Westinghouse Electric & Manufacturing Co.

Ill the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 202, AFFILIATED WITH THE C. I. O. Case No. R-3431.-Decided January 12, 1942 Investigation and Certification of Representatives : stiiiulation,for certification on consent comparison of records. Mr. A. Howard Myers, for the Board. Mr. T. O. Armstrong, of Springfield, Mass., for the Company. Mr. Julius C.•A'lmeida, of Springfield, Mass., for the Union. Mr. Robert E. Tillman, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CA SE On October 3 and 18, 1941, respectively, United Electrical, Radio and Machine Workers of America, Local 202, (C. I. 0.), herein called the Union, filed with the Regional Director for the First Region (Bos- ton, Massachusetts) a petition and amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Westinghouse Electric & Manufacturing Company, Pittsburgh, Pennsylvania, herein called the Company, at its plant lo- cated at Springfield, Massachusetts, where the Company is engaged in the manufacture of refrigerating and air conditioning apparatus, commercial coolers, fans and motored appliances, and materials for defense. The petitions requested an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 4, 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 clue notice. On December 3, 1941, the Company, the Union, and the 38 N. L R B., No. 46. 178 WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 179 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 membership-application cards with the pay moll of the company for the period ending September 26, 1941, was made under the supervision of the Regional Director to determine the number of clerical employees employed by the Company at its plant at Springfield, Massachusetts, including draftsmen but excluding exec- utives, supervisors, technical and service engineers, confidential secre- taries, confidential pay-roll and savings clerks, nurses, and police, who designated the Union as their bargaining agency. On December 23, 1941, the Regional Director, acting pursuant to the stipulation, issued and duly served upon the parties his Report on Results of Comparison by Inspection of Records. No objections to the report have been filed by any of the parties. In his report the Regional Director reported that the comparison of the union membership-application cards with the pay- roll of the Company showed that 144 out of 245 eligible employees authorized the Union to represent them for the purposes of collective bargaining with the Company with respect to rates of pay, wages, hours of work, and other conditions of employment. 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 & Manufacturing Company, Pittsburgh, Pennsylvania, at its plant located at Spring- field, Massachusetts, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All clerical employees of the Springfield Plant of the Company including draftsmen, but excluding executives, supervisors, technical and service engineers, confidential secretaries, confidential pay-roll and savings clerks, nurses, and police, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act. 3. United Electrical, Radio and Machine Workers of America, Local 202, affiliated with the C. I. 0., has been designated and selected by a majority of the employees in the above unit as their representa- tive 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 Act. 180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, IT IS HEREBY CERTIFIED that United Electrical , Radio and Machine Workers of America, Local 202, affiliated with the C. I. 0., has been designated and selected by ,a majority of the clerical employees of the Springfield Plant of the Westinghouse Electric , & Manufacturing Company, including draftsmen, but excluding executives , supervisors,. technical , and service engineers, confidential secretaries , confidential pay-roll and savings clerks , nurses, and police, as their representative for the purposes of collective bargaining, and that pursuant to, the provisions of Section 9 (a) of the Act, United Electrical, Radio, and Machine Workers of America, Local 202,, affiliated with the C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates 'of pay, wages, hours,of em- ployment, and other conditions of employment.