Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 28, 1941

33 N.L.R.B. 36 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY
(FAIRMONT REPAIR SHOP ) and LOCAL 624 OF THE UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF AMERICA , AFFILIATED WITH THE
C. I. O.
Cage No. R-4614-Decided Jume 28, 1941
Jurisdiction : electrical and machine service repairing industry.
Investigation and Certification of Representatives : existence of question:
parties stipulated that Company refuses to recognize petitioner until certified by
the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all maintenance, production, and
service employees , including truck drivers, shippers and receivers , and store-
room workers, excluding supervisors and office workers ; stipulation as to.
Mr. William E. Miller, of Pittsburgh, Pa., for the Company.
Mr. Hugh J. Harley, of Pittsburgh, Pa., for the United.
Mr. Ralph S. Clifford, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 30, 1941, Local 624 of the United Electrical, Radio and
Machine Workers of America, affiliated with the C. I. 0., herein called
the United, filed with the Regional Director for the Sixth Region
(Pittsburgh, Pennsylvania) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Westinghouse Electric & Manufacturing Company, (Fairmont
Repair Shop),' Fairmont, West Virginia, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c), of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On May 27, 1941, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations
Board Rules and Regulations--Series 2, as amended , ordered an in-
vestigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
1 The formal papers in this proceeding incorrectly designated the name of the Company
as the Fairmont Service Shop . This was corrected by motion at the hearing.
33 N. L . R. R., No. 6.
36
WE'SPPTN'GI3oUSE ELEODRIC & MANUFACTURING COMPANY 37
On June 4, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the United.
Pursuant to notice, a hearing was held on June 4, 1941, at Fairmont,
West Virginia, before Robert H. Kleeb, the Trial Examiner duly
-designated by the Chief Trial Examiner.2 The Company and the
United were represented and participated in the hearing. Full oppor-
tunity to be heard, to examine and to cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the hearing the Trial Examiner made rulings on the admission
,of evidence. These 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
The Westinghouse Electric & Manufacturing Company, a Pennsyl-
vania Corporation, having subsidiaries, plants, distributors, dealers,
and warehouses throughout the United States and in foreign coun-
tries, during the year of 1940 had a total volume of business amounting
to $239,431,447.81. This proceeding is concerned only with the plant
at Fairmont, West Virginia, where the Company is engaged in elec-
trical and machine service and repair. The monthly purchases in
connection with the Fairmont plant averages approximately $1,500.
Approximately 85 per cent of the purchases of raw materials for the
plant are purchased outside the State of West Virginia. The average
monthly billing of repair work of the plant is approximately $6,500,
and approximately 3 per cent of the total repair work is performed
for customers outside the State of West Virginia.
II. THE ORGANIZATION INVOLVED
Local 624 of the United Electrical, Radio and Machine Workers of
America, affiliated with the Congress of Industrial Organizations, is
a labor organization admitting to membership employees of the
Company.
III: THE QUESTION CONCERNING REPRESENTATION
At the hearing the parties stipulated that the Company refuses to
recognize the United as the sole and exclusive representative for its
employees at the Fairmont, West Virginia, repair shop, until the
Board certifies the United as the sole and exclusive representative of
the employees of the Company within an appropriate unit.
2 At the hearing both the Company and the United accepted service of notice and waived
the time requirement.
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
At the hearing a report prepared by the Regional Director was
introduced into evidence showing that the United represents a sub-
stantial number of the employees within the unit hereinafter found to
be appropriate."
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties agreed, and we find, that all maintenance,
production, and service employees, including truck drivers, shippers
and receivers, and storeroom workers, excluding supervisors and office
workers, constitute a unit appropriate for the purposes of collective
bargaining. We further find that said unit will insure to the employees
of the Company the full benefit of their right to self-organization and
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. We shall direct that those eligible to vote in
the election shall be the employees within the appropriate unit who
were employed by the Company during the pay-roll period of June 4,
1941, subject to such limitations and additions as are set forth in the
Direction.
Upon the basis of the above findings of fact and upon the entire,
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of the employees of the Westinghouse Electric & Manufac-
The Regional Director reported that the United has submitted 18 application cards
for membership , 11 dated in April 1941 and 2 undated, all bearing apparently genuine,
original signatures. All of the above 13 signatures are the names of persons whose names-
are on the Company pay roll of May 1, 1941. On the Company's pay roll of May 1, 1941,
there are 14 hourly paid employees listed for the Fairmont Repair Shop.
WZ'Stl̀ 1:1fGHGIYS9 MEIGTRIC & MA1SMFM TURING comiFA 39
turing Company ( Fairmont Repair Shop ), Fairmont , West Virginia,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
Act.
2. All maintenance , production, and service employees , including
truck drivers , shippers and receivers , and storeroom workers , exclud-
ing supervisors and office workers at the Company 's Fairmont, West
Virginia , repair shop , 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 Relations 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with the Westinghouse Electric & Manufacturing Company (Fair-
mont Repair Shop), Fairmont, West Virginia, 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 Sixth Region, acting in
this matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 9, of said Rules and Regulations, among all
maintenance, production, and service employees, including truck driv-
ers, shippers and receivers, and storeroom workers of the Company at
its Fairmont, West Virginia, repair shop who were employed during
the pay-roll period of June 4, 1941, 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 supervisors and office workers, and
those who have since quit or been discharged for cause, to determine
whether or not they desire to be represented for purposes of collective
bargaining by Local 624 of the United Electrical, Radio and Machine
Workers of America, affiliated with the C. I. O.
[SAME TITLE
CERTIFICATION OF REPRESENTATIVES
July 05, 1941
On June 28, 1941 , the National Labor Relations Board issued its
Decision and Direction of Election in the above -entitled proceeding.
Pursuant to the Direction of Election , an election by secret ballot was
40 DECISIONS OF NATIONAL LABOR RELAT1ON9-`B6AR.15''`
conducted on July 10, 1941, under the direction and supervision of the
Regional Director for the Sixth Region (Pittsburgh, Pennsylvania).
On July 12, 1941, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly served upon the parties
an Election Report. 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 on eligibility list_______________________________________ 14
Total ballots cast______ _____________________________________ 9
Total ballots challenged------------------------------------- 0
Total blank ballots_________________________________________ 0
Total void ballots___________________________________________ 0
Total valid votes cast--------------------------------------- 9
Votes cast for Local 624 of The United Electrical , Radio and Ma-
chine Workers of America, affiliated with the C. I. 0-------- 9
Votes cast against Local 624 of The United Electrical, Radio and
Machine Workers of America, affiliated with the C. I. 0------ 0
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
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 ummBy CERTIFIED that Local 624 of The United Electrical,
Radio and Machine Workers of America, affiliated with the Congress
of Industrial Organizations, has been designated and selected by a
majority of all maintenance, production, and service employees, includ-
ing truck drivers, shippers and receivers, and storeroom workers of
the Company at its Fairmont, West Virginia, Repair Shop, but exclud-
ing supervisors and office workers, as their representatives for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, Local 624 of The United Electrical, Radio and Machine
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, is the exclusive representative of all such employees for
the purpose of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
33 N. L . R. B., No. 6a.