Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 8, 1945

59 N.L.R.B. 1504 (N.L.R.B. 1945)

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING
COMPANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF
AMERICA, C. I. O.
Case No. 14-B-1072.-Decided January 8, 1945
Thompson, Mitchell, Thompson cC Young, by Mr. John Hichew,
of St. Louis, Mo., for the Company.
Messrs. Victor Pasche and Charles Anderson, of St. Louis, Mo., for
the U. E.
Mr. James A. Morrell, of St. Louis, Mo., and Mr. J. W. Johnson, of
Clayton, Mo., for the I. B. E. W.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the U. E., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Westinghouse Electric & Manufacturing Company,
St. Louis, Missouri, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Joseph Lepie, Trial Examiner. Said hearing was held at
St. Louis, Missouri, on December 20, 1944. At the commencement of
the hearing, the Trial Examiner granted a motion of International
Brotherhood of Electrical Workers, A. F. of L., herein called the
I. B. E. W., to intervene. The Company, the U. E., and the I. B. E. W.
appeared, participated, 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 hear-
ing are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
59 N. L. R. B., No. 274.
1504
WESTINGHOUSELCTRIC & MANUFACTURING COMPANY 1505
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Westinghouse Electric & Manufacturing Company is a Pennsyl-
vania corporation.. It operates plants in the States of Missouri, New
York, New Jersey, Ohio, and Pennsylvania. We are here concerned
with its plant at St. Louis, Missouri, where it is engaged in the manu-
facture, sale, and repair of electric motors and appliances. During
1943 the Company used raw materials at its St. Louis plant valued in
excess of $400,000, about 75 percent of which was shipped to it from
points outside the State of Missouri. During the same period, the
Company sold products from its St. Louis plant valued in excess of
$600,000, approximately 50 percent of which was shipped to points
outside the State of Missouri.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
I.I. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
International Brotherhood of Electrical Workers is a labor organi-
zation affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 10, 1944, the U. E. requested the Company to recognize
it as exclusive bargaining representative at the St. Louis plant. - The
Company refused this request on the ground that it was operating
under a contract with the I. B. E. W.
On August 15, 1942, the Company and the I. B. E. W. entered into
an exclusive bargaining contract. The contract provides that it may
be terminated at any time by 30 days' notice of either party thereto.
During February 1944 the I. B. E. W. and the Company modified the
contract and being unable to reach agreement on wage issues, sub-
mitted the matter to the Regional War Labor Board. The latter
refused to grant the I. B. E. W.'s request. At the time of the hearing
in the instant proceeding the I. B. E. W. was preparing its appeal to
the National War Labor Board. The I. B. E. W. contends that the
petition should be dismissed because of the anticipated appeal to the
National War Labor Board. The record shows that the I. B. E. W.
1506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
has enjoyed the rights of an exclusive representative for over 2 years,
and that the employees it represented have received the benefits of the
August 15, 1942, contract. This case, therefore, is clearly not com-
parable to those .recent cases 1 in which we declined to hold an election
because the recognized or certified representative had had no real
opportunity to obtain for employees the benefits of exclusive represen-
tation inasmuch as the initial collective bargainhig efforts following
recognition, or certification, had resulted in resort to the processes of
the National War Labor Board. We find, therefore, that the pendency
of a dispute between the I. B. E. W. and the Company which might
come before the National War Labor Board does not constitute a bar
to this proceeding,2 nor do we. find that the contractual relationship
between the I. B. E. W. and the Company constitutes a bar to this
proceeding, inasmuch as the contract of August 15, 1942, is terminable
upon 30 days' notice.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the U. E. represents a,substan-
tial number of employees in the unit hereinafter found to be
appropriate.3
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
We find, in accord with a stipulation of the parties, that all produc-
tion and maintenance employees at the St. Louis, Missouri, plant of
the Company, including shipping and storeroom employees, but ex-
cluding clerical employees, design engineers, draftsmen, time-study
engineers, production superintendent, supervisors in charge of repair,
manufacturing, sheet metal, and building and stores departments, and
any other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.'
i Matter of Aluminum Company of America, Vancouver, Washington, 53 N. L. R. B. 593;
Matter of Allis-Chalmers Manufacturing Company, 50 N. L. It. B. 306.
2 Matter of MacClatchie Manufacturing Co., 53 N. L. It. B. 1268.
8 The Field Examiner reported that the U . It. presented 57 authorization cards bearing
the names of persons who appear on the October 15, 1944, pay roll of the Company. There
are approximately 115 employees In the appropriate unit. The I. B. E. W. did not present
any evidence of representation, but relies upon its contract as.evidence of its interest in
the instant proceeding.
* This is the same unit as provided for in the contract between the I . B. B. W. and the
Company.
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 1507
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
The U. E. requests that it appear on the ballot as "U. E.-C. I. O."
'The request is hereby granted.
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
fives for the purposes of collective bargaining with Westinghouse Elec-
tric & Manufacturing Company, St. Louis, Missouri, 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 Fourteenth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, 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 Direction, including employees who did not
work during said 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 and
have not been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by U. E.-C. I. 0.,
,or by International Brotherhood of Electrical Workers, A. F. of L.,
for the purposes of collective bargaining, or by neither.