Westinghouse Electric & Mfg. Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MFG. Co. and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL No. 612 Case No. R-1618.-Decided December 12, 1939 Electrical Apparatus Manufacturing Industry-Investigation of Representa- tives: controversy concerning representation of employees : stipulated-Unit Appropriate for Collective Bargaining : production and maintenance employees of Company's Porcelain Division, Derry, Pa., exclusive of technical, clerical, and supervisory employees, stipulated and found-Election Ordered: eligibility to vote determined by a recent pay roll , as stipulated Mr. Robert H. Kleeb, for the Board. Mr. William E. Miller, of Pittsburgh, Pa., for the Company. Mr. Fred Haug, of East Pittsburgh, Pa., for the United. Mr. Joseph Lightcap, Jr., of Latrobe, Pa., for the Independent. Mr. Joseph Forer, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 25, 1939, United Electrical, Radio and Machine Workers of America, Local No. 612, herein called the United, filed with the Regional Director for the Sixth Region (Pittsburgh, Penn- sylvania) a petition, and on October 16, 1939, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of employees of Westinghouse Electric & Mfg. Co., Porcelain Division,' Derry, Pennsylvania, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 17, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of • National Labor Relations Board Rules and Regulations-Series 2, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. i Referred to in the order of the Board directing an investigation and hearing as "West- inghouse Electric & Mfg. Co." 18 N. L. R. B., No. 42. 261• 262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On October 31, 1939, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the United, and Independent Electrical and Porcelain Workers of Pennsylvania, of Derry Borough, herein called the Independent, a labor organiza- tion claiming to represent employees directly affected by the investi- gation. Pursuant to the notice, a hearing was held on November 13, 1939, at Pittsburgh, Pennsylvania, before Berdon M. Bell, the Trial Exam- iner duly designated by the Board. The Board, the Company, and the Independent were represented by counsel, and the United by its representative; all participated in the hearing. Full opportunity to be heard and to introduce evidence bearing on the issues was afforded all parties. No witnesses were called, and a stipulation dated Novem- ber 13, 1939, signed by the Board's counsel, the Company, the United, and the Independent, was introduced in evidence in lieu of testimony. The stipulation referred to provides : STIPULATION Whereas, United Electrical, Radio & Machine Workers of America, Local No. 612, affiliated with the Congress of Industrial Organizations, a labor organization within the meaning of the National Labor Relations Act, has by petition dated September 25, 1939, and by amended petition dated October 16, 1939, re- quested the National Labor Relations Board, Sixth Region, for an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act; and Whereas, Independent Electrical and Porcelain Workers of Pennsylvania, of Derry Borough, unaffiliated, a labor organiza- tion within the meaning of the National Labor Relations Act, is named in said Petition as a party interested in the investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act; and Whereas, Westinghouse Electric & Manufacturing Company- Porcelain Division, at Derry, Pennsylvania, is unwilling to consent to an election for the determination of the said repre- sentatives, but is not desirous of opposing or delaying said determination ; Now, therefore, the undersigned agree as follows : I For the sole purpose of providing an agreed statement of such facts, and thereby avoiding the time and expense of all con- cerned involved in testimony on the facts, the. undersigned agree that the following facts are true : WESTINGHO'USE E'L'EC'TR.'IC & MANUFACTURING COMPNNY 263 A. Westinghouse Electric & Manufacturing Company is a Pennsylvania corporation and owns and operates a number of factories and plants throughout the country. Its sales activities extend to every state. At the Porcelain Division, which is located at Derry, Pennsylvania, the Company manufactures porcelain insulators for electric power lines and various types of electrical apparatus. Ninety-five per cent of the raw materials used at Derry are shipped to the plant from outside the State of Penn- sylvania. Of the Division's total production, forty per cent is sold or shipped to points outside Pennsylvania. The volume of business at the Derry plant during the year 1938 was $756,562.00. On September 30, 1939, four hundred eight persons were em- ployed by the Division at Derry. Westinghouse Electric & Manufacturing Company-Porce- lain Division, agrees that its operations are within the jurisdic- tion of the National Labor Relations Board for the purposes of this proceeding. B. United Electrical, Radio & Machine Workers of America, Local No. 612, and Independent Electrical and Porcelain Workers of Pennsylvania, of Derry Borough, each claim to rep- resent a majority of the employees at the Porcelain Division of the Company within the unit hereinafter described. C. Westinghouse Electric & Manufacturing Company-Porce- lain Division, has no knowledge as to whether United Electrical, Radio & Machine Workers of America, Local No. 612, or Inde- pendent Electrical and Porcelain Workers of Pennsylvania, of Derry Borough, represent the majority of the employees involved. D. United Electrical, Radio & Machine Workers of America, Local No. 612, is a labor organization affiliated with the Con- gress of Industrial Organizations. Local No. 612 admits to membership all production and maintenance employees within the hereinafter-described unit at the Company's Porcelain Divi- sion at Derry, Pennsylvania. E. The Independent Electrical and Porcelain Workers of Pennsylvania, of Derry Borough, is an unaffiliated labor organ- ization likewise admitting to membership all production and maintenance employees within the hereinafter-described unit at the Company's Porcelain Division at Derry, Pennsylvania. II It is hereby agreed among the parties hereto : A. That a question has arisen concerning representation of employees of the Company at its Porcelain Division in Derry, Pennsylvania. 