Westinghouse Electric & Mfg. Co.

National Labor Relations Board - Board Decisions

Apr 13, 1940

22 N.L.R.B. 956 (N.L.R.B. 1940)

In the Matter Of WESTINGHOUSE ELECTRIC & MFG. Co. and ASSOCIATION
OF WESTINGHOUSE SALARIED EMPLOYEES
Case No. R-1623
SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTIONS
April 13,1940
On January 19, 1940, the National Labor Relations Board, herein
called the Board , issued a Decision and Direction of Election in
this case .' Therein the Board directed that an election by secret
ballot be held among the salaried employees of Westinghouse Electric
& Mfg. Co., herein called the Company , at its East Pittsburgh Unit,
excluding supervisory employees , salaried production employees other
than Genevieve C. Cole, inspectors , inspectors ' stenographers, and
employees in the powerhouse , to determine whether or not they de-
sired to be represented by Association of Westinghouse Salaried
Employees , herein called the Association , for the purposes of collec-
tive bargaining.
On January 27, 1940, the Association filed a Petition for Review,
praying in substance that the Board admit into evidence an exhibit
of statements purportedly signed by certain employees of the Com-
pany expressing their desire to be represented by the Association.
On March 6 , 1940, the Board issued and duly served upon all the
parties a notice that on March 25, 1940 ,-or as soon thereafter as might
be convenient , unless sufficient cause to the contrary should then ap-
pear, the Board , by appropriate order , would admit such exhibit
into evidence as being in fact what it purported to be.
On March 21 , 1940, Local No. 601, United Electrical , Radio and
Machine Workers of America, herein called the United , filed objec-
tions to the admission of the exhibit into evidence . The Board has
considered the objections and finds them to be without merit. It is
therefore ordered that said exhibit be, and it hereby is, received in
evidence in this proceeding.
119 N. L. R. B. 640.
22 N. L. R. B., No. 67.
956
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 957
It appears from the exhibit that a substantial number of the
salaried production workers, salaried inspectors, and powerhouse
employees at the Company's East Pittsburgh Unit desire to be rep-
resented by the Association.2 In view of this showing and the cir-
cumstances alluded to in our previous Decision, we are of the opinion
that the employees in these groups should themselves determine
whether or not they should be included in a unit of all salaried
employees. We are also of the opinion that the wishes of the
powerhouse employees, on the one hand, and of the salaried pro-
duction workers and salaried inspectors, on the other, should be de-
termined separately. We shall, therefore, direct that elections, by
secret ballot be held among (1) the powerhouse employees, and (2)
the salaried production workers, salaried inspectors, and inspectors'
stenographers. If the Association obtains a majority in either or
both elections, the election group or groups will be considered part
of the general salaried unit. An election group in which the Asso-
ciation does not receive a majority will be excluded from the general
salaried unit.
In accordance with our usual practice, eligibility to vote will be
determined by reference to the pay-roll period last preceding the
date of this Supplemental Direction of Elections.
SUPPLEMENTAL DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, 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 authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining with Westinghouse Electric & Mfg. Co., East Pittsburgh,
Pennsylvania, elections by secret ballot shall be conducted as early
as possible, but not later than thirty (30) days from the date of this
Direction of Elections, under the direction and supervision of the
Regional Dii ector for the Sixth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Ar-
ticle III, Section 9, of said Rules and Regulations :
(1) Among all salaried production employees, salaried inspectors,
and salaried inspectors' stenographers, who were employed by the
Company at its East Pittsburgh Unit during the pay-roll period
2 The authorizations are signed by 198 of approximately 335 salaried production
workers, 104 of approximately 137 salaried inspectors and inspectors ' stenographers, and.
8 of approximately 23 powerhouse employees
958 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
last preceding the date of this Direction, including all such employees
who did not work during such pay-roll period because they were ill
or on vacation, or who were then or have since been temporarily
laid off, but excluding Genevieve C. Cole, supervisory employees, and
any employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Association
of Westinghouse Salaried Employees for the purposes of collective
bargaining; and
(2) Among all powerhouse employees who were employed by the
Company at its East Pittsburgh Unit during the pay-roll period
lash preceding the date of this Direction, including all such em-
ployees who did not work during such pay-roll period because they
were ill or on vacation or who were then or have since been tempo-
rarily laid off, but excluding supervisory employees and any em-
ployees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Association of
Westinghouse Salaried Employees for the purposes of collective
bargaining.
MR. EDWIN S. SMITH, concurring :
In the earlier Decision in this case I agreed that the salaried pro-
duction employees, salaried inspectors, and powerhouse employees,
should be excluded from the general salaried unit because of the
nature of the work of these employees and the history of collective
bargaining with the Company. In view of the facts that the United
has taken no formal action to seek inclusion of these employees in
the unit the United represents, and that a substantial number of
these employees have expressed a desire to be represented by the
Association, I am now of the opinion that the wishes of these em-
ployees should be permitted to determine their unit status. I there-
fore concur in the present Supplemental Decision and Direction of
Elections.