Westinghouse Airbrake Co.

In the Matter Of WESTINGHOUSE AIRBRAKE COMPANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL No 610 Case No 8-3958 -Decided July 15, 194 Jurisdiction aiibiake equipment manufacturing industry Investigation and Certification of Representatives : existence of question re- fusal to accord petitioner recognition , election necessary Unit Appropriate for Collective Bargaining : watchmen and patrolmen, com- prising plant protection force of Company, held to constitute an appropriate unit despite Company's contention that such employees should not constitute an appropriate unit, since being engaged in confidential and supervisory duties they were instruments of management, and that if they did constitute an appropriate unit, they should not be iepreaented by petitioner which was certified as representative of its production and maintenance employees, be- cause in such case the loyalties of these employees would be divided Thorp, Bostwick, Reed di Armstrong, by Mr. Donald W. Ebbert, of Pittsburgh, Pa., for the Company. Mr Albert Smith, of Wilmerding, Pa, for the United Mr Charles W Schneider, 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, Local No 610, herein called the United, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Westinghouse Alrbrake Company, Wil- merding, Pennsylvania, herein called the Company, the National La- bor Relations Board provided for an appropiiate hearing upon due notice before Henry Shore, Trial Examiner Said hearing was held at Pittsburgh, Pennsylvania, on June 23, 1942 The Company and the United 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. On July 7, 1942, the Company filed a brief, which the Board has considered 1 Upon the entire record in the case, the Board makes the following: 1 On July 9 the Company filed a request to correct the record in certain particulars The United indicates that it has no objection to the proposed correction it is therefore ordered that the record be corrected in accordance with the Company's request 42 N L R B, No 107 525 526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Westinghouse Airbrake Company is a Pennsylvania corporation having its principal office and plant at Wilmerding, Pennsylvania, and maintaining sales and service offices in various cities throughout the United States. The Company is engaged in the manufacture, sale, and distribution of airbrake equipment for steam railroads, electric railways, trucks and buses, and related products During the year 1941 the Company used raw materials valued at more than $10,000,000, of which approxi- mately 60 percent was received from souices outside the State of Pennsylvania During the same period the Company sold products valued at more than $40,000,000, of which approximately 70 percent was shipped to points outside the State of Pennsylvania. The Com- pany stipulated that, for the purposes of this proceeding, it is subject to the jurisdiction of the Board. _ II THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America, Local No. 610, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III THE QUESTION CONCERNING PEPRESENTATION On February 26, 1942, the United requested recognition as collective bargaining representative of the Company's watchmen and patrolmen On March 14, the Company declined such recognition A report of the Acting Regional Directoi, intioduced into evidence at the hearing, indicates that the United repiesents a substantial number of employees within the unit which we hereinafter find to be appropriate 2 We find that a question affecting commei ce has arisen concei ning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Laboi Relations Act IV TIIE_APPROPRIATE UNIT The United contends that watchmen and patrolmen, excluding supervisory employees, constitute an appropiiate unit The Company 2 The United submitted to the Acting Regional Director 45 application for membership cards dated in February and March 1942 Forty-two of the cards bore apparently genuine original signatures, of which 38 were the names of persons on the Company 's May 1, 1942, pay roll , listing 51 employees in the appropriate unit - WESTINGHOUSE AIRBRAKE COMPANY 527 contends that such employees are engaged m confidential, and, in some respects, supervisory duties, ale instruments of management, and do not constitute an appropriate unit It further contends that if watchmen and patrolmen do constitute an appropriate unit, they ought not to be represented by the same union as the production and maintenance employees, because in such case their loyalties would be divided The production and maintenance group is presently repre- sented by the United under a contract with the Company The watchmen and patrolmen are a plant protection force. Their duties consist of guarding the Company property and premises against fire, theft,- and sabotage, and in enforcing safety and disciplinary rules They generally carry arms, although watchmen occasionally may not; have police commissions, and power to make arrests The force has authority to prevent violations of Company rules, either by employees or others Watchmen and patrolmen do not, however, recommend disciplinary action When the offender is an employee, the facts are reportdd to the employee's supervisor. There the watchman's or patrolman's authority ceases Occasionally a production employee may be transferred to the plant-protection force but that does not appear to be common. Applicants for jobs on the force are subjected to more searching investigation than production employees They are required to give references, and, according to the Company, their character and past are thoroughly investigated On this record, and in view of our previous decisions, we are of the opinion that the watchmen and patrolmen constitute an appro- priate unit a - The parties stipulated that the chief, assistant chief, lieutenants, and assistants to lieutenants, occupy supervisory positions with re- spect to watchmen and _patrolmen, and have either authority to hire and discharge or to recommend disciplinary- action There will therefore be excluded from the unit We find that watchmen and patrolmen, excluding supervisory employees, the chief, assistant chief, lieutenants, and assistants to lieutenants, constitute a unit appropiiate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. V TIIE 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 3Matter of Phelps Dodge Copper Products Coip and United Electrical, Radio d Machine Workers of Aoneseea, Local No 1,41, affiliated with the Congress of Industrial organizations, 41 N L R B 973 528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Act, 49 Stat 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Boaid Rules and Regulations-Seiies 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 Airbrake Company, Wilmerding, 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 of Election, under the direction and supervision of the Regional Director for the Sixth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees of the Company in the unit found to be appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active 'military service or training of the United States, or tempo- rarily laid off, but excluding-any who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented for the purposes of collective bargaining by United Electrical, Radio & Machine Workers of America, Local No 610, affiliated with the Congress of Industrial Organizations MR GERARD D REILLY took no part in the consideration of the above Decision and Direction of Election