Westinghouse Electric & Manufacturing Co.

In the Matter of WESTiwaidoUSE ELECrRIo & MANIIFACruRINO CoM- PANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. 0. Case No. R-4506.-Decided November 26, 1912 Jurisdiction : naval ordnance industry. Investigation and Certification of Representatives : , existence of question : ie- fusal to bargain with petitioner until certified by the Board; election neces sary. Unit Appropriate for Collective Bargaining : all employees working as 'police= men, excluding sergeants, lieutenants and captains. Mr. Join R. Hill, for the Board. Mr. William E. Miller, of Pittsburgh, Pa., for the Company. Mr. Henry Fiering, of Cleveland, Ohio, for the Union. 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 Union, alleging that a- question affecting commerce had arisen concerning the representa- tion of employees of Westinghouse Electric & Manufacturing Com- pany, Canton, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Charles E. Persons, Trial Examiner. Said hearing was held at Canton, Ohio, on November 10, 1942. The Board, the Company, and the Union 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 hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: 45 N. L. R. B., No. 115. 776 WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 77-7 FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Westinghouse Electric & Manufacturing Company is a Pennsyl- vania corporation engaged in the manufacture and sale of electrical apparatus. In connection with its business the Company operates several subsidiary corporations, plants, and warehouses throughout the United States. We are here 'concerned only with its plant at Canton, Ohio, where it is engaged in the manufacture of naval ordnance. Over 50 percent of the raw materials used by the Company at its Canton, Ohio, plant is shipped to it from outside Ohio; and all products manufactured at the Canton, Ohio, plant are shipped out of Ohio to the United'States Navy Department. The Company admits that it is engaged in commerce-within the meaning -of the National Labor Relations Act. II. THE ORGANIZATION 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. . III. ,THE QUESTION CONCERNING REPRESENTATION On September 12, 1942, the Union requested the Company to recog- nize it as the exclusive representative of certain of the Company's employees. 'The'Company refused this request until such time as the Union is certified by'the Board. A statement of a Field Examiner 'of the .Board, introduced into- evidence at the hearing,, indicates' that the Union represents a sub- stantial number' of the employees in the unit hereinafter found to be 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 policemen at the Canton plant of the Company, including' sergeants, 'but excluding lieutenants- and cap- tains, constitute a unit appropriate for the purposes of collective bar- 1 The Field Examiner reported that the Union presented'40 authorization- cards bearing apparently genuine signatures of persons whose names-appear on the Company' s pay roll of September 12,1942. There are approximately 65 employees in the unit hereinafter found to be appropriate. 778 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gaining. The Company contends that because of the nature of the duties and responsibilities of the policemen and because of their rela- tion to the United States Coast Guard and the Company, they are a part of the management, and that therefore they should not, be set up as an appropriate bargaining, unit. The policemen are stationed at specified posts, throughout the Company's premises and inspect all incoming and outgoing vehicles and persons. They also watch for fires and see that employees do not deface or destroy property. The policemen are uniformed and carry firearms. All employees claimed by the Union are hired, discharged, and paid by the Company and appear on the Company's regular pay roll. All policemen take an oath of allegiance to the United States Government and are reservists in the United States Coast Guard. We cannot accept the Company's contention that the plant police are representatives of management. Clearly the, relationship be- tween the Company and the policemen is that of employer and em- ployee. We find nothing in the duties of the policemen set forth above to warrant us in, depriving them of the right to self -organiza- tion and to collective bargaining guaranteed' under the Act. We find that' the policemen are employees within the meaning of Section 2`(3) an'd'ai•e entitled to all 'its benefits.- ' ' ' The Company urges that the sergeants be excluded from the unit and the Union that they be included., The Company employs 3 per- sons designated by it as sergeants, each of whom supervises approxi- mately 20,policemen. The sergeants have the authority to recommend the hire and discharge of policemen and, serve as lieutenants one day out of each -week. Under the circumstances, we shall exclude ser- geants from the unit. We find that all policemen at the Canton plant of the Company, excluding sergeants, lieutenants, and captains, constitute, a unit' ap- propriate for the purposes of collective bargaining,, within the'mean- ing of Section 9 (b) of the Act. Y. THE DETERMINATION OF REPRESENTATIVES The Union and the Company agreed that in the' event the Board found that the employees claimed by the Union constitute an appro- priate unit, the question of majority should be determined by a cross-check of the Union's membership cards with a pay roll of the Company. In spite of this agreement, we are of the opinion that the -question concerning representation can best be resolved by means of an election by secret ballot. 2 See Matter of Chry8ler Corgioration, Highland Park Plant and Local 114, United Auto- mobile, Aircraft and Agricultural Implement - Workers of America, affiliated with the C. I. O., 44 N. L. R. B. 881. WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 779 We shall direct that the employees eligible to vote in the election shall be those 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. 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Westinghouse Electric & Manufacturing Company, Canton, Ohio, 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 'Eighth Region, acting-in this matter as agent for the National .Labor Re- lations 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 Direction, including any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or train- ing of the United States, or temporarily laid off, but excluding any who have since quit - or been discharged for • cause, to determine whether or not they desire to be represented by United Electrical, Radio & Macbine Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.