Westinghouse Electric & Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM- PANY, R. D. NUTTALL PLANT and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 601 Case No. B-0087 SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION Feb? nary 4, 194,1 On November 14, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in this proceeding,' directing, inter alia, that an election by secret ballot be conducted among the salaried inspectors, exclusive of supervisory employees, employed by Westinghouse Electric & Manufacturing Company, herein called the Company, at the R. D. Nuttall Plant, to determine whether they desired to be represented for the purposes of collective bargaining by United Electrical, Radio and Machine Workers of America, Westinghouse Local 601, herein called the United, or by Association of Westinghouse Nuttall Employees, herein called the Association, or by neither. Pursuant to the Decision and Direction of Elections, an election by secret ballot was conducted among such employees on December 5, 1940, under the direction and supervision of the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania). On December 6, 1940, the Regional Director, acting pursuant to Article III, Sec- tion 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, prepared and duly served on the parties an Election Report, setting forth, inter alia, the following results of the aforesaid election : Total on eligibility list-------------------------------------- 22 Total ballots cast-------------- ----------------------------- 18 Total ballots challenged------------------------------------- 0 Total blank ballots------------------------------------------ 1 Total void ballots------------------------------------------- 0 Total valid votes cast--------------------------------------- 17 127 N. L. R . B. 1358 29 N L R. B, No. 70 391 392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Votes cast for United Electrical, Radio & Machine Workers of America, Westinghouse Local No. •601, Affiliated with the C. I. 0------------------------------------------------ 8 Votes cast for Association of Westinghouse Nuttall Employees__ 5 Votes cast for neither--------------------------------------- 4 No objections were thereafter filed to the Election Report. On or about December 19, 1940, the United requested a run-off election. Although neither of the competing labor organizations received a majority of the votes cast, the results of the election show that a substantial majority of the employees in question desire to bargain collectively with the Company. Accordingly, we shall direct a run- off''election, in which such employees will be given an opportunity to decide whether they desire to be represented by the United or by the Association for the purposes of collective-bargaining. SECOND 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, 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 DIRECTED that, as part of the investigation authorized by the Board to determine the appropriate units and to ascertain representatives for collective bargaining with Westinghouse Electric & Manufactur- ing Company at the R. D. Nuttall Plant, Pittsburgh, Pennsylvania, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Supplemental Decision and Second Direction of Election, under the direction and supervision of the Regional Director for the Sixth 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 the salaried inspectors described in the Direction of Elections issued November 14, 1940, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by United Electrical, Radio and Machine Workers of America, Westinghouse Local 601, or by Association of Westinghouse Nuttall Employees, for the purposes of collective bargaining. MR. WILLIAM M. LEISERSON, dissenting : For the reasons stated in my dissenting opinion in Matter o l Coos Bay Lumber Company,2 I would not, direct a run-off election. 2Matter of Coos Bay Lumber Company and Lumber & Sawmill Trorters Union, Local No 2573, 16 N. L R B. 476.