Westinghouse Electric & Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM- PANY and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 619, Case No. R-2371.-Decided March 22, 1941 Jurisdiction : electrical equipment servicing and repairing industry. investigation and Certification of Representatives : existence of question: stip- ulated; election necessary. - Unit Appropriate for Collective Bargaining : all production, maintenance, and service employees of the Company at its Johnstown, Pennsylvania, service shop, including drivers, store room clerks, shippers, and receivers, but excluding supervisors and office workers; no controversy as to. Mr. William E. Miller, of Pittsburgh, Pa., for the Company. Mr. Hugh J. Harley, Jr., of East Pittsburgh, Pa., and Mr. Ernest Stewart, of Johnstown, Pa., for the Union. - Mr. Robert D. Allen, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 21, 1941, United Electrical, Radio and Machine Workers ; of America, Local 619,1 herein called the Union, filed with the Regional Director for the Sixth Region (Pittsburgh, Pennsyl- vania) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Westinghouse Electric :& Manufacturing Company,2 herein called the Company, at its Johnstown, Pennsylvania, service shop, and requesting in investi- gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 21, 1941, 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 investiga- ' Incompletely designated in some of the formal papers herein as United Electrical, Radio and Machine Workers of America. a Incorrectly designated in some of the formal papers herein as Westinghouse Electrical and Manufacturing Company. 30 N. L. R B., No. 77. 522 WESTINGHOUSE ELECTRIC & MANUFACTURING CO. 523 tion and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 25, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on March 6, 1941, at Johnstown, Pennsylvania, before Robert H. Kleeb, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the Union were represented by counsel and representatives respectively, and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made a ruling on a motion made to amend the petition to correct the designation of the Union. 'The Board has reviewed this ruling of the Trial Examiner and finds that no prejudicial error ivas committed. The ruling is hereby affirmed. I - 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 owning and operating a number of factories, plants, and service shops throughout the country with sales activities ex- tending into every State. During 1939 the Company's total volume of business amounted to more than $151000,000; said business com- prising shipments of its products to virtually all the States of the United States and to a number of foreign countries . The raw ma- terials used by the Company in ' the manufacture of its products are secured from a number of States ihi the United States. These proceedings are concerned solely with the Company 's service shop located at Johnstown , Pennsylvania , which employs 20 persons. The Company admits for the purpose of this proceeding that its Johnstown , Pennsylvania , service shop is subject to the jurisdiction of the Board. H. THE ORGANIZATION INVOLVED United Electrical, Radio and Machine Workers of America, Local 619, is a labor organization admitting to membership employees of the Company at its Johnstown, Pennsylvania, service shop. III. THE QUESTION CONCERNING REPRESENTATION At the hearing it was stipulated that prior to the filing of the petition herein the Union requested the Company to recognize it as the exclusive bargaining representative of employees at the Johns- ' town, Pennsylvania, service shop, and that until the Union had been 5 '24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD certified, by the Board as the exclusive representative the Company would' recognize it only as the representative of its members. A statement of the Regional Director introduced into evidence shows that the Union represents a substantial number of employees in the collective bargaining unit hereinafter found to be appropriate.g We find that a question has arisen concerning representation of employees of the Company. I 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 At the hearing the Union contended that the appropriate unit consists of all production, maintenance, and service employees of the Company at its Johnstown, Pennsylvania, service shop, including drivers, store room clerks, shippers,, and receivers, but excluding supervisors and office workers. The Company did not object to the unit as thus claimed by the Union. - We find that all production, maintenance, and service employees of the Company at its Johnstown, Pennsylvania, service shop, includ- ing drivers, store- room clerks, shippers, and receivers, but excluding supervisors and office workers, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company at its Johnstown, Pennsylvania, service shop the full benefit of their right to self-organization and to col- lective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. - At the hearing the Union requested, without objection from the 'Company, that in the event the Board ordered an election the pay roll for the period ending March 10, 1941, be used in determining the eligibility of employees to vote in such election, and we shall- so direct, The Regional Director stated that 14 membership cards, the signatures upon which appeared to be genuine, original signatures , had been submitted to him by the Union, that 13 of those cards were dated in January 1941, that one was undated , and that the 14 names appearing on the membership cards likewise appeared on the Company 's pay roll of January 25, 1941. The record shows that the pay roll includes the names of 15 employees in the unit hereinafter found to be appropriate. WESTINGHOUSE ELECTRIC & MANUFACTURING CO . 525 subject to such limitations and additions as are set forth in the Direction. 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 rep- resentation of employees of Westinghouse Electric & Manufacturing Company at its Johnstown, Pennsylvania, service shop, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production, maintenance, and service employees of the Com- pany at its Johnstown, Pennsylvania, service shop, including drivers, store room clerks, shippers, and receivers, but excluding supervisors and office workers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the 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 Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules acid Regulations-Series 2, as amended, it is hereby Df?ECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Westinghouse Electric & Manufacturing Company, Johnstown, 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 Direction, under the direction and supervision of the Regional Di- rector 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 all production, maintenance, and service employees of Westinghouse Electric & Manufacturing Company, Johnstown, Pennsylvania, whose names appear on the Company's pay roll for the period ending March 10, 1941, including drivers, store room clerks, shippers, and receivers, and those who did not work during such pay-roll period because they were ill or on vacation, or absent because called for military service, and those who .were then or have since been temporarily laid off, but excluding supervisors and office workers, and those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Electrical, Radio and Machine Workers of America, Local 619, for the purposes of collective bargaining.