Westinghouse Electric & Mfg. Co.

National Labor Relations Board - Board Decisions

May 22, 1940

23 N.L.R.B. 1049 (N.L.R.B. 1940)

In the Matter of WESTINGHOUSE ELEcTRIc & MFG. Co. and AssocIATloN
OF WESTINGHOUSE SALARIED EMPLOYEES
Case No. R-1623
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
May 2°2,1940
On January 19, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceedings.' Pursuant to the Direction of Election,
an election by secret ballot was conducted on February 15, 1940, under
the direction and supervision of the Regional Director for the Sixth
Region (Pittsburgh, Pennsylvania). On February 16, 1940, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, issued
an Election Report, copies of which were duly served upon the parties.
No objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
As to the balloting and its results, the Regional Director reported as
follows :
Total number of eligible voters_____________________________ 2,528
Total number of ballots counted___________________________ 2,219
Total number of votes for Association of Westinghouse
Salaried Employees_____________________________________ 2,136
Total number of votes against Association of Westinghouse
Salaried Employees_____________________________________ 81
Total number of blank ballots______________________________ 1
Total number of void ballots________________________________ 1
Total number of challenged ballots_________________________ 0
On April 13, 1940, the Board issued a Supplemental Decision and
Direction of Elections in the above-entitled proceedings.2 Pursuant
to the Supplemental Direction of Elections, elections by secret ballo4
were conducted on May 7, 1940, under the direction and supervision
of the Regional Director for the Sixth Region. On May 8, 1940, the
219 N. L.IR.B.640.
D 22 N. L. R. B. ^50.
23 N. L. R. B., No. 112.
1049
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, issued a Supplemental Election Report, copies of which
were duly served upon the parties. No objections to the conduct of
the ballots-.or.the Supplemental Election Report have been filed by
any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
GROUP I-SALARIED PRODUCTION EMPLOYEES, SALARIED INSPECTORS AND
SALARIED INSPECTORS ' STENOGRAPHERS
Total number of eligible voters------------------------------- 608
Total number of ballots counted------------------------------ 519
Total number of votes for Association of Westinghouse
Salaried Employees_______________________________________ 441
Total-'number of votes against Association of Westinghouse
Salaried Employees--------------------------------------- 73
Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of challenged ballots-------------------------- 6'
GROUP II-PowERHousE EMPLOYEES
Total number of eligible voters------------------------------- 22
Total number of ballots counted------------------------------ 20
Total number of votes for Association of Westinghouse
Salaried Employees--------------------------------------- 19
Total number of votes against Association of Westinghouse
Salaried Employees----=-------= ------------------------ 1
Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- : 0
Total number.of challenged ballots---------------------------= 0
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
In our Decision and Direction - of Election of January 19, 1940,
we found that the salaried employees of Westinghouse Electric & Mfg.
Co. at its East Pittsburgh Unit, including Genevieve C. Cole, but ex-
eluding all other salaried production employees and all supervisory
employees, inspectors, inspectors' stenographers, and the employees
in the powerhouse, constituted a unit appropriate for the purposes of
collective bargaining and directed that an election be held among them.
In our Supplemental Decision and Direction of Elections of April 13,
1940, we directed the holding of further elections among (1) the power-
house employees excluding supervisory employees and (2) the salaried
The Regional Director ruled that the challenged ballots would not be counted since
they would not affect the result of the election.
WESTINGHOUSE ELECTRIC Sr MFG. COMPANY 1051
production workers, salaried inspectors, and salaried inspectors'
stenographers, excluding Genevieve C. Cole and supervisory em-
ployees. We did not, pending these further elections, make a final
determination as to the appropriate unit for the purposes of collective
bargaining as respects the employees among whom such elections were
directed. We stated, however, that if Association-of Westinghouse
Salaried Employees obtained a majority in either or both of such elec-
tions, the election group or groups would be considered part of the
general salaried unit.
Accordingly, and in view of the election results described above, we
hereby rescind our finding of January 19, 1940, as to the appropriate
unit. In lieu thereof we find that the salaried employees of Westing-
house Electric & Mfg. Co. at its East Pittsburgh Unit, excluding
supervisory employees, constitute a unit appropriate for the purposes
of collective bargaining and that such unit will insure to employees
of the said Company the full' benefit of their right to self-organiza-
tion and otherwise effectuate the policies of the Act.
Upon the basis of the above findings of fact and the entire record
in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSION OF LAW
The salaried employees of ` Westinghouse Electric & Mfg. Co. 'at,
its East Pittsburgh Unit, excluding supervisory employees, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,'
IT IS HEREBY CERTIFIED that Association of Westinghouse Salaried
Employees- has been designated and selected by a majority of the'
salaried employees of Westinghouse Electric & Mfg. Co. at its East
Pittsburgh Unit, excluding supervisory employees, as their representa-
tive for the purposes of collective bargaining, and that pursuant to
Section 9 (a) of the National Labor Relations Act, Association of
Westinghouse Salaried Employees is the exclusive representative of
all such employees ' for the purposes of collective bargaining with'
respect to rates of pay, wages, hours of employment, and other
conditions of employment.