Westinghouse Electric & Manufacturing Co.

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY and ASSOCIATION OF WESTINGHOUSE SALARIED EMPLOYEES Cases Nos. R-30,?8 and R-3029.-Decided October 90, 1941 Jurisdiction : electrical apparatus manufacturing industry. Investigation and Certification of Representatives : existence of questions- .stipulated; elections necessary. Units Appropriate for Collective Bargaining : separate units comprising: (1) all employees of the Central District Sales Main Office of the Company in Pittsburgh, Pennsylvania, including the sales department, engineering and service department, all treasury and accounting employees, and general service- employees employed in connection with the Central District Sales Main Office,. but excluding general headquarters employees, any employees of the above mentioned departments who are employed at the Homewood works, super- visory employees, and confidential secretaries to the principal managers; and (2) all employees in the' Research Department of the Company in East Pitts- burgh, Pennsylvania, including shops and maintenance department, draftsmen, clerical employees, and laboratory assistants, but excluding engineers, scientific research men, supervisors, and the confidential secretary to the director of research. Mr. William E. Miller, of Pittsburgh, Pa., for the Company. Mr. R. W. Allison, of Pittsburgh, Pa., for the Association. Mr. Marvin C. Wahl, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On September 5, 1941, Association of Westinghouse Salaried Em ployees, herein called the Association, filed with the Regional Director- for the Sixth Region (Pittsburgh, Pennsylvania) an amended peti- tion 1 alleging that •a question affecting commerce had arisen concern- ing the representation of the Central District Sales Main Office em- ployees of Westinghouse Electric & Manufacturing Company, Pitts- burgh, Pennsylvania, herein called the Company, and requesting an investigation and certification- of representatives pursuant to Section. 1 The original petition was filed on June 2, 1941. 36 N. L. R. B., No. 63. 339 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 5, 1941, the Association filed a similar amended petition,2 with the Regional Director concerning the repre- sentation of the Research Department employees of the Company at East Pittsburgh, Pennsylvania. On August 29, 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 in each case and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and, acting pursuant to Section 10 (c) (2) of said Rules and Regula- tions, further ordered that the cases be consolidated. On September 12, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Association. Pursuant to notice a hearing was held on September 18, 1941, at Pittsburgh, Pennsylvania, before Henry Shore, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the Association were represented by counsel and partici- pated in the hearing. Full opportunity 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 various rulings with respect to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer and finds that no prejudicial errors were made. The rulings are hereby affirmed. Upon the entire record in the case, the Board mades the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Westinghouse Electric & Manufacturing Company is a Pennsyl- vania corporation maintaining a Central District Sales Main Office at Pittsburgh, Pennsylvania, and a Research Department at East Pitts- burgh, Pennsylvania. It is engaged in the manufacture and sale of numerous forms of electrical apparatus for land, sea, and air opera- tion. The raw materials which the Company uses in filling its orders are secured from numerous States of the United States. During 1940, the total volume of sales of the Company amounted to over $239,- 000,000 representing shipments to practically every State of the United States and a number of foreign countries. At the Central District Sales Main Office the work is of a general office nature involving 2 In this case, too, the original petition was filed on June 2, 1941. WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 341 administrative, clerical, engineering, selling, and service functions. At the Research Department, the Company maintains a complete in- dustrial research laboratory. The work there involves technical engi- neering research with the necessary . supporting clerical and building services. The Company admits that "the Central District Sales Main Office and the Research Department are part- of the general activity of the Westinghouse Electric & . Manufacturing, Company and are subject to the jurisdiction of the Board." - II. THE ORGANIZATION INVOLVED Association of Westinghouse Salaried-Employees is a labor organ- ization admitting to membership salaried-employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION The. parties stipulated that questions concerning representation have arisen by reason of the fact that the Company will not recog- nize the Association as the exclusive bargaining representative of the employees in the claimed units until the Association is certified by the Board. Two reports prepared by the Regional Director - and intro- duced in evidence show that the Association represents a substantial number of employees in each of the units found below to be appropriate.8 We find that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. 8 The Regional Director reported that with respect to the claimed unit of the Central District Sales Main Office , the Association submitted 56 membership application cards, 21 of which were dated in 1939 , 8 in 1940, 23 in 1941, and 4 were undated . All of the cards bore signatures which appeared to be genuine . Forty-nine of the signatures corresponded to names which appeared on the Company 's August 20 , 1941, pay roll, which listed 143 employees in the claimed unit . With respect to the claimed unit in the Research Depart- ment of the Company, the petitioner submitted 33 membership application cards , 3 of which were dated in 1939 , 7 in 1940, iS in 1941, and 5 were undated . All bore signatures which appeared to be genuine . Twenty-nine of the signatures corresponded to names which appeared on the Company 's August 20, 1941, pay roll, which listed 56 employees in the claimed unit. N 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE APPROPRIATE UNITS A. The Central District Sales Main Office The Association contends that all employees of the Central District Sales Main Office of the Company in Pittsburgh, Pennsylvania, in- cluding the sales department, engineering and service department, all treasury and accounting employees, and general service employees em- ployed in connection with the Central District Sales Main Office, but excluding general headquarters employees, any employees of the above-mentioned departments who are employed at the Homewood Works, supervisory employees, and confidential secretaries to the principal managers, constitute an appropriate unit. The Company takes no position as to what constitutes an appropriate unit although it agrees that the confidential