Westinghouse Electric and Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING COM- PANY (RADIO DIVISION) and SALARIED EMPLOYEES ASSOCIATION OF TI3E RADIO DIVISION OF THE WESTINGHOUSE ELECTRIC AND MANUFAC -TURING COMPANY Case No. R-655.Decided July 9,1941 Investigation and Certification of Representatives : stipulation for certification on consent comparison of records. Mr. William M: Aicher, for the Board. Mr. Walter Evans, of Baltimore, Md., for the Company. Mr. John D. Diehl and Mr. Paul L. Cordish, of Baltimore, Md., for, the Union. Mr. Bertram Diamond, of counsel to the Board. DECISION AND .CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On May 2, 1941, Salaried Employees Association of the Radio Divi- sion of the Westinghouse Electric and Manufacturing Company, herein called the Union, filed with the Regional Director for the Fifth Re- gion (Baltimore, Maryland) a petition alleging a question' affecting commerce had arisen concerning the representation of employees of Westinghouse Electric and Manufacturing Company. (Radio Divi- sion), herein called the Company, engaged in the manufacture and distribution of radio and related signaling equipment at Baltimore, Maryland, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 10, 1941, the Na- tional Labor Relations Board, herein called the Board, acting pursu- ant to Section 9 (c) of the Act, "and Article III, Section 3, 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 June 13, 1941, the Company, the Union, and the Board entered 33 N. L. R. B., No. 55. 224 WESTINGHOUSE ELECTRIC AND MANUFACTURING ooMPANY 225 into a "STIPULATION FOR CERTIFICATION ON CONSENT COMPARISON OF RECORDS." Pursuant to the ` stipulation, a pay-roll clieck by comparison of union designations' with the pay roll of the Company for the period ending May 9, 1941, was made on June 17, 1941, under the supervision of the Regional Director, to determine the number of salaried technical, office, and office clerical employees of the -Company, including time- study clerks, but excluding executive and supervisory employees and all production and maintenance employees (those employees claimed by United Electrical, Radio and Machine Workers of America (C. I. 0.), Local 130, in its petition filed with the National Labor Relations Board, Fifth Region, on June 13, 1939), who designated the Union as their bargaining agency. On June 18, 1941, the Regional Director, .acting pursuant to the stipulation, issued and duly served upon. the parties his Report on Results of Investigation by Inspection of Records. Na objections'to said Report have been filed by any of the parties. In his Report, the Regional Director reported that comparison of the union designations with the pay roll of the Company showed that 165 out of 209 eligible employees authorized the Union to represent them for the purposes of collective bargaining, with the . Company with respect to rates of pay, wages, hours of work, and. other condi- tions of employment. Upon the basis of the stipulation,, the Report on Results of Investigation by Inspection of Records, and the entire record in the'case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Westinghouse Electric and Manufacturing Company (Radio Division), Baltimore, Maryland, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All salaried technical, office, and office clerical employees of the Company, including time-study clerks, but excluding executive and supervisory employees and all production and maintenance employees (those employees claimed by United Electrical; Radio and Machine Workers of America (C. I. 0.), Local 130, in its petition filed with the National Labor Relations Board, Fifth Region, on June 13, 1939), constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Salaried Employees Association of- the Radio Division of the Westinghouse Electric and Manufacturing Company has been desig- nated and selected by a majority of the employees in the above unit as 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD their representative for the purposes of collective bargaining and is the exclusive representative of all the employees in said unit within, the meaning of Section 9 (a) of the National Labor Relations 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 Rela- tions Act, IT'IS HEREBY CERTIFIED that Salaried Employees Association of the Radio Division of the Westinghouse Electric and Manufacturing Company has been designated and selected by a majority of the sala- ried technical , office, and office clerical employees of the Westinghouse Electric and Manufacturing Company (Radio Division ), Baltimore, Maryland, including time-study clerks, but excluding executive and supervisory employees and all production and maintenance em- ployees (those employees claimed by United Electrical, Radio and Machine Workers of America (C. I. 0.), Local 130, in its petition filed with the National Labor Relations Board, Fifth Region, on June 13, 1939 ), as their representative for the purposes of collective bar- gaining, and that pursuant to the provision of Section 9 (a) of the Act, Salaried Employees Association of the Radio Division of the Westinghouse Electric and Manufacturing Company is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages , hours of employment, and other conditions of employment.