Westinghouse Electric and Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 8, 1942

42 N.L.R.B. 1341 (N.L.R.B. 1942)

0
In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING
COMPANY, ( BUFFALO MANUFACTURING AND REPAIR DIVISION) and
UNITED ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA,
LOCAL 315, C. I. 0 '
Case No R-4094-Decided August 8, 1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election
Mr Henry J Winters, for the Board.
Mr. William E. Miller of Buffalo, N Y , for the Company,
Mr Almond J Clough, of Buffalo, N Y., for the C. I 0
Mr Mozart G Ratner, of counsel to the Board
DECISION,
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by the United Electrical, Radio and Ma-
chine Workers of America, Local 315, affiliated with the Congress
of Industrial Organizations, herein called the C I 0, alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of the Westinghouse Electric 'and Manu-
facturing Company, Buffalo Manufacturing and Repair Division,
Buffalo, New York, herein called the Company, engaged in Buffalo,
New York, in the maintenance and repair of electrical apparatus and
equipment, the National Labor Relations Board provided for an
appropriate hearing upon due notice. On July 10, 1942, before a
hearing was held, the Company, the C I 0, and the Regional
Director for the Third Region (Buffalo, New York), entered into a
"stipulation upon certification of a consent election "
Pursuant to the stipulation, an election by secret ballot was con-
ducted on July 9, 1942, under the direction and supervision of the
Regional Director, among all production and maintenance employees
employed by the Company at its Buffalo Manufacturing and Repair
Division, Buffalo, New York, plant, including watchmen and jani-
tors but excluding all supervisory employees, foremen and assistant
42 N L R B, No 244
1341
O
1342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
foremen, clerical and confidential employees, guards, engineers, and
draftsmen, and group leaders the majority of whose time is spent
in supervision, to determine whether or not they desired to be repre-
sented by the C. I O. for the purposes of collective bargaining. On
July 14, the Regional Director issued and duly served upon the par-
ties an Election Report upon the ballot No exceptions to the con-
duct of the ballot or to the Election Report have been filed by any
of the parties.
As to the balloting and its results, the Regional Director reported
as follows
Total on eligibility list--------------------------------- --- 150
Total ballots cast ------------------------------------ -_ --- 119
Total ballots challenged----------------------------- - ---- 0
Total blank ballots----------------------------------- --- 0
Total void ballots----------------------------------------- 0
Total valid votes counted---------------------------------- 119
Votes cast for United Electrical, Radio and Machine Woikers
of Ameiica, Local 315, C I 0------------------------------ 70
Votes cast against United Electiical, Radio and Machine
Workers of Ameiica, Local 315, C I 0---------------------- 49
Upon the basis of the stipulation, the Election Report, 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, Buffalo Manufacturing and Repair Division, Buffalo, New
York, 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 employed by the
Company at its Buffalo Maintenance and Repair Division, Buffalo,
New York, including watchmen and j anitois, but excluding all super-
visory employees, foremen and assistant foremen, clerical and confi-
dential employees, guards, engineers, and draftsmen, and group lead-
ers the majority of whose time is spent in supervision, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act
3 United Electrical, Radio and Machine Workers of America,
Local 315, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of the employees in
the above unit as their representative for the purposes of collective
bargaining and is the exclusive representative of all employees in
said unit within the meaning of Section 9 (a) of the Act
WESTINGHOUSE ELECTRIC AND MANUFACTURING COMPANY 1343
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9, (c) of the N itional Labor
Relations Act,
IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine
Woikers of America, Local 315, affiliated with the Congress of
Industrial Oiganizations, has been designated and selected by a
majority of all production and maintenance employees employed
by the Westinghouse Electric and Manufacturing Company at its
Buffalo Maintenance and Repair Division, Buffalo, New York, in-
cluding watchmen and janitors, but excluding all supervisory em-
ployees, foremen and assistant foremen, clerical and confidential
employees, guards, engineers, and draftsmen, and group leaders the
majority of whose time is spent in supervision, as their representa-
tive for the purposes of collective bargaining and that, pursuant to
Section 9 (a) of the Act, United Electrical, Radio and Machine Work-
ers of America, Local 315, affiliated with the Congress of Industrial
Organizations, is the exclusive representative of all such employees
for the purposes of collective bargaining with respect to rates of
pay, wages, hours of employment, and other conditions of em-
ployment
MR Wig M LEISERSON took no part in the consideration of the
above Decision and Certification of Representatives.