Westinghouse Electric Corp.

National Labor Relations Board - Board Decisions

Dec 16, 1947

75 N.L.R.B. 589 (N.L.R.B. 1947)

In the Matter Of WESTINGHOUSE ELECTRIC CORPORATION, EMPLOYER
and ASSOCIATION OF WESTINGHOUSE SALARIED EMPLOYEES, AFFILI-
ATED WITH FEDERATION OF WESTINGHOUSE INDEPENDENT SALARIED
UNIONS, PETITIONER
Case No. 20-R-2176
SUPPLEMENTAL DECISION
AND
DIRECTION
December 16, 1947
On July 29, 1947, pursuant to a Decision and Direction of Election ^
issued by the' Board, an election by secret ballot was conducted under
the direction and supervision of the Regional Director for the Twen-
tieth Region, San Francisco, California. Upon completion of the elec-
tion, the Regional Director issued and duly served upon the parties a
Tally of Ballots. The Tally shows that there were approximately 107
eligible voters, and that 87 ballots were cast, of which 33 were for. the
Petitioner, 36 were for the Intervenor, 4 were for neither lahor organi-
zation, and 14 were challenged. The Tally further shows that the
challenged ballots are sufficient in number to affect the results of the
election.
On August 11, 1947, a stipulation signed by all the parties was filed
with the Regional Director. The stipulation provides that the chal-
lenged ballots of four design engineer employees, J. S. Austin, W. Boe,
D. P. Morton, and D. Tredor, should not be counted because they are
professional employees within the meaning of the National Labor Re-
lations Act, as amended; that the challenged ballot of N. E. Blazer
should not be counted because he is a supervisor; and that the nine re-
maining challenged ballots should be opened and counted inasmuch as
they are not professional employees. The stipulation further provided
that it may be incorporated in and made a part of the record herein,
that the parties waive further proceedings on the issue of the chal-
lenged ballots, and that the Board may issue an appropriate order
forthwith.
1 74 N. L R . B. 153, as amended on July 15, 1947.
75 N. L. R. B., No. 66.
589
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board hereby approves the above-mentioned stipulation and
hereby includes the stipulation as a part of the record in this proceed-
ing. We accordingly find that J. S. Austin, W. Boe, D. P. Morton,
D. Tredor, and N. E. Blazer were not eligible to vote in the election and
their ballots are hereby declared invalid. We also find that the nine re-
maining employees were eligible to vote and their ballots are hereby
declared valid. Since the results of the election may depend upon
the counting of the nine challenged ballots declared valid, we shall
direct that they be opened and counted.
DIRECTION
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, as amended, and pursuant to Section 203.61 of National Labor
Relations Board Rules and Regulations-Series 5, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Westinghouse
Electric Corporation, Emeryville, California, the Regional Director
for the Twentieth Region shall, pursuant to the Rules and Regulations
of the Board set forth above, within ten (10) days from the date of this
Direction, open and count the ballots of E. Aboumrad, K. L. Bitzer,
F. Miller, L. Duggan, V. Jiminez, H. J. Karcher, H. J. Cabral, W. E.
Farrell, and D. S. Shannon, and thereafter prepare and serve upon
the parties to this proceeding a Supplemental Tally of Ballots.
CHAIRMAN HERZOG took no part in the consideration of the above
Supplemental Decision and Direction.