Westinghouse Electric & Mfg. Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MFG. Co. and ASSOCIATION OF WESTINGHOUSE SALARIED EMPLOYEES Case No. R-1623 SUPPLEMENTAL DECISION AND DIRECTION OF ELECTIONS April 13,1940 On January 19, 1940, the National Labor Relations Board, herein called the Board , issued a Decision and Direction of Election in this case.' Therein the Board directed that an election by secret ballot be held among the salaried employees of Westinghouse Electric & Mfg. Co., herein called the Company, at its East Pittsburgh Unit, excluding supervisory employees , salaried production employees other than Genevieve C. Cole, inspectors, inspectors' stenographers, and employees in the powerhouse , to determine whether or not they de- sired to be represented by Association of Westinghouse Salaried Employees, herein called the Association , for the purposes of collec- tive bargaining. On January 27, 1940, the Association filed a Petition for Review, praying in substance that the Board admit into evidence an exhibit of statements purportedly signed by certain employees of the Com- pany expressing their desire to be represented by the Association. On March 6, 1940, the Board issued and duly served upon all the parties a notice that on March 25, 1940,-or as soon thereafter as might be convenient, unless sufficient cause to the contrary should then ap- pear, the Board , by appropriate order, would admit such exhibit into evidence as being in fact what it purported to be. On March 21, 1940, Local No. 601, United Electrical , Radio and Machine Workers of America, herein called the United , filed objec- tions to the admission of the exhibit into evidence . The Board has considered the objections and finds them to be without merit. It is therefore ordered that said exhibit be, and it hereby is, received in evidence in this proceeding. 119 N. L. R. B. 640. 22 N. L. R. B., No. 67. 956 WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 957 It appears from the exhibit that a substantial number of the salaried production workers, salaried inspectors, and powerhouse employees at the Company's East Pittsburgh Unit desire to be rep- resented by the Association.2 In view of this showing and the cir- cumstances alluded to in our previous Decision, we are of the opinion that the employees in these groups should themselves determine whether or not they should be included in a unit of all salaried employees. We are also of the opinion that the wishes of the powerhouse employees, on the one hand, and of the salaried pro- duction workers and salaried inspectors, on the other, should be de- termined separately. We shall, therefore, direct that elections, by secret ballot be held among (1) the powerhouse employees, and (2) the salaried production workers, salaried inspectors, and inspectors' stenographers. If the Association obtains a majority in either or both elections, the election group or groups will be considered part of the general salaried unit. An election group in which the Asso- ciation does not receive a majority will be excluded from the general salaried unit. In accordance with our usual practice, eligibility to vote will be determined by reference to the pay-roll period last preceding the date of this Supplemental Direction of Elections. SUPPLEMENTAL DIRECTION OF ELECTIONS 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, 49 Stat. 449, 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 authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with Westinghouse Electric & Mfg. Co., East Pittsburgh, Pennsylvania, elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Elections, under the direction and supervision of the Regional Dii ector for the Sixth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Ar- ticle III, Section 9, of said Rules and Regulations : (1) Among all salaried production employees, salaried inspectors, and salaried inspectors' stenographers, who were employed by the Company at its East Pittsburgh Unit during the pay-roll period 2 The authorizations are signed by 198 of approximately 335 salaried production workers, 104 of approximately 137 salaried inspectors and inspectors ' stenographers, and. 8 of approximately 23 powerhouse employees 958 DECISIONS OF NATIONAL LABOR RELATIONS BOARD last preceding the date of this Direction, including all such employees who did not work during such pay-roll period because they were ill or on vacation, or who were then or have since been temporarily laid off, but excluding Genevieve C. Cole, supervisory employees, and any employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Association of Westinghouse Salaried Employees for the purposes of collective bargaining; and (2) Among all powerhouse employees who were employed by the Company at its East Pittsburgh Unit during the pay-roll period lash preceding the date of this Direction, including all such em- ployees who did not work during such pay-roll period because they were ill or on vacation or who were then or have since been tempo- rarily laid off, but excluding supervisory employees and any em- ployees who have since quit or been discharged for cause, to deter- mine whether or not they desire to be represented by Association of Westinghouse Salaried Employees for the purposes of collective bargaining. MR. EDWIN S. SMITH, concurring : In the earlier Decision in this case I agreed that the salaried pro- duction employees, salaried inspectors, and powerhouse employees, should be excluded from the general salaried unit because of the nature of the work of these employees and the history of collective bargaining with the Company. In view of the facts that the United has taken no formal action to seek inclusion of these employees in the unit the United represents, and that a substantial number of these employees have expressed a desire to be represented by the Association, I am now of the opinion that the wishes of these em- ployees should be permitted to determine their unit status. I there- fore concur in the present Supplemental Decision and Direction of Elections.