Westinghouse Electric Corp.

In the Matter of WESTINGHOUSE ELECTRIC CORPORATION (EAST SPRINGFIELD WORKS) and PATTERN MAKERS LEAGUE OF NORTH AMERICA, SPRINGFIELD AND VICINITY ASSOCIATION Case No. 1-R-2875.-Decided July 1, 1946 Mr. Samuel G. Zack, for the Board. Mr. T. 0. Armstrong, of Springfield, Mass., for the Company. Mr. George Q. Lynch, of Washington, D. C., and Mr. Finton J. Kelly, of Indian Orchard, Mass., for the Pattern Makers. Mr. Arthur W. Batchelder, of Springfield, Mass., for the United. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Pattern Makers League of North America, Springfield and Vicinity Association, herein called the Pat- tern Makers, alleging that a question affecting commerce had arisen concerning the representation of employees of Westinghouse Electric Corporation (East Springfield Works), Springfield, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Julius Kirle, Trial Examiner. The hearing was held at Springfield, Mas- sachusetts, on May 20, 1946. The Company, the Pattern Makers, and United Electrical, Radio and Machine Workers of America (CIO), Local 202, herein called the United, appeared' and participated. All parties 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. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: I A representative of the United appeared and requested an adjournment of the hearing, despite the fact that a previous continuance had been granted by the Regional Director upon the United's application . The Trial Examiner denied the request and the United's representative thereafter left the hearing. 69 N. L. R. B., No. 20. 215 216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Westinghouse Electric Corporation, a Pennsylvania corporation with its principal office and place of business located at Pittsburgh, Pennsylvania, is engaged in the manufacture of a number of electrical products at several plants situated in various sections of the United States. We are concerned herein solely with the Company's East Springfield Works in Massachusetts. At least 50 percent of the raw material used at the East Springfield Works is received from points outside the Commonwealth of Massachusetts, and a similar propor- tion of the finished products manufactured at this plant is shipped to points outside the Commonwealth. The finished products annually manufactured at the East Springfield Works exceed $1,000,000 in value. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Pattern Makers League of North America, Springfield and Vicinity Association, affiliated with the American Federation of Labor; and United Electrical, Radio and Machine Workers of America, Local 202, affiliated with the Congress of Industrial Organizations, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to grant recognition to the Pattern Makers as the collective bargaining representative of certain of its employees unless and until that organization is certified as such by the Board. 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 DETERMINATION OF REPRESENTATIVES The Pattern Makers seeks a unit comprised of all employees of the Company engaged in the making, altering, and repairing of patterns. The Company takes no position with respect to the propriety of the proposed unit. It would appear that the United contends that only the more inclusive unit of the Company's production and maintenance employees, which it currently represents, is appropriate. In 1939, subsequent to a consent election held under Board auspices, the United was designated as the collective bargaining representative WESTINGHOUSE ELECTRIC CORPORATION 217 of the Company's production and maintenance employees? Since that time, the United has bargained collectively with the Company on behalf of these employees pursuant to the terms of a series of collective bargaining agreements, the last of which is dated April 1, 1946.3 Subsequent to the United's designation, some of the employees sought by the Pattern Makers voluntarily contributed dues to the United, and at times utilized the grievance machinery established in the United's collective bargaining agreements with the Company. Commencing 2 or 3 years ago, all such employees were apparently compelled to pay dues to and become members of the United by virtue of check-off and closed-shop provisions in the contracts between that organization and the Company. But a number of these workers were members of the Pattern Makers before the United's designation as bargaining agent. Moreover, since 1943, all of these employees have been members of the Pattern Makers. In addition, there is no evidence that any of these workers participated actively in the United's affairs. Although production and maintenance workers represented by the United were involved in a recent work stoppage at the Company's plant, the employees sought by the Pattern Makers, it was testified, merely "removed themselves from the scene." Several obtained eln- ployment elsewhere through the Pattern Makers and, despite the fact that the stoppage was ultimately terminated, all these employees have agreed to resume their work only if advised to do so by the Pattern Makers 4 The record indicates that the pattern makers are highly skilled craftsmen, and are segregated from the remainder of the Company's employees in the performance of their duties. Their special training and craft status have often been recognized by this Board. We are of the opinion that the Company's pattern makers may properly function as a separate unit, or as part of the existing, more inclusive grouping. They comprise a unique, highly skilled craft. Furthermore, the organization which is currently seeking to represent them is an "organization which supplies most of the labor market with pattern makers and renders special services to pattern makers and to them only." 5 Certain of the employees involved herein have been members of the Pattern Makers prior to the designation of the United, and all have been members of that organization for the past 3 years. 2 Case No. 1-R-324. ' This agreement is not urged as a bar to a current determination of representatives, nor could it be, inasmuch as the record Indicates that the petition herein was filed prior to Its execution. * At the time of the hearing none of the pattern makers had returned to work at the Company's plant. 5 See Matter of General Electric Company (Lynn River Works and Everett Plant), 58 N. L. R. B. 57, 65. 218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Finally, the circumstances surrounding their past representation by the United do not show that the pattern makers have so willingly ac- quiesced in their inclusion within the plant-wide-unit as to warrant the conclusion that they may not now be bargained for in a separate unit. Before making a final determination with respect to the unit pro- posed by the Pattern Makers, we shall first ascertain the desires of the employees themselves. We shall direct an election by secret ballot to be conducted among all employees at the East Springfield Works of the Company engaged in the making, altering, and repairing of patterns, excluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, who were em- ployed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth therein. Upon the results of the election will depend, in part, our determination of the appropriate unit. If a majority of the em- ployees in this voting group select the Pattern Makers as their bar- gaining representative they will be taken to have indicated their desire to constitute a separate appropriate unit. If, however, a ma- jority of these employees choose the United, then they will be taken to have indicated their desire to remain part of the established pro- duction and maintenance unit. 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 Re- lations Board Rules and Regulations-Series 3, 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 Corporation (East Springfield Works), Springfield, Massa- chusetts, 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 Di- rector for the First 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 employees in the voting group set forth 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 WESTINGHOUSE ELECTRIC CORPORATION 219 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 and have not been rehired or reinstated prior to the date of the election, to de- termine whether they desire to be represented by Pattern Makers League of North America, Springfield and Vicinity Association, or by United Electrical, Radio and Machine Workers of America (CIO), Local 202, for the purposes of collective bargaining, or by neither.