Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 11, 1940

19 N.L.R.B. 344 (N.L.R.B. 1940)

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY, SHARON PLANT and SHARON WESTINGHOUSE EMPLOYEES
ASSOCIATION
Cases Nos. R-1645 and R-1646.-Decided January 11, 1940
Electrical Apparatus Manufacturing Industry-Investigation of Representa-
tives: controversy concerning representation of employees: employer refuses
to recognize petitioning union as exclusive bargaining agent in either of two
claimed units-Units Appropriate for Collective Bargaining one unit of all
hourly paid employees with addition of salaried production clerks and other
plant-clerical employees, salaried inspectors, tool designer, inspectors' ste-
nographer, instructor of machinist apprentices ; one unit of all salaried employees
with exception of those included in unit previously described-Elections Ordered:
.eligibility to vote as of current pay roll.
Mr. Robert H. Kleeb, for the Board.
Mr. William E. Miller, of Pittsburgh, Pa., for the Company.
Mr. Leo H. McKay, of Sharon, Pa., for the Association.
Mr. Charles Newell, of East Pittsburgh, Pa., for the United.
Mr. Joseph Forer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On October 27, 1939, Sharon Westinghouse Employees Associa-
tion, herein called the Association, filed with the Regional Director
for the Sixth Region (Pittsburgh, Pennsylvania) two petitions,,.
each alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Westinghouse Electric
& Manufacturing Company, Sharon Plant, Sharon, Pennsylvania,
herein called the Company, and requesting an investigation and certi-
fication of representatives pursuant to Section 9 •(c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On No-
vember 6, 1939, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article III.
Sections 3 and 10 (c) (2), of National Labor Relations Board Rules
1 One of the petitions so filed was designated "amended petition."
19 N. L. R. B., No. 39.
344
WESTINGHOUSE ELECPRSC & MANUE'ACTUBING COMPANY 345
and Regulations-Series 2, ordered an investigation and authorized
the Regional Director to donduct it and to provide for an appropriate
hearing upon due notice, and further ordered that the cases be
consolidated.
On November 17, 1939, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the Association, and upon United Electrical, Radio & Machine Work-
ers of America, herein called the United, a labor organization claim-
ing to represent employees directly affected by the investigation.
Pursuant to the notice and a notice of continuance, a hearing was held
on November 30, 1939, at Sharon, Pennsylvania, before Peter F.
Ward, the Trial Examiner duly designated by the Board. The Board,
the Company, and the Association were represented by counsel, and
the United by its representative; all participated in the hearing.
Full opportunity to be,heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner made
several rulings on motions and on objections to the admission of
evidence. After the close of the hearing the Association and the
United submitted briefs, which have been considered by the Board.
Pursuant to notice duly served upon all the parties, a hearing was held
on December 14, 1939, before the Board at Washington, D. C., for the
purpose of oral argument. The Association was represented by
counsel and the United by its representative; both participated in
the argument. The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby: affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Westinghouse Electric & Manufacturing Company is a Pennsyl-
vania corporation owning and operating a number of factories and
plants and having sales activities extending throughout the country.
At its Sharon plant it manufactures electrical transformers. The
volume of monthly purchases in connection with the operation of the
Sharon plant is at present approximately $650,000, and the average
monthly production of the Sharon plant is approximately $1,200,000.
Seventy-five per cent of the raw materials used at the Sharon plant
are shipped thereto from points outside of Pennsylvania. Ninety per
cent of the plant's total production are shipped to points outside of
Pennsylvania, including points in all the other States and, some for-
eign countries. As of September 26, 1939, the total number of em-
ployees at the Sharon plant was 3,506.
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
Sharon Westinghouse Employees Association is a labor organiza,
tion admitting to its membership employees of Westinghouse Electric
& Manufacturing Company, with the exception of ' supervisory
employees.
United' Electrical, Radio and Machine Workers of America, is a
labor organization, affiliated with the Congress of 'Industrial Or-
ganizations, admitting to its membership workers in the electrical,
radio, and machine-building industries.
111. THE QUESTIONS CONCERNING REPRESENTATION
On June 2, 1939, the Association wrote the Company asking for
recognition as the exclusive representative of the Company's em-
ployees for the purpose of collective bargaining. The Company re-
plied on June 7, 1939, that in the absence of certification by the Board
it would recognize the Association as the representative of its mem-
bers only. On October 26, 1939, the Association asked that the Com-
pany recognize it as sole bargaining agent for a unit consisting of all
hourly rate employees of the Company and a unit of all salaried
employees of the Company, in each case excluding supervisory em-
ployees. On October 27, 1939, the Company again refused to recog-
nize the Association except as representative of its members only.
We find that questions have arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We And that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
At the hearing the Association and the United agreed on a unit
to consist of all hourly paid employees of the Company with the
addition of Otto J. Manse, instructor of machinist apprentices, Albert
Molnar, tool designer; Alice P. Joyce, inspectors' stenographer,
salaried inspectors, salaried employees listed on the Company pay
roll as being in the Production Department,2 and salaried employees
2 These employees consist of salaried production clerks and other plant- clerical em-
ployees.
