. '