Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board DecisionsOct 12, 1942

44 N.L.R.B. 1071 (N.L.R.B. 1942)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM- PANY, NAVAL ORDNANCE DIVISION and INTERNATIONAL ASSOCIATION OF MACHINISTS, KENTUCKY LODGE 830, A. F. OF L. Case No. R-4306.-Decided October 12, 1942 Jurisdiction : ordnance manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : inspectors and tool designers, ex- cluding' production and maintenance employees, group leaders, clerical em- ployees, supervisors, and those having the right to hire and discharge; stipu- lation as Co. Mr. Robert D. Blasier, of Pittsburgh, Pa., for the Company. Mr. A. P. Nobozny, of Louisville, Ky., for the I. A: M. Mr. Waldo Stager and Mr. Ralph Marcus, of Cincinnati, Ohio, for the United. M'r': William C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Association of Machinists, Kentucky Lodge 830, A. F. of L., herein called the I. A. M., alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Westinghouse Electric S Manufacturing Company, Naval Ordnance Division, Louisville, Kentucky, herein called the Company 1 the National Labor Relations Board provided for an appropriate hearing upon due notice,before Paul S. Kuelthau, Trial Examiner. Said hearing was held at Louisville, 'Kentucky, on September 23, 1942. The Company, the I.â€¢ A. M., and United Elec- trical, Radio & Machine Workers of America, herein called the United, 1 Incorrectly named 'in the petition and order directing investigation and hearing as Westinghouse Elec. & Mfg Co (Naval Ord Div ). At the heating the petition and order directing investigation and hearing were amended to designate the Company as Westinghouse Electiic & Manufacturing Company, Naval Ordnance Division. 44 N L. R. B., No. 206. ' 1071 . 1072 . DUCISION'S OF NATIONAL LABOR RELATIONS BOARD appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and' to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Westinghouse Electric & Manufacturing Company is a Pennsyl- vania corporation having its principal office and place of business in Pittsburgh, Pennsylvania. It is engaged in the manufacture, sale, and distribution of a wide variety of electrical machinery and equip- ment and has numerous plants in various parts of the United States. The'U. S. Naval Ordnance Plant involved in this proceeding isdocated at Louisville, Kentucky. At the Louisville plant the Company is en- gaged in the manufacture and assembly of equipment for the United States Navy. Ninety-five percent of the raw material used at this plant is obtained outside the State of Kentucky and substantially all the products of the Company are shipped to points outside the State of Kentucky. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Association of Machinists, Kentucky Lodge 830, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations. It.admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION ,On or about August 19, 1942, the I. A. Al. requested recognition as exclusive bargaining agent for the employees of the Company. The Company refused to recognize the I. A: M. until such time as it was certified by the Board. A statement by a Field Examiner of the Board, introduced in evi- dence at, the hearing, indicates that the I. A. M. represents a substan- tial number of employees in the unit hereinafter found to be appro- priate.2 - â€¢ ' 2 The statement of the Field Examiner shows that the I A M submitted to him 47 authorization cards. 40 of which bear apparently genuine original signatures of employees on the Company 's pay roll of September 10, 1942 This pay roll - contains the names of'53 WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 1073 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. i IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all inspectors' and tool designers employed by the Company, excluding production and maintenance employees, group leaders,3 clerical em- ployees,4 supervisors 5 and those having the right to hire and discharge, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. â€¢ V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION 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, and pursuant to Article III, Section 8, of the National Labor Relations Board Rules and Regulations-Series 2, as amended, it isi hereby DIRECTED that, as part of,the investigation to ascertain representa- tives for the purposes of collective bargaining with Westinghouse Electric & Manufacturing Company, Naval Ordnance Division, Louis- ville, Kentucky, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Di; employees in the appropriate unit. The 40 cards are dated between August 5, 1942, and September 10, 1942 The United submitted to the Field Examiner 23 membership cards, 14 of which bear apparently genuine original signatures of employees in the appropriate unit on the Company's pay roll of September 10, 1942 At the hearing the I A M submitted four additional authorization cards to the Trial Examiner who found that all bore apparently genuine original signatures of persons on the Company's pay roll of September 10, 1942 The United submitted to the'Trial Exam- iner four additional cards all of which bore genuine original signatures of persons on the Company's pay roll of September 10, 1942. 'Production and maintenance employees including group leaders are represented by the I A M pursuant to Board certification, 39 N L R B 29 4 Clerical employees are represented by Office Employees and Clerical Workers Union # 22906 pursuant to Board ceitification , 44 N L R B 59. 'The supervisory employees to be excluded from the appropriate unit are chief inspector, assistant ' ch,ef inspector ; general ' foremen ;'a`nd' foreman of ;nspedtion: I 487498-42-vol 44-08 1074 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD rector for the Ninth Region, acting in this matter as agent for the National Labor Relations Board, subject to Article III,, Section 9, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay- roll period immediately preceding the date of this' Direction; includ- ing employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or train- ing of the United States, or temporarily laid off, but excluding em- ployees who have since quit or been discharged for cause,,to deter- mine whether, they desire to be represented by International Associa- tion of Machinists, Kentucky Lodge 830, affiliated with the American Federation of Labor, or by United Electrical, Radio & Machine Work- ers of America, affiliated with the Congress of Industrial Organiza- tions, for the purposes of collectii e bargaining, or by neither. AIR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.