Westinghouse Electric and Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING COM- PANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION B-1161, A. F. L. Case No. B-3063.-Decided October 17, 1941 Investigation and Certification of Representatives : stipulation for certification of representatives on consent comparison of records. Mr. Jack Davis, for the Board. Mr. A. D. Hunt, of Philadelphia, Pa., for the Company. Mr. Lloyd P. Ritter, of Philadelphia, Pa., for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On August 26, 1941, and September 11, 1941, respectively, Inter- national Brotherhood of Electrical Workers, Local Union B-1161, A. F. L., herein called the Union, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Westinghouse Electric and Manufacturing Company, herein called the Company, engaged in the manufacture, sale and distribution of switchboards, panel boards, motor-control equipment, and switchgears at Phila- delphia, Pennsylvania, and requesting an investigation and certifica- tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On Sep- tember 19, 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 Regula- tions-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 September 11, 1941, the Company, the Union, and an attorney for the Board, entered into a "STIPULA- TION FOR CERTIFICATION OF REPRESENTATIVE ON CONSENT COMPARISON OF RECORDS." 36 N. L. R. B., No. 40. 222 WESTINGHOUSE ELECTRIC AND MANUFACTURING COMPANY 223 Pursuant to the Stipulation, the Regional Director. checked the authorization and membership records of the Union against. the Company's pay roll of August 27, 1941, to determine the number of draftsmen, office and clerical workers employed at the Philadelphia switchboard plant of, the Company excluding the switchboard man- ager, the switchboard superintendent, the supervisor of engineering activities, the time and motion supervisor, the panel-board supervisor, the switchboard supervisor, and the foreman, who designated the Union as their bargaining agent. On September 20, 1941, the Regional Director acting pursuant to the Stipulation, issued and duly served upon the parties his Report on Consent Comparison of Records. No objections to said report have been filed by any of the parties. In his report the Regional Director stated that 31 of the 34 em- ployees in the unit involved had designated the Union as their rep- resentative for the purposes of collective bargaining. Upon the basis of the Stipulation, the Report on Consent Com- parison 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 rep- resentation of employees of Westinghouse Electric and Manufactur- ing Company, Philadelphia, Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All draftsmen, office and clerical workers at the Philadelphia switchboard plant of the Company, excluding the switchboard man- ager, the switchboard superintendent, the supervisor of engineering activities, the time and motion supervisor, the panel-board supervisor, the switchboard supervisor, and the foreman, constitute a unit appro- priate 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 Union B-1161, A. F. L., has been designated and selected by a majority of the employees in the above unit as their representative for the pur- poses 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 Relations Act, 224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS HEREBY CERTIFIED that International Brotherhood of Electrical Workers, Local Union B-1161, A. F. L., has been designated and selected by a majority of the draftsmen, office and clerical workers, at the Philadelphia switchboard plant of Westinghouse Electric and Manufacturing Company, excluding the switchboard manager, the switchboard superintendent, the supervisor of engineering activities, the time and motion supervisor, the panel-board supervisor, the switchboard supervisor, and the foreman, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, International Brotherhood of Electrical Workers, Local Union B-1161, A. F. L., 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. MR. GERARD D. REi.LY took no part in the consideration of the above Decision and Certification of Representatives.