Westinghouse Electric & Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL 804, (A. F. of L.) Case No: R-3286 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 6, 1942 On January 17, 1942, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on February 5, 1942, under the direction and super- vision of the Regional Director for the Eighth Region (Cleveland, Ohio). On February 6, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. As to the balloting and its results, the Regional Director reported as follows: Total on eligibility list-- --------------------------------- 897 Total ballots cast---------------------------------------- 714 Total ballots challenged ---------------------------------- 15 Total blank ballots------- ------------------------------- 2 Total void ballots--------------------------------------- 6 Total valid votes counted ---------------------------------• 691 Votes cast for International Association of Machinists, Local 804 (AFL)-------------------------------------------- 355 Votes cast against International Association of Machinists, Local 804,(AFL)------------ --------------------------- 336 Since the challenged ballots cannot affect the result of the election we find it unnecessary to pass upon them. On February 6, 1942, United Electrical, Radio & Machine Workers of America, affiliated with the C. I. 0., herein called the U. E. R. M., filed a protest concerning the conduct of the election. On February 19, 1942, the Regional Director issued a Report, on the Protest to 138N.L R. B .. No 81. 39 N. L. R. B., No. 96. 553 554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Conduct of Election, wherein he recommended that the protest be overruled and denied. On February 27, 1942, the U. E. R. M. moved that the Regional Director's Report on the Protest to Conduct of Election be disregarded and that a hearing on the protest be directed. A brief setting forth certain objections to the conduct of the election and requesting that a new election, wherein the U. E. R. M. would be afforded a place on the ballot, be directed,2 was filed with the motion. We have considered the protest of the U. E. R. M., the Regional Director's Report thereon, and the brief filed by the U. E. R. M. in support of its motion for a hearing on its objections to the conduct of the election, and find that no substantial or material issues with respect to the conduct of the election have been raised thereby. Ac- cordingly, we hereby overrule the protest and deny the motion for hearing thereon, and affirm the rulings, findings, and recommenda- tions of the Regional Director in his Election Report and Report on the Protest to Conduct 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that International Association of Machin- ists, Local 804, affiliated with the A. F. of L., has been designated and selected by a majority of all production and maintenance employees, including instructors, employed by Westinghouse Electric & Manu- facturing Company, Pittsburgh, Pennsylvania, at the Canton, Ohio, plant operated by it, but excluding supervisory, clerical, and power- house employees, outside truck drivers, watchmen, guards, and drafts- men, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, International Association of Machinists, Local 804, affiliated with the A. F. of L., is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. 2 In the Decision, above referred to, the U E R M was denied a place on the ballot in the election herein for the reason that it introduced no evidence at the hearing to show that it represented any of the employees at the Canton plant In the Decision the Board expressly provided , however, that it would "entertain a new petition for an investigation and certification of representatives at any time following issuance of any certification in this proceeding , provided we are satisfied , under all the circumstances then shown (including proof that there has been a substantial increase in the number of employees at the Canton plant and that the petitioner represents a substantial number of employees ), that a question concerning repre- sentation affecting commerce has arisen "