Westinghouse Electric and Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 12, 1941

30 N.L.R.B. 1146 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING COM-
PANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS;
LOCAL UNION No. 202
Case No. R-0414-Decided April 12, 1941
Jurisdiction : electrical equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question-. con-
flicting claims of rival representatives; pay roll agreed to by parties directed
to be -used ; election necessary.
Unit Appropriate for Collective Bargaining : all production, maintenance, serv-
ice, and warehouse employees, including group leaders, excluding executives,
supervisors, foremen, draftsmen, design engineers, and clerical workers; agree-
ment as to.
Mr. David Livingston, of San Francisco, Calif., for the Company.
Mr. Marvin L. Larsen, of San' Francisco , Calif., for the Brotherhood.
Mr. Harold M. Sawyer, of, San Francisco , Calif., for the United.
Mr. Frederic B. Parks, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 27,1941, International Brotherhood of Electrical Work-
ers, Local Union No. 202, herein called the Brotherhood, filed with the
Regional Director for the Twentieth Region (San Francisco, Califor-
nia) a petition alleging that a question affecting commerce had arisen
concerning the representation of employees at the Powell Street plant
of Westinghouse Electric and Mar ufacturing Company, Emeryville,
California, herein called the Company, and requesting 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
March 12, 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 Re-
gional Director to conduct it and to provide for an appropriate hearing
upon due notice. ,
On March 18, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Brotherhood,
30 N. L R B., No. 159.
1146
WESTINGHOUSE ELECTRIC & MANIUFACTURING CO. 1147
and United Electrical, Radio & Machine Workers of America, Local
1412, herein called the United, a labor organization claiming to repre-
sent employees directly affected by the investigation. Pursuant to
notice a hearing was held on March 24,1941, at San Francisco, Cali-
fornia, before John T. McTernan, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company, the United, and they
Brotherhood were represented by counsel or official representatives and
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues was afforded all parties. No objections to the introduc-
tion of evidence or to the rulings of the Trial Examiner were made by
any of the parties. The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are-hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Westinghouse Electric and Manufacturing Company is a Pennsyl-
vania corporation having its principal office at East Pittsburgh, Penn-
sylvania. The Company maintains, among its several manufacturing
units throughout the United States, the plant herein involved, located
at'1466 Powell Street, Emeryville, California, where the Company is
engaged in the manufacture, distribution, and sale of electrical, equip-
ment. During 1940, the Company received for use in its operations
at the Powell'Street plant materials and equipment valued at $1,015,000,
of which approximately 95 per cent were shipped from points outside
the State of California. During 1940, the Company sold and shipped
from the Powell Street plant manufactured electrical equipment valued
at $2,538,227, of which approximately 25 per cent was sold and shipped
to points outside of the State of California. The Company employs
a total of 420 employees at the Powell Street plant. -
II. iTHE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local Union No.
202, is a labor organization, affiliated with the American Federation of
Labor, admitting employees ?f the Company to membership.
United Electrical, Radio and Machine Workers of America, Local
1412, is a labor organization, affiliated with the Congress of Industrial
Organizations, admitting employees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
The Brotherhood requested the Company to recognize it as exclusive
representative of the Company's employees at the Powell Street plant.
1148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The United made a similar request. The Company refused to recog-
nize either the Brotherhood or the United until the representatives
of those employees had been determined by the Board. A, statement
of the Regional Director, introduced in evidence at the hearing, shows
that both the Brotherhood and the United represent a substantial
number of employees in the unit alleged to be appropriate?
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce. ' ,
V. THE APPROPRIATE UNIT
The Brotherhood, the United, and the Company agreed 'at the -hear-
ing and we find that all production, maintenance, service, and ware-
house employees, including group.leaders, at the Company's Powell
Street plant, excluding executives, supervisors, foremen, draftsmen,
design engineers, and clerical workers, constitute a unit appropriate
for the purposes of collective bargaining. We further find 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
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning represen-
tation can best be resolved by, and we shall accordingly direct, an elec-
tion by secret ballot. The Brotherhood, the United, and the Company
agree that eligibility of employees to vote should be determined by
the Company's pay roll of February 1, 1941, introduced in evidence.
We find no reason to depart from the agreement of the parties and shall
direct that those employees in the appropriate unit whose names ap-
pear on the Company's pay roll of February 1, 1941, subject to such
limitations and additions as are set forth' in the Direction shall be
eligible to vote in the election.
I The Regional Director ' s statement shows that 141 employees whose names appear on
the Company's pay roll of February 1, 1941, have signed application cards in the Brother-
hood and 148 such employees have signed in the United There are approximately 335
employees in the appropriate unit.
WESTINGHOUSE ELECTRIC & MANUFACTURING CO. 1149
Upon the basis of the above findings of fact and upon the entire rec-
ord in the case, the Board makes thed ollowing:
CONCLUSIONS OF LAW
1I
1. A question affecting commerce has arisen concerning the repre-
sentation of employees ' of Westinghouse Electric and Manufacturing
Company (Powell Street Plant), Emeryville, California, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All production, maintenance, service, and warehouse employees,
including group leaders, at the Company's Powell Street plant, exclud-
ing executives, supervisors, foremen, draftsmen, design engineers, and
clerical workers, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
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 Relations 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 determine representatives for the purposes of collective bargaining
with Westinghouse Electric and Manufacturing Company (Powell
Street Plant), Emeryville, California, an election by secret ballot shall
be conducted as soon as possible but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Twentieth Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Section 9, of said Rules and ,Regulations, among all pro-
duction, maintenance, service, and warehouse employees of Westing-
house Electric and Manufacturing-Company, Emeryville, California,
at its Powell Street plant, including group leaders, whose names ap-
pear on the Company's pay roll of February 1, 1941, including em-
ployees 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 excluding executives,
supervisors, foremen, draftsmen, design engineers, and clerical work-
ers, and any employees who have since quit or been discharged for cause,
to determine whether they desire to be represented by International
Brotherhood of Electrical Workers, Local Union No. 202, or by United
Electrical, Radio and Machine Workers of America, Local 1412, for
the purposes of collective bargaining, or by neither.