Westinghouse Electric & Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM- PANY and MIDDLE ATLANTIC DISTRICT SALARIED EMPLOYEES Assoc., AFFILIATED WITH FEDERATION OF WESTINGHOUSE INDEPENDENT UNIONS Case No. R-5789.-Decided September 6, 1943 Mr. Robert D. Blasier, of Pittsburgh, Pa., for the Company. Messrs. Charles Y. Bellerjeau, of Haddon Heights, N. J., H. J. Schaefer, Jr., of Merion, Pa., and Karl M. Busier, of Glenside, Pa., for the Union. Miss Olive N. Barton, of counsel to the Board. - DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Middle Atlantic District Salaried Em- ployees Assoc., affiliated with Federation of Westinghouse Inde- pendent Unions, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Westinghouse Electric & Manufacturing Company, Phila- delphia, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Geoffrey J. Cunniff, Trial Examiner. Said hearing was held at Philadelphia, Pennsylvania, on August 3,1943. The Company and the Union appeared, participated, and were afforded full oppor- tunity 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. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case,' the Board makes the following : ' Subsequent to the hearing the Company requested that certain typographical errors in the official transcript of the record be corrected. The Union agreed to most of these corrections . The record is hereby ordered corrected in those respects in which the parties are agreed. - 52 N. L. R. B., No. 72. 460 WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 461 FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Westinghouse Electric & Manufacturing Company and its consoli- dated subsidiaries, is a Pennsylvania corporation, engaged in the man- ufacture, distribution, and sale of electrical products of various kinds, ordnance material and various items used by the armed forces. We are here concerned with the employees of the Middle Atlantic District Main Office of the Company at 3001 Walnut Street, Philadephia, Pennsyl- vania. The Company has 24 major manufacturing plants located in various States and its raw materials are transported in interstate com- merce. During 1942, it sold finished products valued at over $487,- 000,000 throughout the United States and foreign countries. Over 90 percent of the Company's business is war work. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. U. THE ORGANIZATION INVOLVED Middle Atlantic District Salaried Employees Assoc., affiliated with - Federation of Westinghouse Independent Unions, is a labor organi- zation admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 5, 1943, the Union requested that the Company enter into collective bargaining relations with it on behalf of certain employees. On May 17, 1943, the Company refused to grant such recognition pending Board certification of the Union as the proper bargaining agency. A statement of the Regional Director, introduced into evidence, in- dicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.2 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. 2 The Regional Director stated that the Union submitted 144 authorization cards, of which 137 bore apparently genuine original signatures , corresponding with names on the Company's undated pay roll of 254 names. All but 5 of the cards were dated between March and May 1943; 5 were undated. 462 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT The parties are in general agreement that a unit of salaried em- ployees is appropriate, but there is a dispute as to the inclusion of certain categories. Both parties agree to the exclusion of 5 secretaries who concededly have access to confidential information relating in part to labor! relations. From the record it appears that 8 or 12 additional secretaries may have access to similar information. It is the practice of the Board to exclude from a bargaining unit employees who have access to confidential information relating to labor relations. In accordance with the request of the Company, we shall exclude all secretaries who have confidential duties, as indicated above. The Company employs about 18 telephone operators and a shop clerk, whom the Union would exclude. No attempt has been made by the Union to organize these employees. The record shows that another labor organization presently claims to represent them and we shall therefore exclude such employees from the unit. However, our decision in this respect shall not preclude a later finding that tele- phone operators and shop clerks may properly be included in a unit with salaried workers. In accordance with the above and the agreement of the parties, we find that all salaried employees of the Middle Atlantic District Main Office,of the Company, located at 3001 Walnut Street, Philadelphia, Pennsylvania, including those in the application, engineering and order service department, engineering and service department, lamp, division, electric appliance division, treasury department, accounting department, x-ray division, and maunfacturing and repair depart- ment, but excluding confidential secretaries, telephone operators, all employees in the turbine division, the shop clerk of the maintenance and repair department shop, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, 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 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. WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 463 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 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, Philadelphia , Pennsylvania, 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 Fourth 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 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 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 those employees who have since quit or been discharged for cause , to determine whether or not they desire to be represented by Middle Atlantic District Salaried Employees Assoc. affiliated with Federation of Westinghouse Independent Unions, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.