Westinghouse Electric and Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING COM- PANY (RADIO DIVISION) and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL #130 Case No. R40656.-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. Jolin A. Green, 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 8, 1941, United Electrical, Radio and Machine Workers of America, Local #130, herein called the Union,.filed with the Regional Director for the Fifth Region (Baltimore; Maryland), a' petition al- leging that a question affecting commerce had arisen concerning the representation of employees of Westinghouse Electric 'and Manu- facturing Company (Radio Division), herein. called the Company, engaged in the manufacture and distribution of radio and related signalling equipment at Baltimore, Maryland, and requesting an in- vestigation and certification of representatives pursuant to Section 9 (c) of the National. Labor Relations Act, .49 Stat. 449, herein called the Act. On June 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 June 13, 1941, the Com- pany, the Union, and the Board entered into a "STIPULATION FOR CERTIFICATION ON CONSENT COMPARISON OF RECORDS." 33 N. L. R. B., No. 56. 227 4:0122-42-col. 33--1G 228 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD Pursuant to the stipulation, a pay-roll check 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 super- vision of the Regional Director, to determine the number of em- ployees in the police department of the Company exclusive of super- visors who designated the Union as their bargaining agency. On June 18, 1941, the Regional Director, acting pursuant to the stipula- tion, issued and duly served upon the parties his Report on Results of Investigation by Inspection of Records. No objections to said Re- port 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 eleven (11) out of sixteen (16) eligible employees authorized the Union to represent them for purposes of collective bargaining with the Company with -respect to rates of pay, wages, hours of employ- mont, and other conditions of employment. Upon the basis of the stipulation, the Report on Results of Investi- gation by an 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- sentationof employees of Westinghouse Electric and Manufacturing Company (Radio Division), Baltimore, Maryland, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees in the police department of the, Company exclusive of super-visors constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 3. United Electrical, Radio and Machine Workers of America,. Local #130, has been designated and selected by a majority of the em- ployees in the above unit as 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, WESTINGITOU8E ELECTRIC AND MANUFACTURING COMPANY 229 IT IS HEREBY CERTIFIED that United. Electrical, Radio and Machine Workers of America, Local #130, has been., designated and selected by a majority of the employees in the police department of Westing- house Electric and Manufacturing Company (Radio Division), Bal- timore, Maryland, exclusive of supervisors, as their representative for the purposes of collective bargaining, and that pursuant to the pro- visions- of Section 9 (a) of the Act, United Electrical, Radio and Machine Workers of America, Local #130, is the exclusive representa- tive 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;