Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 23, 1942

45 N.L.R.B. 51 (N.L.R.B. 1942)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING CO.,
METER DIVISION and UNITED ELECTRICAL, RADIO & MACHINE
WORKERS OF AMERICA, LOCAL 426, AFFILIATED WITH THE CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. 84129.Decided October 23, 1943
Jurisdiction : instrument and meter manufacturing industry.
Investigation and Certification of Representatives : existence of question: par-
ties stipulated that Company refused to accord petitioner recognition until
certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : guards at one of Company's plants
excluding the captain and two sergeants of the guard.
Mr. C. A. Rcinwald, of New York City, and Mr. T. Turner, of
Newark, N. J., for the Company.
'Mr. Samuel L. Rothbard and Mr. Arthur- Davis, of Newark, N. J.,
for the Union.
Mr. Louis A. Pontello, Jr.; of counsel to the Board.
DECISION
AND
"DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio and Machine
-Workers of-America, Local 426, affiliated with the Congress of Indus-
trial Organizations, -herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Westinghouse Electric & Manufacturing Co., Meter Divi-
sion, Newark, tNew-Jersey, herein called the Company, the National
Labor RelAtions.Board -provided for an appropriate -hearing upon due
notice before Cyril W. O'Gorman, Trial Examiner. Said hearing
was held at Newark, New Jersey, on August 5, 1942. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine, and cross-examine witnesses, -and to
uitroduce' evidence' bearing on the'•isstie's'. " The Trial Exaininer's'rul-
rings made at the hearing are free from prejudicial error and are hereby
affirmed. ' - - - -
45 N. L. R. B., No. 10.
51
- 52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT,
1. THE BUSINESS OF TIIE COMPANY
Westinghouse Electric & Manufacturing Co., a Pennsylvania cor-
poration, is engaged in the_nzanufacture, sale; and distribution of
instruments, relays and meters, at its Newark-Works Meter Division
plant, Newark, New Jersey, which is the only plant involved in this
proceeding. - The principal raw materials used by the Company
include brass, copper, glass, steel, bakelite, and miscellaneous metals.
During the first 6 months of 1942, the total volume of raw materials
purchased by the Company for use in its Newark plant exceeded
$100,000, approximately 90 percent of which was purchased outside
the State of New Jersey. - During the same period the Company
manufactured and sold finished products valued at more than $100,-
:000, of which more than 95 percent was sold and shipped to points
outside of the State of New Jersey.
The. Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act..
II. THE ORGANIZATION INVOLVED'
United Electrical, Radio and Machine Workers of America,-Local
426, is a labor organization affiliated with, the-. Congress,of Industrial
Organizations, admitting to merribership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the Union stipulated that prior to the hearing
the Union made a demand upon the Company to bargain for the
plant guards at the Newark Works Meter Division plant. The Coln-
'pany refused to recognize or bargain with the Union until the Union
had been certified by the Board.
A statement of the Regional Director introduced into evidence
shows that the Union represents a substantia1.nwuber. of the em-
ployees in the unit hereinafter found to be appropriate.' - -
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.
The Regional Director reported that the Union presented 11 membershin application
cards, which were dated in May 1942 and June 1942, all of the cards-appeared to bear
genuine original signatures ; all of the signatures were the names of persons whose names
appeared 'on the Company's pay roll of June 20, 1942. The number of employees in the
unit which the Union alleges to be appropriate was 12 as of June 20, 1942.
WESTINGHOUSE -ELECTRIC &'-MANUFACTURING CO'. :
_1V: 'TI-IEiAPPROPRIATE UNIT
53
The-Union contends that--all-guards of the Compaliy, excluding
the captain and sergeants of the guards, constitute an appropriate-
unit. - The COinpany'takes` the position that, because of -the nature,
of their duties and responsibilities, the-guards should not belong to-
the same union as other employees of the Company nor should they
have the same collective bargaining agent. .
There are 12,guards, exclusive of a captain and 2 sergeants, em-
ployed by the Company as police officers. These guards are sworn
in as`special deputy sheriffs. The guards work on gate duty, inspect-
ing passes of employees and others entering the premises, and also-
inspecting all trucks,,car^, and packages that leave or enter the plant.
It is their duty to check whether the rules and regulations issued by
the United States Government and safety Iules are carried out by-
the employee`s, and.to report any infractions of such rules and regula-
tions to the Company. In addition the guards patrol the plant in
order to prevent theft or- damage to the property of the Company.-in
also register- through a clocking systein the entrance and
departure-of all employees.
The Company has contracts with "the Union covering all produc-
tion and maintenance employees, and also covering salaried em-
ployees, of the Newark Works Meter Division. Guards and police-
officers,, inter alia, were expressly, excluded from coverage under
these contracts. The Company urges that the duties and responsibil-
ities of the guards are incompatible with their membership in and
representation by the none labor organization serving as the repre-'
sentative of the other employees, and that the 'guards' efficiency
would be impaired and their loyalty divided if the Union should
become their representative. We cannot sustain the contentions of the
Company in this respect, for the reasons stated in our recent Chn jsler
decision.2 _
The captain and the two sergeants of the guards supervise the
work of all plant guards. We shall therefore exclude them from the
unit.
We find that all guards at. the Company's Newark Works Meter
Division, excluding the captain and the two sergeants of the guards,
constitute a unit appropriate for the purposes, of collective bargaining
within the meaning of Section 9 (b) of the Act. -
"See Matter of Chrysler Corporation, Inghland Path, Plant and Local 111r, United Auto-
mob? to, Aircraft-and Agri cultural"Intplement'iVo, hers of it in el-ica>, a! lrated'atith the C. 1 0,
44 N L R B 881. - ,
54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
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
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the 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 National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Westinghouse
Electric & Manufacturing Co., Meter- Division, Newark,-New Jersey,
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 Director for the
Second Region, acting in this matter as agent for the National Labor
Relations Board and subject to Article III, Section 9, of said Rules
and Regulations, among the employees in the unit found appropri-
ate in Section IV, above, who., were employed during the pay-roll
period immediately preceding. the date of this Direction of Election,
including employees who did not work during- such pay-roll ,period,
because they were ill or on vacation or in the active military service or
training of the United States, or temporarily laid off, but excluding
employees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by United Elec-
trical, Radio and Machine Workers of America, Local 426, C. I. 0.,
for the purposes of collective bargaining. -