Westinghouse Electric & Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM- PANY, FAIRMONT LAMP WORKS and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. R-3535.-Decided February 21, 1942 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. Henry Shore, for the Board. Mr. William R. Miller, of Pittsburgh, Pa., for the Company. Mr. William N. Chambers, of Pittsburgh, Pa., for the Union. Mr. Louis Cokin, of counsel to the Board. I DECISION AND CERTIFICATION OF 'REPRESENTATIVES STATEMENT OF THE CASE On October 18 and 21, 1941, respectively, United Electrical, Radio & Machine Workers of America, affiliated with the C. I. 0., herein called the Union, filed with the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania) a petition and an amended peti- tion alleging that a question affecting commerce had arisen concern- ing the representation of employees at the Fairmont Lamp Works of Westinghouse Electric & Manufacturing Company, engaged in the manufacture, sale, and distribution of electrical machinery and equip- ment at Fairmont, West Virginia, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 27, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On January 28, 1942, the Company, the Union, and an Attorney for the Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." 39 N. L R. B., No. 21. 102 WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 103 Pursuant to the stipulation, an election by secret ballot was con- ducted on February 3, 1942, under the direction and supervision of the Regional Director; among all production and maintenance em- ployees and those workers associated with production and mainte- nance at the Fairmont Lamp Works of the Company, including plant policemen and shipping clerks, but excluding office, clerical, and supervisory employees, to determine whether or not said employees desire to be represented by the Union. On February 5, 1942, the Regional Director issued and duly served upon the parties an Elec- tion Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In his Election Report, the Regional Director reported as follows concerning the balloting and its results : Total on eligibility list_____________________________________ 475 Total ballots cast___"______________________________________ 452 Total ballots challenged____________________________________ 0 Total blank ballots_________________________________________ 3 Total void ballots__________________________________________ 1 Total valid votes counted__________________________________ 448 Votes cast for United Electrical , Radio & Machine Workers of America , affiliated with the C. I. O______________________ 393 Votes cast against United Electrical , Radio & Machine Work- ers of America , affiliated with the C. I. 0___________________ 55 Upon the basis of the stipulation, the Election Report, and the en- tire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the rep- resentation of employees at the Fairmont Lamp Works of Westing- house Electric & Manufacturing Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees and those workers associated with production and maintenance at the Fairmont Lamp Works of the Company, including plant policemen and shipping clerks, but excluding office, clerical, and supervisory employees, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 3. United Electrical, Radio & Machine Workers of America, af- filiated with the C. I. 0., has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive repre- sentative of all employees in said unit, within the meaning of Sec- tion 9 (a) of the Act. 104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CERTIFICATION OF REPRESENTATIVES 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, IT IS HEREBY CERTIFIED that United Electrical, Radio & Machine Workers of America, affiliated with the C. I. 0., has been designated and selected by a majority of all production and maintenance em- ployees and those workers associated with production and main- tenance at the Fairmont Lamp Works of Westinghouse Electric & Manufacturing Company, including plant policemen and shipping clerks, but excluding office, clerical, and supervisory employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section '9 (a) of the Act, United Electrical, Radio & Machine Workers of America, affiliated with the C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.