Westinghouse Electric & Manufacturing Co.

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING COM- PANY (PORCELAIN DIVISION) and AssocIATION OF WESTINGHOUSE SALARIED EMPLOYEES Case No. R-2482.-Decided May 6, 1941 Jurisdiction : electrical equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition ; election necessary. Unit Appropriate for Collective Bargaining : all clerical and technical employees in the Porcelain Division of the Company, excluding supervisors ; no con- troversy as to. Mr. Wm. E. Miller, of Pittsburgh, Pa., -for the Company. Mr. R. W. Allison, of Pittsburgh, Pa., for the Union. Mr. Herbert Shenlein, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 7, 1941, Association of Westinghouse Salaried Em- ployees, herein, called the Union, filed with the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Westinghouse Electric & Manufacturing Company (Porcelain Division), Derry, Pennsylvania, herein called the Company, 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 April 10, 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 investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On April 12, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice a hearing was held on April 17, 1941, at Pittsburgh, Pennsylvania, before Robert H. Kleeb, the Trial Ex- aminer duly designated by the Chief Trial Examiner. The Com- 31 N L. R. B., No. 101. 605 C06 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany and the Union 'were represented by counsel and participated 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. The Board has reviewed the various rul- ings,of the Trial Examiner and finds that no prejudicial errors were committed. 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 with its principal office and place of business at Pittsburgh, Pennsylvania. It is engaged in the manufacture, sale, and distribution of a wide variety of electrical machinery and equip- ment and has numerous plants in various parts of the United States. The present proceeding concerns only the Porcelain Division of the Company at Derry, Pennsylvania, where the Company manufactures transmission line insulators, switch insulators, bus supports, trans-, mission line hardware, and miscellaneous porcelain parts for elec- trical apparatus. The monthly purchases of raw materials necessary for the operation of the Porcelain Division averaged $45,000 during 1940; approximately 85 per cent of such purchases were shipped to the Porcelain Division from points outside the State of Pennsyl-• vania. The average monthly production of the Porcelain Division during 1940 was,$130,000; approximately one-third of these products were shipped to points outside the State of Pennsylvania. _ The total number of employees at the Porcelain Division is about 400. H. THE ORGANIZATION INVOLVED The Association of Westinghouse Salaried Employees is an un- affiliated labor organization admitting to membership salaried em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant the Union exclusive bargaining rights until the Union is certified as such representative by the Board. A statemeiit of the Regional Director, introduced in evi- dence, indicates that a substantial number of the Company's em- ployees within the unit alleged hereinafter found to be appropriate have designated the Union as their bargaining representative.' I The Regional Director reported that he had examined 18 signed applications for mem- bership in the Union , all of 'dhich were signed during December 1940 and January 1941. He reported that he had checked the pay roll of February 28, 1941, for the Porcelain Division, found that there appeared to be 27 employees within the unit alleged by the Union to be ap- propriate, and that the name of each of the 18 persons who had signed applications for membership in the Union was on that pay roll. WESTINGHOUSE ELECTRIC & MANUFACTURING CO. 607 'Wee 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union contends that a unit consisting of all clerical and -technical employees employed by the Company in its Porcelain Divi- sion, exclusive of supervisors,, is appropriate for collective bargain- ing purposes. The Company raises no question as to unit. In a previous, case involving the Porcelain Division of the Company 2 we found a unit consisting' of production and maintenance employees, exclusive of technical, clerical, and supervisory employees, to -be appropriate and directed the holding of an' election. Of the two, labor organizations involved in that case, one has been formally dissolved and the other, by a letter introduced into evidence in this, case, disclaimed any interest in the present proceedings. The parties' in this case stipulated that the unit contended for by the Union does not in any way conflict with the unit found appropriate in the previous case. Accordingly, we find that all clerical and technical employees in the Porcelain Division of the Company, excluding supervisors, con- stitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Porcelain Division 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 concerning representation which has arisen can best be resolved by an election by secret ballot. We shall direct that all employees of the Company in the appropriate -unit who were employed during the pay-roll period last preceding this 2 Matter of Westinghouse Electric & Mfg. Co. and United Electrical, Radio and Machine- Workers of America, Local No. 612, 18 N. L. R. B. 261. 608 DECISIONS OF- NATIONAL LABOR ,- RELATIONS BOARD Direction of Election, subject to such limitations and additions as are set forth in the Direction, shall be eligible to vote.8 Upon the basis of the above findings of fact and 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 of Westinghouse Electric & Manufacturing Company (Porcelain Division), Derry, Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. i 2. All clerical and technical employees in the Porcelain Division of the Company, excluding supervisors, 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series, 2, as amended, it is hereby I 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 (Porcelain Division), Derry, 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 of Election, under the direction and supervision of the Regional Director for the Sixth Region, act- ing 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 clerical and technical employees employed by the Company during -the pay-roll period immediately preceding the date of this Direction of Election, including any who did not work during said period because they, were ill or on vacation or in the active' military service or training of the United States, or temporarily laid off, but excluding supervisors, 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. 8 The parties agreed at the hearing that a pay roll as of the date of the hearing might be used in the election No reason appears, however, why the Board should depart from its usual practice of ordering use of the pay roll immediately preceding the date of the Direction of Election.