`VESTINGHOtisE ELECTRIC & lIAXUFACTT RING COMPANY 347
in the Stores and Shipping Department with the exception of those
in the Purchasing Department '3 and excluding all supervisory em-
ployees. The Company indicated no preference as to units.. The
unit, as agreed on by the Association and the United, includes all pro-
duction and maintenance employees and other employees whose work
is closely associated with the manufacturing process.
We find that the hourly paid employees of the Company, with the
addition of Otto J. Manse, Albert Molnar, Alice P. Joyce, salaried
inspectors, employees in the Production Department, and employees
in the Stores and Shipping Department with the exception of those
in the Purchasing Department, but excluding supervisory employees,
constitute a unit appropriate for the purposes of collective bargain-
ing and that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
The Association and the United also agreed that all salaried em-
ployees of the Company, excluding supervisory employees and those
salaried employees included in the unit discussed above, constitute
an appropriate unit. We find that the salaried employees of the
Company, excluding supervisory employees, Otto J. Manse, Albert
Molnar, Alice P. Joyce, inspectors, employees in the Production
Department, and employees in the Stores and Shipping Department
with the exception of those in the Purchasing Department, constitute
a unit appropriate for the purposes of collective bargaining and that
said unit will insure to employees of the Company the full benefit
of their right to 'self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing neither the Association nor the United introduced
evidence sufficient to permit a certification of the representative of
the employees in either of the units which we have found to be
appropriate. Elections by secret ballot are therefore necessary to
resolve the questions which have arisen concerning representation.
In accordance with our usual practice, we shall direct that eligibility
to vote shall , be determined with reference to the pay-roll period last
preceding the date of our Direction of Elections.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following : °
3 The Purchasing Department employees are not segregated on the pay-roll list, but are
included under Stores and Shipping Department.
348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-.
sentation of employees of the Westinghouse Electric & Manufactur-
ing Company, Sharon Plant, Sharon, Pennsylvania, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. The hourly paid employees of the Company, with the addition
of Otto J. Manse, Albert Molnar, Alice P. Joyce, salaried inspectors,
employees in the Production Department, and employees in the
Stores and Shipping Department with the exception of those in the
Purchasing Department, but excluding supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
3. The salaried employees of the Company, excluding supervisory
employees, Otto J. Manse, Albert Molnar, Alice P. Joyce, inspectors,
employees in the Production Department, and employees in the., Stores
and Shipping Department with the exception of those in the Pur-
chasing Department, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act.
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, 49 Stat. 449, and pursuant to Article III, Section 84, of,
National Labor Relations. Board Rules and Regulations-Series 2, it
is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Westinghouse Electric & Manufacturing Company, Sharon
Plant, Sharon, Pennsylvania, elections by secret ballot shall be con-'
ducted as early as possible but not later than thirty (30) days from
the date of this Direction of Election, under the direction and super-
vision of the Regional Director for the Sixth Region, acting in this
i'natter as agent for the National Labor Relations Board, and subject
to Article III, Section 9, of said Rules and Regulations :
1. Among all hourly paid employees who were employed by the
Company during the pay-roll period immediately preceding the date
of this Direction, with the addition of Otto J. Manse, Albert Molnar,.
Alice P. Joyce, salaried inspectors, employees in the Production De-
partment, and employees in the Stores and Shipping Department
except those in the Purchasing Department, and including employees
6
WESTINGHOUSE ELECTRIC & MANUFACTURING 1COMPANY 349
who did not work during such pay-roll period because they were ill
or on vacation and employees who were then or have since been
temporarily laid off, but excluding supervisory employees and em-
ployees who have since quit or been discharged for cause, to deter-
:mine whether they desire to-be represented by Sharon Westinghouse
Employees Association or by United Electrical, Radio and Machine
Workers of America, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining, or by
neither ;
2. Among all salaried employees who were employed by the Com-
panyduring the pay-roll period immediately preceding the date of
this 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 have since been temporarily laid off, but excluding
supervisory employees, Otto J. Manse, Albert Molnar, Alice P.
Joyce, inspectors, employees in the Production Department, em-
ployees in the Stores and Shipping Department except those in the
Purchasing Department, and any employees who have since quit or
been discharged for cause, to determine whether they desire to be
represented by Sharon Westinghouse Employees Association or by
United Electrical, Radio and Machine Workers of America, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining, or by neither.
[SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTIONS
January 27, 1940
On January 11, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled proceeding, the elections to be conducted as early
as possible but not later than thirty (30) days from the date of
the Direction. The Board, having been advised by United Electrical
Radio and Machine Workers of America that it desires to have its
name removed from both ballots in the elections ordered by the
Board in this proceeding, hereby amends its Direction of Elections
by striking therefrom the words "they desire to be represented by
Sharon Westinghouse Employees Association ' or by United Electri-
cal, Radio and Machine Workers of America, affiliated with the
Congress of Industrial Organizations; for the purposes of collective
bargaining, or by neither" in each instance where such words appear
in the Direction of Elections and substituting therefor in each such
instance the words "or not they desire to be represented by Sharon
Westinghouse Employees Association, for the purposes of collective
bargaining."
19 N. L. R. B., No. 39a.