Westinghouse Electric and Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING COM- PANY (SOUTH BOSTON PLANT) and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LoCAL' B-1027 (A. F. L.) Case No. R-3042.-Decided October 17, 1941 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent comparison of records. Mr. A. Howard Myers, for the Board. Mr. J. R. McGilvray, of South Boston, Mass., for the Company. Mr. Walter J. Kenelck, of Springfield, Mass., for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On July 8, 1941, International Brotherhood of Electrical Workers, Local B-1027 (AFL), herein called the Union, filed' with the Regional Director for the First Region (Boston, Massachusetts) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Westinghouse Electric and Manufac- turing Company, South Boston Plant, herein called the Company, engaged in the manufacture and repair of electrical machinery and equipment at South Boston, Massachusetts, and requesting.an investi- gation and certification of representatives pursuant-to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 22, 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 August 27, the Company, the Union, and the Regional Director entered into a "Stipulation for Certification on Consent Comparison of Records." Pursuant to the stipulation a pay-roll check by comparison of union designations with the pay roll of the Company dated July 12, 1941, 36 N. L. R. B., No. 39. 219 220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD was made under the supervision of the Regional Director to deter- mine the number of production and maintenance employees, including draftsmen, employed at the Company's South Boston Plant, exclud- ing executives, supervisory employees, salaried office and engineering employees, and salaried technical employees, who designated the Union as their bargaining agent. On September 17, 1941, the Regional Director, acting pursuant to the stipulation issued and duly served upon the parties a Report On Results Of Comparison By Inspection Of Records. No objections to said report have been filed by any of the parties. In his report the Regional Director reported that the comparison of the union designations with the pay roll of the Company showed that 120 out of 126 employees in the unit had designated the Union as their representative for the purposes of collective bargaining with the Company. Of these persons, 119 were members of the Union in good standing. Upon the basis of the stipulation, the Report On Results Of Com- parison 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 (South Boston Plant) South Boston, Massachusetts, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees, including draftsmen, employed at the Company's South Boston Plant, excluding executives, supervisory employees, salaried office and engineering employees, and salaried technical employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 3. International Brotherhood of Electrical Workers, Local B-1027 (AFL) 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 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 Relations Act, 'WE'STINGHOUSE ELECTRIC AND MANUFACTURING COMPANY 221 IT Is HERESY CERTIFIED that International Brotherhood of Electrical Workers, Local B-1027 (AFL) has been designated and selected by a majority of the production and maintenance employees, including draftsmen, employed by Westinghouse Electric and Manufacturing Company at its South Boston Plant, excluding executives, supervisory employees, salaried office and engineering employees, and salaried technical employees, as their representative for the purposes of collec- tive bargaining, and that pursuant to the provisions of Section 9 (a) of the Act,. International Brotherhood of Electrical Workers, Local B-1027 (AFL) is 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. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Certification of Representatives.