Westinghouse Electric & Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM- PANY and WESTINGHOUSE EMPLOYEES ASSOCIATION, INC. (INDE- PENDENT) Case No. R-1570 SUPPLEMENTAL DECISION AND ORDER January 13, 1940 On December 4, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings." On December 16, 1939, the Board issued an Amendment to Direction of Election.2 The Direction of Election, as amended, provided that an election by secret ballot be conducted as early as possible but not later than thirty (30) days from the date of the Direction among all hourly paid employees of the Mansfield plant of Westinghouse Electric & Manufacturing Company, who were employed by the Company during the pay-roll period next preceding- the date of the Direction, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or had since been temporarily laid off, but excluding all persons who had quit or had been discharged for cause since that date, and further excluding all supervisors, clerical em- ployees, designing and technical engineers, tool designers, draftsmen, time-study employees, and policemen, to determine whether or not they desired to be represented by Westinghouse Employees Associa- tion, Inc., for the purposes of collective bargaining. Pursuant to the Direction, the election by secret ballot was held on December 28, 1939, at Mansfield, Ohio, under the direction and super- vision of the Regional Director for the Eighth Region. On Decem- ber 29, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, issued and duly served upon the parties an Election Report containing a tally of the ballots. In his Report the Regional Director certified that the ballot was fairly and impartially con- 118 N. L. R. B. 115. 2 18 N. L. R. B. 120. 19 N. L. R. B., No. 47. 28 3030-41-vol. 19-28 . 421 422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ducted, that the ballots cast were duly and fairly counted under his supervision, and that statements to such effect had been filed with him by the observers. As to the balloting and its results, the Regional Director reported as follows : Total number of employees eligible------------------------- 2, 700 Total number of ballots cast------------------------------- 2,402 Total number of votes for Westinghouse Employees Associa- tion, Inc ----------------------------------------------- 943 Total number of votes against Westinghouse Employees As- sociation, Inc------------------------------------------- 1,445 Total number of blank ballots------------------------------ 12 Total number of void ballots------------------------------- 2 Total number of challenged ballots------------------------- 0 No objections to the conduct of the ballot or the Election Report Have been filed by any of the parties. The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees in the appropriate unit. The petition of Westinghouse Employees Asso- ciation, Inc., for investigation and certification of representatives of employees of Westinghouse Electric & Manufacturing Company, Mansfield, Ohio, will, therefore, be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby ORDERED that the petition for investigation and certification of representatives of employees of Westinghouse Electric & Manufac- turing Company, Mansfield, Ohio, filed by Westinghouse Employees Association, Inc., be, and it hereby is, dismissed.