Westinghouse Electric and Manufacturing Company-Porcelain Division at Derry, Pennsylvania

National Labor Relations Board - Board Decisions

Jun 15, 1939

13 N.L.R.B. 310 (N.L.R.B. 1939)

In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING COM-
PANY-PORCELAIN DIVISION AT DERRY, PENNSYLVANIA , and UNITED
ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA
In the Matter of WESTINGHOUSE ELECTRIC AND MANUFACTURING COM-
PANY-PORCELAIN DIVISION AT DERRY, PENNSYLVANIA, and INDE-
PENDENT ELECTRICAL AND PORCELAIN WORKERS OF PENNSYLVANIA, OF
DERRY BOROUGH
Cases Nos. R-1359 and R-1360, respectively
AMENDMENT TO DIRECTION OF ELECTION
June 15, 1939
On May 31, 1939, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled proceeding, the election to be held within fifteen (15) days
from the date of Direction, under the direction and supervision of the
Regional Director for the Sixth Region (Pittsburgh, Pennsylvania).
The Direction of Election directed that an election by secret ballot
be conducted among the production and maintenance employees of
the Westinghouse Electric & Manufacturing Company, Porcelain Di-
vision, at Derry, Pennsylvania, exclusive of technical, clerical, and
supervisory employees, who were on the Company's pay roll of March
23, 1939, which covers employment during the pay-roll period between
March 1 and 15, 1939, including employees who did not work during
such pay-roll period because they were ill or on vacation, but exclud-
ing those employees who since March 15, 1939, have quit or been dis-
charged for cause, to determine whether they desire to be represented
by the United Electrical, Radio & Machine Workers of America, Local
612, or by the Independent Electrical and Porcelain Workers of Penn-
sylvania, of Derry Borough, for the purposes of collective bargaining,
or by neither.
The Board, having been advised by the Regional Director for the
Sixth Region that the United Electrical, Radio & Machine Workers
of America, herein called the United, has requested the withdrawal of
its name from the ballot, hereby grants that request.
Since the situation has been altered by this withdrawal of the
United, the Board hereby amends its Direction of Election by striking
it and substituting the following: "It Is Hereby Directed That,as
13 N. L. R. B., No. 36.
310
WESTINGHOUSE ELECTRIC AND MANUFACTURING COMPANY 311
part of the investigation ordered by the Board to ascertain representa-
tives for the purposes of collective bargaining with Westinghouse
Electric and Manufacturing Company, Porcelain Division, at Derry,
Pennsylvania, an election by secret ballot shall be conducted under
the direction and supervision of the Regional Director for the Sixth
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among the production and maintenance employees of
the Company, exclusive of technical, clerical, and supervisory em-
ployees, who were on the Company's pay roll of March 23, 1939, which
covers employment during the pay-roll period between March 1 and
15, 1939, including employees who did not work during such pay-roll
period because they were ill or on vacation, but excluding those em-
ployees who since March 15, 1939, have quit or been discharged for
cause, to determine whether or not they desire to be represented by
the Independent Electrical and Porcelain Workers of Pennsylvania,
of Derry Borough, for the purposes of collective bargaining; such
election shall be held within twenty (20) days from the date of this
Amended Direction provided, however, that no election shall be held.
as herein directed, if the Independent Electrical and Porcelain Work-
ers of Pennsylvania, of Derry Borough, shall within ten (10) days
from the date of this Amended Direction notify the Regional Direc-
tor for the Sixth Region that it desires no election to be held pursuant
to its petition."
MR. J. WARREN MADDEN took no part in the consideration of the
above Amendment to Direction of Election.
LSADME TITLE]
SUPPLEMENTAL DECISION AND ORDER
July 15, 1939
On June 15, 1939, the National Labor Relations Board, herein
called the Board, issued an Amendment to Direction of Election
in the above-entitled proceeding, granting the request of the United
Electrical, Radio & Machine Workers of America, herein called the
United, to withdraw its name from the ballot and directing that an
election by secret ballot be conducted, under the direction and super-
vision of the Regional Director for the Sixth 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
production and maintenance employees of the Company, exclusivi-
312 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
of technical, clerical, and supervisory employees, who were on the
Company's pay roll of March 23, 1939, which covers employment
during the pay-roll period between March 1 and 15, 1939, including
employees who did not work during such pay-roll period because
they were ill or on vacation, but excluding those employees who since
March 15, 1939, have quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by the Independent
Electrical and Porcelain Workers of Pennsylvania, of Derry
Borough, for the purposes of collective bargaining ; such election to
be held within twenty (20) days from the date of the Amended
Direction provided, however, that no election shall be held, as
directed, if the Independent Electrical and Porcelain Workers of
Pennsylvania, of Derry Borough, shall within ten (10) days from
the date of this Amended Direction notify the Regional Director
for the Sixth Region that it desires no election to be held pursuant
to its petition.
On June 23, 1939,' the Regional Director for the Sixth Region
(Pittsburgh, Pennsylvania) was advised by the Independent Elec-
trical and Porcelain Workers of Pennsylvania, of Derry Borough,
herein called the Independent, that it does not desire an election to
be held at this time. The petition of the Independent for investi-
gation and certification of representatives of employees of Westing-
house Electric and Manufacturing Company, Porcelain Division, at
Derry, Pennsylvania, herein called the Company, will therefore be
dismissed. Since the request of the United to withdraw from the
ballot has previously been granted, its petition for investigation and
certification of representatives of employees of the Company will
also be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Section 8, of-National Labor
Relations Board Rules and Regulations-Series 2,
IT IS HEREBY ORDERED that the petitions for investigation and certi-
fication of representatives of employees of Westinghouse Electric and
Manufacturing Company, Porcelain Division, at Derry, Pennsyl-
vania, filed by the United Electrical, Radio & Machine Workers of
America and by the Independent Electrical and Porcelain Workers
of Pennsylvania, of Derry Borough, be, and they hereby are,
dismissed.
1 The notification was made by letter dated June 23, 1939 , and received at the office of
the Recional Director on June 26, 1939.
13 N. L. R. B., No. 36a.