283029-41-vol. 18-18 264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD B. That the question concerning representation which has arisen, occurring in connection with the operations of the Com- pany described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes, burdening and obstructing commerce and the free flow of commerce. C. That an election pursuant to an Order of the National Labor Relations Board is desired by the parties hereto, to be held in accordance with the Rules and Regulations of the Na- tional Labor Relations Board. D. That the production and maintenance employees of the Company at its Porcelain Division in Derry, Pennsylvania, ex- clusive of technical, clerical, and supervisory employees, consti- tute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company at its Porcelain Division the full benefit of their right to self- organization and collective bargaining and otherwise to effectuate the policies of the National Labor Relations Act. E. That all employees in the appropriate unit who were on the Company's Porcelain Division payroll on September 30, 1939, shall be eligible to vote in the election ordered by the National Labor Relations Board. III The parties hereby agree that if it is determined by the Na- tional Labor Relations Board that either of the above-mentioned labor organizations represents a majority of the employees within the appropriate unit, then the said Company agrees to proceed to bargain collectively with said organization as certified by the National Labor Relations Board as the exclusive repre- sentative of all the employees in the appropriate unit for the purposes of collective bargaining in respect to rates of pay, hours of employment and other conditions of employment. Upon the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Westinghouse Electric & Mfg. Co. is a Pennsylvania corporation owning and operating a number of factories and plants throughout the country, with sales activities extending to every State. At its Porcelain Division, located at Derry, Pennsylvania, it manufactures WESTINGHOUSE ELECTRPC & MANUFACTURING COMPANY 265 porcelain insulators for electric power lines and various types of electrical apparatus. Ninety-five per cent of the raw materials used at the Derry plant are shipped thereto from points outside the State of Pennsylvania. Forty per cent of the total products of the Derry plant are sold or shipped to points outside of Pennsylvania. During 1938 the volume of business at the Derry plant was $756,562. On September 30, 1939, 408 persons were employed at the plant. The Company concedes the jurisdiction of the Board for the purposes of this proceeding. II. THE ORGANIZATIONS INVOLVED United Electrical, Radio and Machine Workers of America, Local No. 612, is a labor organization affiliated with the Congress of Indus- trial Organizations. It admits to its membership all production and maintenance employees, exclusive of technical, clerical, and supervisory employees, of the Company's Porcelain Division at Derry, Pennsylvania. Independent Electrical and Porcelain Workers of Pennsylvania, of Derry Borough, is an unaffiliated labor organization admitting to its membership all production and maintenance employees, exclusive of technical, clerical, and supervisory employees, of the Company's Porcelain Division at Derry, Pennsylvania. III. THE QUESTION CONCERNING REPRESENTATION The United and the Independent each claim to represent a majority of the production and maintenance employees of the Company at its Derry Division, exclusive of technical, clerical, and supervisory em- ployees. The parties have stipulated that a question has arisen con- cerning representation of employees of the Company at its Derry Division, and the Company has agreed to bargain collectively with the organization certified by the Board. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE APPROPRIATE UNIT We find that the production and maintenance employees of the Company at its Porcelain Division in Derry, Pennsylvania, exclusive of technical, clerical, and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and collective bargaining and otherwise effectuate the policies of the Act. VT. THE DETERMINATION OF REPRESENTATIVES We find that an election by secret ballot is necessary to resolve the question which has arisen concerning representation. The parties have stipulated that eligibility to vote shall be deter- mined by the September 30, 1939, pay roll of the Company's Porcelain Division. At the hearing a copy of this pay roll was received in evidence, and both the United and the Independent stated that it was satisfactory. In view of the recent date of the pay roll and the agreement thereon of both labor organizations, we shall direct that eligibility to vote shall be determined thereby. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAw 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Westinghouse Electric & Mfg. Co., Porce- lain Division, Derry, Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6), and (7) of the Act. 2. The production and maintenance employees of the Company exclusive of technical, clerical, and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 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 and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Westinghouse Electric & Mfg. Co., an election by secret ballot shall be conducted as early as possible but not later than thirty (30) WESTINGHOUSE ELECT'R'IC & M'ANUI AC'TUQIING Co,IIPA^;Y 267 days from the date of this Direction of Election, under the direction and supervision of the Regional Director for the Sixth Region, act- ing in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the production and maintenance employees of Westinghouse Electric & Mfg. Co., Porcelain Division, Derry, Pennsylvania, whose names are listed on the pay roll of the Company dated September 30, 1939, excluding technical, clerical, and supervisory employees, and any employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Elec- trical, Radio and Machine Workers of America, Local No. 612, affil- iated with the Congress of Industrial Organizations, or by Independent, Electrical and Porcelain Workers of Pennsylvania, of Derry Borough, for the purposes of collective bargaining, or by neither.