Westinghouse Electric & Manufacturing Co.

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING CO., WESTINGHOUSE X-RAY DIVISION and WESTINGHOUSE X-RAY Divi- SION SALARIED EMPLOYEES ASSOCIATION Case No. R-3000.Decided October 14, 1941 Jurisdiction : X-ray apparatus manufacturing industry. Investigation and Certification of Representatives : existence of question: Com- pany refused to. accord union recognition until certified by the Board; election unnecessary to resolve question; authorization cards checked with current pay-roll ; Company agreeable to certification upon the record. Unit Appropriate for Collective Bargaining : employees attached to district sales office of the Company excluding salesmen and employees having the right to hire and discharge ; agreement as to. Mr. C. A. Reinwald, of New York City, and Mr. E. J. Fox, of Long Island City, N. Y., for the Company. Mr. C. E. Lovett, of Hollis, N. Y., and Mr. George E. Chapman, of Teaneck, N. J., for the Union. Mr. Robert S. Fousek, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On July 11, 1941, Westinghouse X-Ray Division Salaried Em- ployees Association, herein called the Union, filed with the Regional Director for the Second Region (New York City) appetition alleging that a question affecting commerce had arisen concerning the represen- tation of employees of Westinghouse Electric & Manufacturing Co., Westinghouse X-Ray Division, New York City, herein called the Company, 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 August 4, 1941, the National Labor-Relations Board, herein called the Board, acting pur- suant 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 36 N. L. R. B., No. 18. 120 WESTINGHOUSE ELECTRIC & MANUFACTURING CO. 121 upon due notice. On September 5, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Com- pany and the Union. Pursuant to notice, a hearing was held on September 12, 1941, at New York City, before Christopher W. Hoey, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel or other official representatives and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made no rulings on motions or on objections to the admission of evidence. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The parties stipulated that the business of the Company was sub- stantially that found by the Board in a prior case.' In that case, the Board found the Company to be a Pennsylvania corporation, operating the Long Island X-ray plant. It is engaged in the manu- facture, sale, and distribution of X-ray apparatus and related products. During the year 1940, the Company purchased raw ma- terials for use at its Long Island X-ray plant in the value of over $500,000, of which approximately 60 per cent was purchased and shipped to it from points outside the State of New York. During the same period, the Company manufactured at its Long Island plant finished products valued at more than $2,000,000, of which approxi- mately 80 per cent was sold and shipped to points outside the State of New York. This proceeding is concerned only with the employees in the New York district sales office of.the Company located at 173 East 87th Street, New York City. IT. THE ORGANIZATION INVOLVED Westinghouse X-Ray Division Salaried Employees Association is an unaffiliated labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During the week of June 15, 1941, the Union requested the Com- pany for recognition as the bargaining representative of employees 'Matter of Westinghouse Electric & Manufacturing Co., Westinghouse X-Ray Division and Local 1207 of the United Electrical, Radio & Machine Workers of America, C. I. 0., 32 N. L. R. B., No. 95. 122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the alleged appropriate unit. The Company refused to recognize the Union until such time as the Union should be certified by the, Board. A statement of the Regional Director introduced in evidence at the hearing discloses that the Union represents a majority of the employees in the unit 'hereinafter found to be appropriate for the purposes of collective bargaining.2 We 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 operation 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 parties agree, and we find, that all employees attached to the district sales office of the Company located at 173 East 87th Street, New York City, excluding salesmen and employees having the right to hire and discharge, constitute a unit appropriate for the purposes of collective bargaining. We find, further, that such unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise will effectu- ate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing the parties checked the authorization cards with the current pay roll of the Company and agreed that the Union had submitted 16 authentic cards covering all but 1 employee in the ap- propriate unit. The Company stated its willingness to have the Board certify the Union without an election. We find that the Union has been designated and selected by a majority of the employees in the unit herein found to be appropriate as their representative for the purposes of collective bargaining. The Union is, therefore, the exclusive representative of all employees in such unit for the purposes of collective bargaining and we shall so certify. 2 Evidence submitted to the Regional Director consisted of 17 signed authorization cards bearing apparently genuine signatures , 16 of which were dated in June and July 1941. All the 17 signatures were those of persons who are on the Company 's pay roll of July 17, 1941. There are approximately . 17 persons in the alleged appropriate unit. WESTINGHOUSE ELECTRIC & MANUFACTURTN( CO. 123 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 repre- sentation of employees of Westinghouse Electric & Manufacturing Co., Westinghouse X-Ray Division, New York City, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees attached to the district sales office of the Com- pany, located at 173 East 87th Street, New York City, excluding salesmen and employees having the right to hire and discharge,. constitute a unit appropriate for the purposes of collective bargain- ing, within the meaning of ' Section .9 (b) of the National Labor Relations Act. 3. Westinghouse X-Ray Division Salaried Employees Association is the exclusive representative of all the employees in such unit for the purposes of collective bargaining, 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, 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 Westinghouse X-Ray Division Salaried Employees Association has been designated and selected by a ma- jority of all the employees attached to the district sales office of the Westinghouse Electric & Manufacturing Co., Westinghouse X-Ray Division, located at 173 East 87th Street, New York City, excluding salesmen and employees having the right to hire and discharge, as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the Act, Westinghouse X-Ray Divi- sion Salaried Employees Association 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 condi- tions of employment. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Certification of Representatives.