Westinghouse Electric & Manufacturing Co.

In the Matter of WESTINGHOUSE ELECTRIC) & MANUFACrURING COM- PANY 1 and UNITED ELECYI'RICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 410 Case No. B-1790.-Decided May 3, 1940 Electric Equipment Manufacturing Industry-Investigation of Representa- tives : controversy concerning , representation of employees : refusal of Company, to recognize Union until certified by Board-Unit Appropriate for Collective Bargaining : all production and maintenance employees , including truck drivers and watchmen, excluding office and engineering employees , supervisors, and foremen ; watchmen included in the unit at the request of the only labor organization involved-Election Ordered Mr. Richard J. Hickey, for the Board. Mr. C. A. Reinwald, of New York City, for the Company. Mr. Samuel L. Rothbard, of Newark, N. J., for the Union. Mr. Leo B. Fee, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 2, 1940, United Electrical,, Radio & Machine Workers of America, Local 410, herein called the Union, filed with the Regional Director for the Second Region (New York City), a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Westinghouse Electric & Manufacturing Company, Lamp Works, Belleville,, New Jersey,, herein called the, Company, and requesting an investigation and certification of repro-. sentatives pursuant to Section 9 (c) of the National Labor Relations, Act, 49 Stat. 449, herein called the Act. On March 12, 1940, 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, 1 Incorrectly designated in the petition as Westinghouse Electric & Manufacturing Co., Inc. At the hearing the petition was amended to indicate the correct name 23 N. L. R. B., No. 41. 521 522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 26, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on April 8, 1940, at New York City before Berdon M. Bell, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner ruled on a motion and on an objection to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the proceeding, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Westinghouse Electric & Manufacturing Company is a Pennsyl- vania corporation, owning and operating a number of factories and plants throughout the United States, one of which, located at 720 Washington Avenue, Belleville, New Jersey, herein called the Belle- ville plant, is the plant here involved. The Company is engaged at its Belleville plant in the manufacture of lamps, X-ray tubes, power tubes, and related products. During the year 1939 the Company purchased raw materials for use at its Belleville plant of a value of approximately $800,000, of which approximately 75 per cent were purchased and shipped to the plant from points outside the State of New Jersey. During the same year, the Company manufactured at its Belleville plant products of a value of approximately $1,700,000,, of which approximately 22 per cent were sold and shipped to points outside the State of New Jersey. The Company normally employs approximately 179 employees at the Belleville plant. II. THE ORGANIZATION INVOLVED United Electrical,' Radio & Machine Workers of America, Local 410, is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to its membership production and main- tenance employees of the Company at its Belleville plant. WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 523 III. THE QUESTION CONCERNING REPRESENTATION At the hearing the parties stipulated that the Union requested the Company to recognize it as the exclusive collective bargaining representative of the Company's employees at the Belleville plant and that the Company refused to recognize the Union as such unless and until it is certified as such 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union claims that the appropriate unit consists of all pro- duction and maintenance employees at the Belleville plant, including the truck driver but excluding office and engineering employees, supervisors, and foremen. The Company raised no objection to such a unit but contended that watchmen should be excluded from the unit. The Union contended that watchmen should be considered as included in the above-mentioned unit as part of the maintenance staff. The watchmen are paid, as are most of the employees, on an hourly basis and some of them are members of the Union. The only labor organization here involved desires their inclusion within the appropriate unit. Under these circumstances, we shall include them. We find that all production and maintenance employees of the Company at its Belleville plant, including truck drivers and watch- men, but excluding office and engineering employees, supervisors, and foremen, constitute a unit appropriate for purposes of collective bar- gaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. Y See Matter of Willya Overland Motors, Inc. and International Union, United Auto- mobile Workers of America, Local No . 12, 9 N. L. R. B. 924; Matter of Agwilines, Inc., doing business under the trade name of Clyde-Mallory Lines and Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, 12 N. L. R, B. 366. 524 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD, VI. THE D TERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning representa- tion can best be resolved by an election by secret ballot. At the hearing, the Union requested that employees eligible to vote in the election should be those who were employed during the pay-roll period ending March 15, 1940. The Company did not object thereto. We interpret the request of the Union to mean that those eligible to vote in the election shall be all employees within the appropriate unit who were employed during the pay-roll period ending March 15, 1940, including employees who did not work during such pay-roll period because they were ill, on vacation, or temporarily laid off, but excluding those who have since quit or been discharged for cause, and we shall so direct. Upon the basis of the above findings of fact and upon the entire record ih 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 & Manufacturing Company, Lamp Works, Belleville, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company at its Belleville plant, including truck drivers and watchmen, but ex- cluding office and engineering employees, supervisors, and foremen, 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 Relations Act and pursuant to Article III, Section 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board'c to ascertain representatives for the- purposes of collective bargaining with Westinghouse' Electric & Manufacturing Company, Lamp Works, Belleville, New Jersey, 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 Second Region, acting in, this matter as agent for the National Labor Relations Board and' subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of Westinghouse Electric & Manufacturing Company at its Belleville plant, Belleville, WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 525 New Jersey, who were employed by it during the pay-roll period ending March 15, 1940, including truck drivers, watchmen, and em- ployees who did not work during such pay-roll period because they were ill, on vacation, or temporarily laid off, but excluding office and engineering employees, supervisors, foremen, and 'those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Electrical, Radio & Machine Workers of America, Local 410, for the purposes of collective bargaining.