secretaries to the principal managers should be excluded. We find that all employees of the Central District Sales Main Office of the Company in Pittsburgh, Pennsylvania, including the sales de- partment, engineering and service department, all treasury and ac- counting employees, and general service employees employed in con- nection with the Central District Sales Main Office, but excluding gen- eral headquarters employees, any employees of the above-mentioned departments who are employed at the Homewood Works, supervisory employees, and confidential secretaries to the principal managers, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act.. B. The research department The Association contends that all employees in the Research De- partment of the Company in East Pittsburgh, Pennsylvania, includ- ing shops and maintenance department, draftsmen, clerical employees, and laboratory assistants, but excluding engineers, scientific research men, supervisors, and the confidential secretary to the,director of research, constitute an appropriate unit. The Company takes no posi- tion as to whether or not such a unit is appropriate although it agrees that the confidential secretary to the director of research should be excluded. We find that all employees in the Research Department of the Com- pany in East Pittsburgh, Pennsylvania, including shops and mainte- nance department, draftsmen, clerical employees, and laboratory as- sistants, but excluding engineers, scientific research men, supervisors, and the confidential secretary to the director of research, constitute WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 34A a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and other- wise will effectuate the policies of the Act. VI. TIID DETERMINATION OF REPRESENTATIVES We find that the questions which have arisen concerning represen- tation can best be resolved by elections by secret ballot. The parties desire that the Company's pay roll of August 20, 1941, be used to determine eligibility. We do not, however, find any compelling reason to depart from our usual practice and, accordingly, we shall direct that the employees of the Company eligible to vote in the elections shall be those in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections, subject to such limitations and additions as are set forth in the Direction. 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. Questions affecting commerce have arisen concerning the repre- sentation of employees of Westinghouse Electric & Manufacturing Company, Pittsburgh, Pennsylvania, within the meaning of Section 9 '(c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Central District Sales Main Office of the Company in Pittsburgh, Pennsylvania, including the sales depart- ment, engineering and service department, all treasury and account- ing employees, and general service employees employed in connection with the Central District Sales Main Office, but excluding general headquarters employees, any employees of the above-mentioned de- partments who are employed at the Homewood Works, supervisory employees, and confidential secretaries to the principal managers, 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. All employees' in the Research Department of the Company in East Pittsburgh, Pennsylvania, including shops and maintenance de- partment, draftsmen, clerical employees, and laboratory assistants, but excluding engineers, scientific research men, supervisors, and the confidential secretary to the director of research, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTIONS 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, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Westinghouse Electric & Manufacturing Company, Pittsburgh, Pennsylvania, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Direc- tor for the Sixth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among those employees of the Company who fall within each of the two groups hereinafter set forth who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Elections, in- cluding employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but exclud- ing employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by the Asso- ciation of Westinghouse Salaried Employees, for the purposes of collective bargaining : (a) All employees of the Central District Sales Main Office of the Company in Pittsburgh, Pennsylvania, including the sales de- partment, engineering and service department, all treasury and ac- counting employees, and general service employees employed in con- nection with the Central District Sales Main Office, but excluding general headquarters employees, any employees of the above-men- tioned departments who are employed at the' Homewood Works, supervisory employees, and confidential secretaries to the principal managers; (b) All employees in the Research Department of the Company in East Pittsburgh, Pennsylvania, including shops and maintenance department, draftsmen, clerical employees, and laboratory assistants, but excluding engineers, scientific research men, supervisors, and the confidential secretary to the director of research. Mr. GERARD D . REILLY took no part in the consideration of the above Decision and Direction of Elections. [SAME) Triw] AMENDMENT TO DIRECTION OF ELECTION November 11., 1911 On October 22, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding,1 the election to be held within thirty (30) days from the date of the Direction, under the direction and super- vision of the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania). The Board, having been advised by the Regional Director that a'longer period is necessary, hereby amends the Direc- tion of Election issued on October 22, 1941, by striking therefrom the words "not later than thirty (30) days from the date of this Direction" and substituting therefor the words "not later than fifty (50) days from the date of this Direction of Election." 1 36 N. L. R. B., No. 63. 36 N. L. R. B., No. 63a. In the Matter of SWIFT SPINNING MILLs and TBxTILE WORKERS ORGANIZING COMMITTEE Case No. R-457 ORDER PERMITTING WITHDRAWAL OF PETITION October 02, 1941 The Board having issued a Decision and Direction of Election, dated January 26, 1938,1 and an Amendment to Direction of Elec- tion, dated February 10, 1938,2 in the above-entitled case, and there- after, on October 9,1941, Textile.Workers Union of America, successor to the Textile Workers Organizing Committee, having requested per- mission to withdraw the petition for investigation and certification of representatives,-and the Board, on October 14, 1941, having given due notice that on October 21, 1941, or as soon thereafter as might be convenient, it would permit the withdrawal of the said petition, unless sufficient cause to the contrary should then appear, and no objec- tions having been filed with the Board, IT Is HEREBY ORDERED that the request of the petitioner for permis- sion to withdraw its petition be, and it hereby is, granted, and that the aforesaid case be, and it hereby is, closed. 14 N. L. R. B. 1143. 2 5 N. L. R. B. 205. 36 N. L. R. B., No. 64. 345