Westinghouse Electric and Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 16, 1942

44 N.L.R.B. 59 (N.L.R.B. 1942)

In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING COM-
PANY (LOUISVILLE ORDNANCE DIVISION) and OFFICE EMPLOYES AND
CLERICAL WORKERS UNION #22906 , AFFILIATED WITH THE AMERICAN
FEDERATION OF LABOR
Case No. R-42419.-Decided September 16, 194
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Philip G. Phillips, for the Board.
Mr. J. R. Weaver, of Louisville, Ky., for the Company.
Mr. C. E. Hydes, of Louisville, Ky., for the Union.
Mr. J. Benson Saks, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 6, 1942, Office Employes and Clerical Workers Union
#22906, affiliated with the American Federation of Labor, herein
called the Union, 'filed -with the Regional Director for the Ninth
Region (Cincinnati, Ohio) a petition alleging that a' question affect-
ing commerce had arisen concerning the representation of employes
of Westinghouse Electric and Manufacturing Company, Louisville
Ordnance Division, herein called the Company, engaged in the manu-
facture and assembly of armament equipment for the United States
Navy at Louisville, Kentucky, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
August 13, 1942, the Company, the Union, and the Regional Director
entered into a "STIPULATION FOR CERTIFICATION ON CON-
SENT ELECTION." On August 17, 1942, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act, 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.
44 N. L. R. B, No 7.
59
60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation , an election by secret ballot was con-
ducted on August 25 , 1942, under the direction and supervision of
the Regional Director, among all office and clerical employees enn-
ployed at the Company 's Louisville , Kentucky , U. S. Naval Ordnance
Plant, including those temporarily absent for illness, military service,.
or other cause , but excluding Protection Department . employees, In-
spection Department employees , Time Study employees, Private Sec-
retaries , Blueprint Room employees , Payroll clerks, and supervisors.
and those who have the right to hire or fire, to determine .whether
or not they desire to be represented by the Union. On August. 27,
1942, the Regional Director issued and duly served upon ' the parties
his Election Report on the ballot. No objections to-the conduct of
the ballot or the Election Report have been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the ballot and its results:
Total on eligibility list-------------------------- -- 18;
Total ballots east--------------------- ------ 123
Total ballots challenged----------------------------------- 0
Total blank ballots---------------------------------------- 0
Total void ballots--------------------
Total valid votes counted --------------------------------- 123
Votes cast for OFFICE EMPLOYES AND CLERICAL
WORKERS UNION #22906. (A F of L) --------------- 74
Votes cast against OFFICE EMPLOYES AND CLERICAL
WORKERS UNION #22906, (A F of L.) ---------------- 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 Western Electric and Manufacturing Com-
pany, Louisville Ordnance Division, Louisville, Kentucky, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All office and clerical employees employed at the Company's
Louisville, Kentucky, U. S. Naval Ordnance Plant, excluding Pro-
tection Department employees, Inspection Department employees,
Time Study emj^loyees, Private Secretaries, Blueprint Room em
ployees, Payroll clerks, supervisors, and those who have the right to
hire or fire, constitute a unit appropriate for the purposes of collec-
tive bd gauming, within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. Office Employes,and Clerical Workers Union #22906, affiliated
with the American Federation of Labor, has been designated and
selected by a majority of the employees in the above unit as their
1
GRIFFIN MANUFACTURING CO. 61
representative for the purposes of collective bargaining, and is the
exclusive representative of all employees in said unit, within the mean-
ing 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 Rela-
tions Act,
IT Is HEREBY CERTIFIED that Office Employees and Clerical Workers
Union # 22906, affiliated with the American Federation of Labor,
has been designated and selected by a majority of all office and cleri-
cal employees of Westinghouse Electric and Manufacturing Company
employed at its Louisville, Kentucky, U. S. Naval Ordnance Plant
excluding Protection Department employees, Inspection Department
employees, Time Study employees, Private Secretaries, Blueprint
Room employees, Payroll clerks, supervisors, and those who haie the
right to hire or fire, as their representative for the purposes of col-
lective bargaining, and that, pursuant to Section 9 (a) of the Act,
Office Employes and Clerical Workers Union #22906, affiliated with
the American Federation of Labor, 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 con-
ditions of employment.