Westinghouse Electric & Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MANurACTuRING COM- PANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LocAL 711 (C. I. 0. ) Case No. R-1857.-Decided June 12, 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 : stipulated : production and maintenance employees , excluding super- visory and clerical employees, designing and technical engineers , tool designers, draftsmen, time-study employees, and policemen-Election Ordered Mr. Drexel A. Sprecher, for the Board. Mr. William E. Miller, of Pittsburgh, Pa., for the Company. Mr. Edwin Beal, of Mansfield, Ohio, for the United. Mr. S. G. Bu4shman, of Mansfield, Ohio, for the Association. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 20, 1940, United Electrical, Radio & Machine Workers of America, Local 711, herein called the United, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Westinghouse. Electric & Manufacturing Company, Mansfield, Ohio, herein called, the Company, and request- ing 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 May 10, 1940, the National Labor Rela- tions 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, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 24 N. L. R. B., No. 58. 601 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On May 15, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company; the United; International Brotherhood of Electrical Workers (A. F. L.), Inter- national Association of Machinists, Local 453; and Mansfield West- inghouse Employees Association, Inc., herein called the Association. Pursuant to notice, a hearing was held on May 24, 1940, at Mans- field, Ohio, before Albert L. Lohm, the Trial Examiner duly desig- nated by the Board. The Board, the Company, the United, and the Association were represented by counsel and participated in the hear- ing. No appearance was entered for International Brotherhood of Electrical Workers (A. F. L.) or for International Association of Machinists, Local 453. Full opportunity to be heard, to examine and cross-examine witnesses and to introduce evidence was afforded all parties. During the hearing the Association raised a general objection to the petition of the United.' The Trial Examiner over- ruled the objection. We affirm the Trial Examiner's ruling. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Westinghouse Electric & Manufacturing Company is a Pennsyl- vania corporation with its headquarters in Pittsburgh. It has dis- tributors and dealers in various States throughout the United States, and has plants in California, Maryland, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania. We are concerned here only with the Mansfield plant, located in Mansfield, Ohio, where it manu- factures electric refrigerator cabinets, electric ranges, electric water heaters, electric dishwashers, electric irons, electric roasters, commer- cial thermostats, and miscellaneous electric heating and table appli- ances. In the manufacture and production of these products, the Company uses aluminum, brass, bronze, copper, clay, iron, lumber, micarta, magnesium, and lumber as its major raw materials. The total value of the raw materials purchased by the Company during 1939 for use at its Mansfield plant was approximately $13,000,000, of which 75 per cent, by value, was purchased outside the State of Ohio and shipped to the Mansfield plant. The total value of the finished products sold by the Company in 1939 was approximately $19,000,000, of which 95 per cent, by value, was sold and shipped outside the State of Ohio. After the, products are sold to customers i The Association 's objection was based "on the plea that in the evidence of facts previously used by the Board's agent in reference to Westinghouse employees , indicates that questions of the Board 's preliminary investigation were answered contrary to that evidence." This objection raises no material issue with respect to the petition. WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 603 the Company renders 1 year's free service on defective workmanship and materials, except on refrigerator units as to which it affords 4 'years' free service.. It also renders unlimited repair service after the guarantee period on its products at nominal cost to the customer. The total number of employees at the Mansfield plant on May 11, 1940, was 4,065. The Company admits that it is engaged at its Mansfield plant in interstate commerce, within the meaning of the Act. H. THE ORGANIZATIONS INVOLVED . United Electrical , Radio & Machine Workers of America, Local 711 (C. I. 0.), and Mansfield Westinghouse Employees Association, Inc. are labor organizations, admitting to membership production and maintenance employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 8, 1940, the United requested the Company to recognize it as the exclusive bargaining agency for its production and mainte- nance employees, excluding supervisory and clerical employees. On April 10, 1940, the Company-declined to extend such recognition until the United had been certified by the Board. We find that a question has arisen concerning the 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 Company, the United, and the Association stipulated that all 'production and maintenance employees of the Mansfield plant, excluding supervisory and clerical employees, designing and technical engineers, tool designers, draftsmen, time-study employees, and policemen, constitute a unit appropriate for the purposes of col- lective bargaining. We find that the production and maintenance employees of the Company at its Mansfield plant, exclusive of supervisory and clerical employees, designing and technical engineers, tool designers, drafts- 604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD men, time-study employees, and policemen, constitute a unit appro- priate 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 to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing it was agreed by all parties that an analysis by the Regional Director of the evidence of membership submitted by the United might be included in the record subsequent to the hearing. The report of the Regional Director was thereafter filed, showing that the United represents a substantial number of employees in the appropriate unit. The United claimed in its petition that ap- proximately 2,000 of the Company's employees within the unit sought had designated it as their representative for collective bargaining. The Association made no claim concerning representation and stated that it did not desire to appear on the ballot in the event that a secret ballot election was, ordered by the Board. We find that the question concerning representation which has arisen can best be resolved by holding an election by secret ballot. We shall direct that such an election be held. The persons eligible to participate in the election shall be the employees in the appropriate unit who were employed by the Company at its Mansfield plant during the pay-roll period next preceding this 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 have since been temporarily laid off, but excluding those who have since quit or been discharged for cause. 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 & Manufacturing Company, Mansfield, Ohio, within the meaning of Section 9 (c) and Section 2' (6) and (7) of the National Labor Relations Act. 2. The production and maintenance employees of the Company at its Mansfield plant, excluding supervisory and clerical employees, de- signing and technical engineers, tool designers, draftsmen, time-study. employees, and policemen, constitute a unit appropriate for the pur-. poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 605 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 Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Westinghouse Electric & Manufacturing Company, Mansfield, Ohio, 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, under the direction and supervision of the Regional Di- rector for the Eighth 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 main- tenance 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 this 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 have since been temporarily laid off, but excluding supervisory and clerical employees, designing and technical engineers, tool de- signers, draftsmen, time-study employees, and policemen, and em- ployees who have since quit or been discharged for cause, to determine whether or not they wish to be represented for the purposes of col- lective bargaining by United Electrical, Radio & Machine Workers of America, Local 711, affiliated with the Congress of Industrial Organizations.