Westinghouse Electric & Mfg. Co.

In the Matter of WESTINGHOUSE ELEcTRIc & MFG. Co. and AssocIATloN OF WESTINGHOUSE SALARIED EMPLOYEES Case No. R-1623 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES May 2°2,1940 On January 19, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceedings.' Pursuant to the Direction of Election, an election by secret ballot was conducted on February 15, 1940, under the direction and supervision of the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania). On February 16, 1940, the Regional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, issued an Election Report, copies of which were duly served upon the parties. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number of eligible voters_____________________________ 2,528 Total number of ballots counted___________________________ 2,219 Total number of votes for Association of Westinghouse Salaried Employees_____________________________________ 2,136 Total number of votes against Association of Westinghouse Salaried Employees_____________________________________ 81 Total number of blank ballots______________________________ 1 Total number of void ballots________________________________ 1 Total number of challenged ballots_________________________ 0 On April 13, 1940, the Board issued a Supplemental Decision and Direction of Elections in the above-entitled proceedings.2 Pursuant to the Supplemental Direction of Elections, elections by secret ballo4 were conducted on May 7, 1940, under the direction and supervision of the Regional Director for the Sixth Region. On May 8, 1940, the 219 N. L.IR.B.640. D 22 N. L. R. B. ^50. 23 N. L. R. B., No. 112. 1049 1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued a Supplemental Election Report, copies of which were duly served upon the parties. No objections to the conduct of the ballots-.or.the Supplemental Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : GROUP I-SALARIED PRODUCTION EMPLOYEES, SALARIED INSPECTORS AND SALARIED INSPECTORS ' STENOGRAPHERS Total number of eligible voters ------------------------------- 608 Total number of ballots counted ------------------------------ 519 Total number of votes for Association of Westinghouse Salaried Employees_______________________________________ 441 Total-'number of votes against Association of Westinghouse Salaried Employees--------------------------------------- 73 Total number of blank ballots-------------------------------- 0 Total number of void ballots--------------------------------- 0 Total number of challenged ballots -------------------------- 6' GROUP II-PowERHousE EMPLOYEES Total number of eligible voters------------------------------- 22 Total number of ballots counted------------------------------ 20 Total number of votes for Association of Westinghouse Salaried Employees--------------------------------------- 19 Total number of votes against Association of Westinghouse Salaried Employees----=-------= ------------------------ 1 Total number of blank ballots-------------------------------- 0 Total number of void ballots--------------------------------- : 0 Total number.of challenged ballots---------------------------= 0 Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT In our Decision and Direction - of Election of January 19, 1940, we found that the salaried employees of Westinghouse Electric & Mfg. Co. at its East Pittsburgh Unit, including Genevieve C. Cole, but ex- eluding all other salaried production employees and all supervisory employees, inspectors, inspectors' stenographers, and the employees in the powerhouse, constituted a unit appropriate for the purposes of collective bargaining and directed that an election be held among them. In our Supplemental Decision and Direction of Elections of April 13, 1940, we directed the holding of further elections among (1) the power- house employees excluding supervisory employees and (2) the salaried The Regional Director ruled that the challenged ballots would not be counted since they would not affect the result of the election. WESTINGHOUSE ELECTRIC Sr MFG. COMPANY 1051 production workers, salaried inspectors, and salaried inspectors' stenographers, excluding Genevieve C. Cole and supervisory em- ployees. We did not, pending these further elections, make a final determination as to the appropriate unit for the purposes of collective bargaining as respects the employees among whom such elections were directed. We stated, however, that if Association-of Westinghouse Salaried Employees obtained a majority in either or both of such elec- tions, the election group or groups would be considered part of the general salaried unit. Accordingly, and in view of the election results described above, we hereby rescind our finding of January 19, 1940, as to the appropriate unit. In lieu thereof we find that the salaried employees of Westing- house Electric & Mfg. Co. at its East Pittsburgh Unit, excluding supervisory employees, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the said Company the full' benefit of their right to self-organiza- tion and otherwise effectuate the policies of the Act. Upon the basis of the above findings of fact and the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSION OF LAW The salaried employees of ` Westinghouse Electric & Mfg. Co. 'at, its East Pittsburgh Unit, excluding supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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 Board Rules and Regulations-Series 2, as amended,' IT IS HEREBY CERTIFIED that Association of Westinghouse Salaried Employees- has been designated and selected by a majority of the' salaried employees of Westinghouse Electric & Mfg. Co. at its East Pittsburgh Unit, excluding supervisory employees, as their representa- tive for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the National Labor Relations Act, Association of Westinghouse Salaried Employees is the exclusive representative of all such employees ' for the purposes of collective bargaining with' respect to rates of pay, wages, hours of employment, and other conditions of employment.