Westinghouse Electric Corp.

National Labor Relations Board - Board Decisions

Dec 22, 1947

75 N.L.R.B. 638 (N.L.R.B. 1947)

In the Matter Of WESTINGHOUSE ELECTRIC CORPORATION, EMPLOYER
and PATTERN MAKERS LEAGUE OF NORTH AMERICA, PETITIONER
Case No. 8-B-2101.-Decided December 22, 1947
Mr. Job Taylor, of Pittsburgh, Pa., and Messrs. D. E. Jenkins
and I. M. Dinger, both of Cleveland, Ohio for the Employer.
Mr. George Q. Lynch, of Washington, D. C., and Mr. Charles D.
Madigan, of Cleveland, Ohio, for the Petitioner.
Mr. Seymour Lin field, of New York City, and Mr. Herbert Hirsch-
berg, of Cleveland, Ohio, for 'the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, bearing in this case was held at Cleve-
land, Ohio, • on August 13, 1946, before George F. Hayes, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. The Board heard
oral argument at Washington, D. C., on April 17,1947.
Upon the entire record in the-case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Westinghouse Electric Corporation, a Pennsylvania corporation, is
engaged in the manufacture of electrical products at its several plants
throughout the United States. The only plant involved in this pro-
ceeding is located at Cleveland, Ohio.
During the year preceding the date of the hearing herein, the
Employer purchased raw materials for use at its Cleveland plant
valued at more than $1,000,000, of which more than 50 percent repre-
sented shipments from points outside the State of Ohio. During the
same period, the Employer sold finished products of its Cleveland
plant valued at more than $1,000,000, of which more than 50 percent
represented shipments to points outside the State.
75 N: L R. B, No. 73
038
WESTINGHOUSE ELECTRIC CORPORATION 639
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
Local 777, United Electrical, Radio and Machine Workers of Alner-
ica, herein called the Intervenor, is a, labor organization affiliated with
the Congress of Industrial Organizations, claiming to represent
employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES
The Petitioner seeks a unit composed of all wood and metal pattern
makers and apprentices of the Employer at its Cleveland plant, exclud-
ing supervisors. The Intervenor contends that collective bargaining
history on a. plant-wide production and maintenance basis precludes
a finding at this time that the unit sought by the Petitioner is appro-
priate. The Employer takes no position with respect to the unit issue.
Before 1940, the employees at the Employer's Cleveland plant bar-
gained through an employee representation plan. In 1939, however,
Employees Federation of Westinghouse Electric-and Manufacturing
Company, Lighting Division, an unaffiliated labor organization, herein
called the Federation, filed a petition with the Board requesting the
establishment of a plant-wide production and maintenance unit. At
approximately the same time, Metal Polishers,.Buffers, Platers, Spin-
ners & Helpers International Union, Local No. 3, A. F. of L., herein
called the, Metal Polishers, filed a petition requesting the establish-
ment of a unit confined to the Employer's metal polishers, buffers,
spinners, platers, and helpers. The Board consolidated the two cases
and on' March 27, 1940, directed that elections be held in the following
groups: (1) all production, maintenance and service employees, (2)
all, clerical employees, and (3) all metal polishers, buffers, spinners,
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
platers and helpers.' The Federation won the elections in the first
two groups and the Metal Polishers won the election in the third group.
Thereafter, both labor organizations were certified for their respective
units, and entered into collective bargaining agreements ,with the
Employer.
Late in 1943, the Intervenor herein filed a petition for certification
as the bargaining representative of the Employer's production and
maintenance employees, excluding the employees represented by the'
Metal Polishers. The Board, on December 4, 1943, directed an elec-
tion among these employees, specifically including pattern makers.2
The Intervenor won the election and was certified by the Board on
January 3, 1944. The Petitioner herein did not participate in either
the 1940 or 1943 Board proceedings.3
On April 1, 1944, the Employer and the Intervenor entered into a
maintenance-of-membership contract which remained in effect until
March 31, 1946. The Intervenor called a strike at the Cleveland plant
on January 15, 1946, which was not terminated until the parties
executed a new contract on May 9, 1946, which contract was in effect
at the time of the hearing herein 4 In short, the Employer's pattern
makers have been represented together with its production and main-
tenance employees, other than those represented by the Metal Polishers,
since 1940.
The pattern makers herein constitute a highly skilled, well recog-
nized craft group,5 employed in an industry in which craft units of
pattern makers are frequently encountered .6 Under these circum-
stances, we believe that the pattern makers involved in this proceeding
also may, if they so desire, constitute a separate unit, notwithstanding
the Board's previous more inclusive unit determinations.7,
1 Matter of Westinghouse Electric f Manufacturing Company, Lighting Division, 21
N L R B 1150
2 Matter of Westinghouse Electric it Manufacturing Company, Lighting Division, 53
N L R B 1073
2 The record reveals that, while the Petitioner had many members among the Employer's
pattern makers in 1919, it never secured a contract from the Employer The record is not
clear concerning the number of members the Petitioner had at the plant immediately, be;
fore and during the time that the Intervenor was certified
1 Neither the Employer nor the Intervenor claims that the 1946 contract is a bar to
this proceeding.
5 See Matter of aenetal Electric Company (Ly)n Ritter Woi ks and Everett Plant),
58 N L R B 57; Matter of John Deere Dubuque Tractor Company, 72 N L. R. B. 656;
Matter of Kaiser Frazer Corporation, 73 N L. It. B. 109 , Matter of Combustion Engineering
Company, Inc, 74 N. L. R. B 556; Matter of Kelsey-Hayes Wheel Company , 74 N. L. R B.
603
5 The Board has found a pattern makers unit appropriate in another of the Employei's
plants. Matter of Westinghouse Electric Corporation (East-Springfield Works), 60 N L.
R B 215
i Section 9 (b) (2) of the amended Act provides that the Board shall not "decide that any
craft unit is inappiopriate . . on the ground that a different unit has been estab-
lished by a prior Board determination , unless a majority of the employees in the proposed
craft unit vote against separate representation."
WESTINGHOUSE ELECTRIC CORPORATION 641
However, the Board will not make any unit determination until it
has first ascertained the desires of the employees involved. We shall
direct that an election be held among all wood and metal pattern
makers and apprentices employed by the Employer at its Cleveland,
Ohio, plant, excluding supervisors as defined in the Act. If, in this
election, the employees select the Petitioner, they will be taken to
have indicated their desire to constitute a separate bargaining unit.
We shall not place the Intervenor's name on the ballot, inasmuch as it
has not complied with Section 9 (f) and (h) of the Act, as amended."
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Westinghouse Electric Cor-
poration, Cleveland, Ohio, an election by secret ballot shall be con-
ducted 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 Eighth Region, and subject to Sections
203.61 and 203.62 of National Labor Relations Board Rules and Regu-
lations-Series 5, among the employees in the voting group described
in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by Pattern Makers League
of North America for the purposes of collective bargaining.
8 See Matter of Rite-Form Corset Company, 75 N. L. R B 174