Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 25, 1943

47 N.L.R.B. 21 (N.L.R.B. 1943)

In the Matter' of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY (LOUISVILLE ORDNANCE DIVISION) and OFFICE EMPLOYEES &
CLERICAL WORKERS UNION, LOCAL 22906 (A. F. OF L.)
Case No. B-4711.-Decided January 25,1943
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to grant recognition until petitioner was certified by Board, election
necessary.
Unit Appropriate for Collective Bargaining : all time-study employees, blueprint
room employees, and the pay-roll clerks who prepared the'salaried employees'
pay roll, employed at one plant of company.
Mr. William E. Miller, of Pittsburgh, Pa., for the Company.
Mr. Harry F. Petty and Mr. C. E. Hydes, of Louisville, Ky., for the
union.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Office Employees & Clerical Workers
Union, Local 22906 (A. F. of L.), herein called the Union , alleging that
a question affecting commerce had arisen concerning the representa-'
tion of employees of Westinghouse Electric & Manufacturing Com-
pany, Louisville Ordnance Division , Louisville , Kentucky , herein
called the Company, the National Labor Relations Board , provided
for an appropriate hearing upon due notice before William I. Shooer,
Trial Examiner . Said hearing was held at Louisville , Kentucky, on
December 29, 1942. The Company and the Union appeared , partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner 's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
47 N. L. R B, No. 4.
21
22' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THIS COMPANY
Westinghouse Electric & Manufacturing Company is a Pennsylvania
corporation witl^',its principal office and' place of business at Pitts-
burgh, Pennsylvania. It is engaged in the manufacture, sale, and
distribution of a wide variety of electrical machinery and equipment,
and operates numerous plants in various parts "of the United States.
Only the United States Naval Ordnance plant, located at Louisville,
Kentucky, is involved in this proceeding. At this plant the Company
is engaged in the manufacture and assembly of electrical equipment
for the United States Navy. Approximately 95 percent of the raw
materials used at this plant is obtained from sources outside the State
of Kentucky, and substantially all the products produced at this plant
afe shipped to points outside the State of Kentucky. The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
Office Employees & Clerical Workers Union, Local 22906, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE C UESTION CONCERNING REPRESENTATION
On or about November 5,,1942, the Union requested recognition as
the exclusive bargaining representative for the employees of the Com-
pany in the alleged appropriate unit. The Company refused to grant
such recognition unless and until the Union was certified by the Board.
A statement prepared by a Field Examiner of the Board, introduced
'into evidence at the hearing, indicates that the Union represents a
substantial number of employees in the unit hereinafter found
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within,the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV: THE APPROPRIATE UNIT
The Union contends that all time-study employees, blueprint room
employees, and pay-roll clerks employed by the Company at its Louis-
i The report of the Field Examiner sates that the Union submitted 18 authorization cards
bearing apparently genuine signatures ; that 15 of these cards bear signatures of persons
whose names are on the Company ' s pay roll of December 8, 1942 , which contains 31 names
of employees in the alleged appropriate unit ; that 9 of the 15 cards were undated, and
6 were dated between July 29 and November 5, 1942. 1
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 23
Ville ordnance plant, constitute an appropriate bargaining unit, and
desires that in the event the Board finds that the alleged unit is appro-
priate, such unit may be merged with the office and clerical unit which
it now represents. ' The Company contends that such a unit is inap-
propriate because the work of these employees is highly confidential
and closely allied with the management.
The record discloses that the Company, at the plant here involved;
has collective bargaining contracts with the International Association
of Machinists (A. F. of L.), for all production and maintenance em-
ployees, including group leaders, and with the Union, which is the
petitioner in this case, for all office and clerical employees, excluding
production department employees, inspection department employees,
time-study employees, private secretaries, blueprint room employees,,
pay-roll clerks, supervisors, and those who have the right to hire or
'discharge. United Electrical, Radio & Machine Workers of America,
C. I. 0., is .the certified bargaining representative for all inspectors
and' tool designers of the Company at this plant, pursuant to certifi-
cation issued by the Board on'December 4, 1942.
The Company employs 20 time-study employees who are salaried
industrial engineers. They establish time values by estimating the
time required and the appropriate production method to be followed
for the manufacture of each particular unit' of machinery and equip-
ment. Production employees are categorized on a key sheet prepared
by the management, which classifies each employee and designates
the rate of base pay for each class. The determinations made by the
time-study employees do not affect the key sheet rates, but do affect
bonus payments made'to production employees. Time-study em1loyees
do not establish time values and production methods for the ,blue-
print room employees or the pay-roll clerks, nor do they have the
authority to hire or discharge. Inasmuch as the work of the time-
study employees does not affect the pay of blueprint room employees
or pay-roll clerks, and since they do not have the authority to hire
or discharge, we shall include them in the unit. ' - -
The Company employs eight blueprint room employees who work
in a separate room from other employees, alid handle the drawings
of the complete and detailed assembly of each product manufactured
by the Company. Their work is closely allied with that of other cler=
ical employees of the Company who distribute copies of the original
blueprints throughout the production department and are represented
by the Union. Since their duties are clerical in nature, we shall in-
clude them' in the unit.
It appears that there are only two pay-roll clerks whom the Union
desires included in the unit, since its contract with the Company covers
all pay-roll clerks who prepare the pay rolls of the Company's hourly
24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
paid employees.. These two pay-roll clerks in question are clerical
employees who prepare the pay roll of all salaried employees of the
Company., Since, their duties are primarily clerical in nature, we
shall include them in the unit. , ,
As heretofore noted the Company contends that a unit comprised
of time-study employees,, blueprint room, employees and the two pay-
roll clerks who prepare the pay rolls of the salaried employees, is in-
appropriate because their work is of a highly confidential nature.
The work performed by these employees does not relate directly to the
problem of labor relations nor are they so identified with management
that they should be denied the right to bargain collectively. In
view of these circumstances, we find, the Company's contention to be
without merit.
We find that all time-study employees, blueprint room employees,
and the pay-roll clerks, who prepare the salaried employees' pay
roll employed by the Company at its Louisville Ordnance Division,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec=
tion herein, subject to the limitations and additions set forth in the
Direction.
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to; ascertain representa-
tives for the purpose of collective bargaining with Westinghouse
Electric & Manufacturing Company, Louisville Ordnance Division,
Louisville, Kentucky, 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 Ninth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations, among the employees in the unit
found appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direc-
tion, including' any such employees who did not work during said
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 25
pay-roll period because they were ill or on vacation or temporarily laid
off, and including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding any who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Office Employees & Clerical
Workers Union, Local 22906 (A. F. of L.), for the purposes of collec-
tive bargaining.
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