Westinghouse Electric & Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM- PANY and BUFFALO DISTRICT WESTINGHOUSE SALARIED EMPLOYEES ASSOCIATION Case No. R4045.-Decided September 23, 1940 Jurisdiction : electrical product distribution industry Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union, request that certification be obtained ; election necessary. Unit Appropriate for Collective Bargaining : salaried employees below a super- visory capacity at the Buffalo Administrative District of the Company. Mr. William E. hhu ller, of Pittsburgh, Pa., for the Company. Mr. R. W. Allison, of Pittsburgh, Pa., for the Association. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 8, 1940, Buffalo District Westinghouse Salaried Em- ployees Association, herein called the Association, filed with the Regional Director for the Third Region (Buffalo, New York) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees in the Buffalo Administra- tive District of Westinghouse Electric & Manufacturing Company, Buffalo, New York, and requesting 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 August 21, 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, as amended, ordered an investigation and authorized the Re- gional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 23, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Asso- 27 N. L. R. B., No. 86. 403 404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ciation, United Electrical, Radio and Machine Workers of America, and International Brotherhood of Electrical Workers. Pursuant to the notice, a hearing was held on September 6, 1940, at Buffalo, New York, before Edward D. Flaherty, the Trial Examiner duly' designated by the Board. United Electrical, Radio and Machine Workers of America appeared at the hearing by its representative but stated that it did not wish to intervene in the proceedings. The Company and the Association. were represented by counsel and par- ticipated 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 made several rulings on motions. 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 case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company is a Pennsylvania corporation maintaining a division called Buffalo Administrative District with offices at Buffalo, New York. During 1939, the Buffalo Administrative District sold prod- ucts valued at approximately $3,717,000. The raw materials used by the Company in filling orders is secured from a number of States other than New York. The Company- employs approximately 105 employees in its Buffalo Administrative District. H. THE ORGANIZATION INVOLVED Buffalo District Westinghouse Salaried Employees Association is a labor organization affiliated with the Federation of Westinghouse Employees' Associations. It admits to membership all salaried em- ployees in the Buffalo Administrative District of the Company, excluding supervisory employees. III. THE QUESTION CONCERNING REPRESENTATION On July 1, 1940, the Association wrote to the Company claiming to represent a majority of the salaried employees in the Buffalo Ad- ministrative District and requested exclusive recognition. The Com- pany replied that it would not grant exclusive, recognition to 'the Association until it had been certified by the Board. A 'statement of the Regional Director introduced at the hearing shows that the WEISTINGHOUS,E ELECTRIC & MANUFACTURING COMPANY 405 Association represents a substantial number of employees, in the unit which it claims to be appropriate.' 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Association urges that'all salaried employees below 'a super- visory capacity in the Buffalo Administrative District of the Com- pany constitute a unit appropriate for the purposes of collective bar- gaining. The Company stated that it had no objection to this unit. We find that all salaried employees below a supervisory capacity in the Buffalo Administrative District of the Company constitute a unit appropriate for the purpose 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 We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. The parties agreed at the hearing that in the event that the Board directed an election, eligibility of employees to vote should be determined by the Company's pay roll immediately preceding the date of the Direction. We will direct that the em- ployees eligible to vote shall be those employees in the appropriate unit who were employed during the pay-roll period immediately pre- ceding the date of the Direction herein, including employees who did not work during such pay-roll period because they wei e 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. The Regional Director's statement shows that 68 employees in the, proposed unit have signed membership application cards in the Association There are approximately 90 employ ees in such unit 406 DECISIONS OF _ NATIONAL LABOR RELATIONS BOARD 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 in the Buffalo Administrative District of West- inghouse Electric & Manufacturing Company, within the meaning of Section* 9 (c) and , Section 2 ( 6) and (7) of the National Labor Re- lations Act. 2. All salaried employees below _ a supervisory capacity at the Buffalo Administrative District of the Company , constitute a unit appropriate for the purposes of collective bargaining , within- the meaning of Section 9 (b) of the National Labor Relations 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 Rela- tions 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Westinghouse Electric & Manufacturing Company, Buffalo, New York, 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 Direc-, A or for the Third Region, acting in this matter as agent for the National Labor Relation's Board, and subject to Article III, Section 9, of said Rules and Regulations, among all salaried employees of the Company at its Buffalo Administrative District, below a super- visory capacity, who were employed during the pay-roll period im- mediately 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 tem- porarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Buffalo District Westinghouse Salaried Employees Association, affiliated with Federation of Westinghouse Employees' Associations, for the purposes of collective bargining. WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 407- [ SAME TITLE] CERTIFICATION OF REPRESENTATIVES - October 29, 1940 On September 23, 1940, the National Labor Relations, Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election, an election by secret ballot was conducted on October 9, 10, and 11, 1940, under the direction and supervision of the Regional Director for the Third Region (Buffalo, New York). On October 12, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. 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 on eligibility list----------------------------------- 84 Total ballots cast---------------------------------------- 66 Total ballots challenged----------------------------------- 1 Total blank ballots--------------------------------------- none Total void ballots---------------------------------------- none Total valid ballots cast----------------------------------- 65 Total votes cast for Buffalo District Westinghouse Salaried Employees Association---------------------------------- 63 Total votes cast against Buffalo District Westinghouse Salaried Employees Association------------------------- 2 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 Buffalo District Westinghouse Salaried Employees Association has been designated and selected by a major- ity of all salaried employees below a supervisory capacity at the Buf- falo Administrative District of Westinghouse Electric & Manufac- turing Company, as their representative for the purpose of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Buffalo District Westinghouse Salaried Employees Association is the exclu- sive representative of all such employees for the purposes of collec- tive bargaining in respect to rates of pay, wages, hours of employ- - ment, and other conditions of employment. 27 N. L. R. B., No. 86a. 1