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 l Case No. R-0087 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 27 1941 On November 14, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in this proceeding? Pursuant thereto, elections by secret ballot were con- ducted among employees of Westinghouse Electric& Manufacturing Company, herein called the Company, at the R. D. Nuttall Plant, Pittsburgh, Pennsylvania, on December 5, 1940, under the direction and supervision of the Regional Director for the Sixth Region (Pitts- burgh, Pennsylvania). On December 6, 1940, the Regional Director, acting pursuant to Article III, Section 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 the results of the balloting as follows : GROUP (1)-PRODUCTION AND MAINTENANCE EMPLoYIIEs Total all ballots Valid votes only Total on eligibility list------------------------------------------ 689 Total ballots cast---------------------------------------------- 609 --- --- Total ballots challenged___________________ __________________ Total blank ballots--------------------------------------------- 2 0 --- Total void ballots---------------------------------------------- 0 --- Total valid votes cast__________________________________________ ___ - 607 Votes cast for United Electrical, Radio & Machine Workers of America, Westinghouse Local No. 601, affiliated with the C. I. 0__ 517 Votes cast for Association of Westinghouse Nuttall Employees--__ _-- 62 Votes cast for Neither------------------------------------------ --- 28 1 27 N. L. R B. 1358. 30 N. L. R. B., No. 95. 635 636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD GROUP (2)-SALARIED EMPLOYEES Total all ballots Valid votes only Total on eligibility list_________________________________________ 111 --- Total ballots cast______________________________________________ 102 --- Total ballots challenged________________________________________ 0, --- Total blank ballots_____________________________________________ 0 Total void ballots---------------------------------------------- 0 --- Total valid votes cast___________________________________________ ___ 102 Votes cast for Association of Westinghouse Nuttall --------------- --- 83 Votes cast against Association of Westinghouse Nuttall Employees_ 19 GROUP (3)-SALARIED INSPECA ORS Total all ballots Valid votes only 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 Votes cast for United Electrical , Radio & Machine Workers ' of America, Westinghouse Local No. 601, affiliated with the C I. O__ 8 Votes cast for Association of Westinghouse Nuttall Employees -___ ___ 5 Votes cast for neither__________________________________________ ___ 4- On February 4, 1941, the Board issued a Supplemental Decision and Second Direction of Election.2 Pursuant thereto, an election by secret ballot was conducted on February 28, 1941. On March 3, 1941,3 the Regional Director prepared and duly served on the parties an Elec- tion Report, setting forth the results of the balloting as follows : GROUP (3)-SALARIRD,INSPEYrORS Total all ballots Valid votes only Total on eligibility list__________________________________________ 20 Total ballots cast----------------------------------------------- Total ballots challenged________________________________________ 18 0 --- a. Challenged, ballots determined eligible_____________________ 0 b. Challenged ballots determined not eligible_________________ 0 Total blank ballots_____________________________________________ 0 Total void ballots______________________________________________ 0 Total valid votes cast___________________________________________ - --- 18 Votes cast for United Electrical, Radio & Machine Workers of America, Local 601, Affiliated with the Congress of Industrial Organizations------------------------------------------------ --- 16 Votes cast for Association of Westinghouse Nuttall Employees--___ ___ 2 No objections to the conduct of the balloting or to the Election Reports have been filed by any of the parties. S Upon the entire record in the case, the Board makes the following : 2 29 N . L. R B. 391. The Election Report was erroneously dated February 3, 1941. \TESTINGHOUSE ELECTRIC & MANUFACTURING CO. 637 SUPPLEMENTAL FINDINGS OF FACT In our Decision and Direction of Elections, we found that all the production and maintenance employees , at the Company's Nuttall Plant, including shipping and receiving employees, testers, truck drivers, and police (paid by the hour), but excluding supervisory em- ployees, clerical workers, engineers , and salaried employees other than inspectors, and including or excluding the non-supervisory salaried inspectors depending upon the result of an election to be conducted among them, constituted a unit appropriate for the purposes of col- lective bargaining ; that all the salaried employees at the Plant, exclu- sive of salaried inspectors and supervisory employees , and including or excluding the non-supervisory salaried inspectors depending upon the result of the election to be conducted among them, constituted a separate unit appropriate for the purposes of collective bargaining; and that such units would insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining, and would otherwise effectuate the policies of the Act. We further stated that if United Electrical , Radio and Machine Workers of America, Westinghouse Local 601, obtained a majority at the election among the non -supervisory salaried inspectors, such employees would be included in the production and maintenance unit; but that if Asso- ciation of Westinghouse Nuttall Employees obtained the majority, such employees would be inchided in the salaried unit. The result of the election conducted on December 5, 1940, among the non-supervisory salaried inspectors , pursuant to our Decision and Direction of Elections, was inconclusive . Accordingly , we issued a Supplemental Decision and Second Direction of Election , directing that a second election be conducted among the non -supervisory salaried inspectors. The result of the second election , conducted pursuant thereto on February 28, 1941, reflected a majority in favor of United Electrical, Radio and Machine Workers of America, Westinghouse Local 601. Accordingly , we shall include the non-supervisory salaried inspectors in the production and maintenance unit. We find that all the production and maintenance employees at the' Company's Nuttall Plant, including shipping and receiving employees, testers, truck drivers, police (paid by the hour), and salaried inspec- tors, but excluding supervisory employees, clerical workers, engineers, and salaried employees other than inspectors , constitute a unit appro- priate for the purposes of collective bargaining. We find that all the salaried employees at the Company's Nuttall Plant, exclusive of inspectors and supervisory employees , constitute a separate unit appropriate for the purposes of collective bargaining. Upon the basis of the above supplemental findings of fact and upon the entire record in the case, the Board makes the following : 638 DECISIONS OF" NATIONAL LABOR- RELATIONS BOARD SUPPLEMENTAL CONCLUSIONS OF LAW 1. All the production and maintenance employees at the Company's Nuttall Plant, including shipping and receiving employees, testers, truck drivers, police (paid by the hour), and salaried inspectors, but excluding supervisory employees, clerical workers, engineers, and sal- aried employees other than inspectors, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 2. All the salaried employees at the Company's Nuttall Plant, exclu- sive of inspectors and supervisory employees, constitute a separate unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations 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 United Electrical, Radio and Machine Workers of America, Westinghouse Local 601, has been designated and selected by a majority of the production and maintenance em- ployees of Westinghouse Electric & Manufacturing Company at the R. D. Nuttall Plant, Pittsburgh, Pennsylvania, including shipping and receiving employees, testers, truck drivers, police (paid by the hour), and salaried inspectors, but excluding supervisory employees, clerical workers, engineers, and salaried employees other than inspec- tors, as their representative for the purposes of collectiye bargaining, and that, pursuant to Section 9 (a) of the Act, United Electrical, 'Radio and Machine Workers of America, Westinghouse Local601, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment; and IT JS HEREBY CERTIFIED that Association of Westinghouse Nuttall Employees has been'designated and selected by a majority of the sal- aried employees of Westinghouse Electric & Manufacturing Company at the R. D. Nuttall Plant, Pittsburgh, Pennsylvania, exclusive of inspectors and supervisory employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Association of Westinghouse Nuttall Employees is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.