Westinghouse Airbrake Co.

National Labor Relations Board - Board Decisions

Jul 15, 1942

42 N.L.R.B. 525 (N.L.R.B. 1942)

In the Matter Of WESTINGHOUSE AIRBRAKE COMPANY and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL
No 610
Case No 8-3958 -Decided July 15, 194
Jurisdiction aiibiake equipment manufacturing industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition , election necessary
Unit Appropriate for Collective Bargaining : watchmen and patrolmen, com-
prising plant protection force of Company, held to constitute an appropriate
unit despite Company's contention that such employees should not constitute
an appropriate unit, since being engaged in confidential and supervisory duties
they were instruments of management, and that if they did constitute an
appropriate unit, they should not be iepreaented by petitioner which was
certified as representative of its production and maintenance employees, be-
cause in such case the loyalties of these employees would be divided
Thorp, Bostwick, Reed di Armstrong, by Mr. Donald W. Ebbert,
of Pittsburgh, Pa., for the Company.
Mr Albert Smith, of Wilmerding, Pa, for the United
Mr Charles W Schneider, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, Local No 610, herein called the United, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Westinghouse Alrbrake Company, Wil-
merding, Pennsylvania, herein called the Company, the National La-
bor Relations Board provided for an appropiiate hearing upon due
notice before Henry Shore, Trial Examiner Said hearing was held
at Pittsburgh, Pennsylvania, on June 23, 1942 The Company and
the United appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
On July 7, 1942, the Company filed a brief, which the Board has
considered 1
Upon the entire record in the case, the Board makes the following:
1 On July 9 the Company filed a request to correct the record in certain particulars The
United indicates that it has no objection to the proposed correction it is therefore ordered
that the record be corrected in accordance with the Company's request
42 N L R B, No 107
525
526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Westinghouse Airbrake Company is a Pennsylvania corporation
having its principal office and plant at Wilmerding, Pennsylvania,
and maintaining sales and service offices in various cities throughout
the United States.
The Company is engaged in the manufacture, sale, and distribution
of airbrake equipment for steam railroads, electric railways, trucks
and buses, and related products During the year 1941 the Company
used raw materials valued at more than $10,000,000, of which approxi-
mately 60 percent was received from souices outside the State of
Pennsylvania During the same period the Company sold products
valued at more than $40,000,000, of which approximately 70 percent
was shipped to points outside the State of Pennsylvania. The Com-
pany stipulated that, for the purposes of this proceeding, it is subject
to the jurisdiction of the Board. _
II THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local No.
610, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III THE QUESTION CONCERNING PEPRESENTATION
On February 26, 1942, the United requested recognition as collective
bargaining representative of the Company's watchmen and patrolmen
On March 14, the Company declined such recognition
A report of the Acting Regional Directoi, intioduced into evidence
at the hearing, indicates that the United repiesents a substantial
number of employees within the unit which we hereinafter find to be
appropriate 2
We find that a question affecting commei ce has arisen concei ning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Laboi
Relations Act
IV TIIE_APPROPRIATE UNIT
The United contends that watchmen and patrolmen, excluding
supervisory employees, constitute an appropiiate unit The Company
2 The United submitted to the Acting Regional Director 45 application for membership
cards dated in February and March 1942 Forty-two of the cards bore apparently genuine
original signatures , of which 38 were the names of persons on the Company 's May 1,
1942, pay roll , listing 51 employees in the appropriate unit -
WESTINGHOUSE AIRBRAKE COMPANY 527
contends that such employees are engaged m confidential, and, in
some respects, supervisory duties, ale instruments of management,
and do not constitute an appropriate unit It further contends that
if watchmen and patrolmen do constitute an appropriate unit, they
ought not to be represented by the same union as the production and
maintenance employees, because in such case their loyalties would be
divided The production and maintenance group is presently repre-
sented by the United under a contract with the Company
The watchmen and patrolmen are a plant protection force. Their
duties consist of guarding the Company property and premises against
fire, theft,- and sabotage, and in enforcing safety and disciplinary
rules They generally carry arms, although watchmen occasionally
may not; have police commissions, and power to make arrests
The force has authority to prevent violations of Company rules,
either by employees or others Watchmen and patrolmen do not,
however, recommend disciplinary action When the offender is an
employee, the facts are reportdd to the employee's supervisor. There
the watchman's or patrolman's authority ceases
Occasionally a production employee may be transferred to the
plant-protection force but that does not appear to be common.
Applicants for jobs on the force are subjected to more searching
investigation than production employees They are required to give
references, and, according to the Company, their character and past
are thoroughly investigated
On this record, and in view of our previous decisions, we are of
the opinion that the watchmen and patrolmen constitute an appro-
priate unit a -
The parties stipulated that the chief, assistant chief, lieutenants,
and assistants to lieutenants, occupy supervisory positions with re-
spect to watchmen and _patrolmen, and have either authority to hire
and discharge or to recommend disciplinary- action There will
therefore be excluded from the unit
We find that watchmen and patrolmen, excluding supervisory
employees, the chief, assistant chief, lieutenants, and assistants to
lieutenants, constitute a unit appropiiate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
3Matter of Phelps Dodge Copper Products Coip and United Electrical, Radio d Machine
Workers of Aoneseea, Local No 1,41, affiliated with the Congress of Industrial organizations,
41 N L R B 973
528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in'
the Direction
DIRECTION OF ELECTION
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, 49 Stat 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Boaid Rules and Regulations-Seiies 2,
as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Westinghouse
Airbrake Company, Wilmerding, 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 of Election, under the
direction and supervision of the Regional Director for the Sixth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among the employees of the Company in the unit
found to be appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election, including 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 tempo-
rarily laid off, but excluding-any who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented for the purposes of collective bargaining by United
Electrical, Radio & Machine Workers of America, Local No 610,
affiliated with the Congress of Industrial Organizations
MR GERARD D REILLY took no part in the consideration of the
above Decision and Direction of Election