Westinghouse Electric and Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 9, 1941

33 N.L.R.B. 227 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE ELECTRIC AND MANUFACTURING COM-
PANY (RADIO DIVISION) and UNITED ELECTRICAL, RADIO AND MACHINE
WORKERS OF AMERICA, LOCAL #130
Case No. R40656.-Decided July 9,1941
Investigation and Certification of Representatives : stipulation for certification
on consent comparison of records. -
Mr. William M. Aicher, for the Board.
Mr. Walter Evans, of Baltimore, Md , for the Company.
.Mr. Jolin A. Green, of Baltimore, Md.; for the' Union.
Mr. Bertram Diamond, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 8, 1941, United Electrical, Radio and Machine Workers of
America, Local #130, herein called the Union,.filed with the Regional
Director for the Fifth Region (Baltimore; Maryland), a' petition al-
leging that a question affecting commerce had arisen concerning the
representation of employees of Westinghouse Electric 'and Manu-
facturing Company (Radio Division), herein. called the Company,
engaged in the manufacture and distribution of radio and related
signalling equipment at Baltimore, Maryland, and requesting an in-
vestigation and certification of representatives pursuant to Section 9
(c) of the National. Labor Relations Act, .49 Stat. 449, herein called
the Act. On June 10, 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 due notice. On June 13, 1941, the Com-
pany, the Union, and the Board entered into a "STIPULATION
FOR CERTIFICATION ON CONSENT COMPARISON OF
RECORDS."
33 N. L. R. B., No. 56.
227
4:0122-42-col. 33--1G
228 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
Pursuant to the stipulation, a pay-roll check by comparison of
union designations with the pay roll of the Company for the period
ending May 9, 1941, was made on June 17, 1941, under the super-
vision of the Regional Director, to determine the number of em-
ployees in the police department of the Company exclusive of super-
visors who designated the Union as their bargaining agency. On
June 18, 1941, the Regional Director, acting pursuant to the stipula-
tion, issued and duly served upon the parties his Report on Results
of Investigation by Inspection of Records. No objections to said Re-
port have been filed by any of the parties.
In his Report, the Regional Director reported that comparison of
the union designations with the pay roll of the Company showed that
eleven (11) out of sixteen (16) eligible employees authorized the
Union to represent them for purposes of collective bargaining with
the Company with -respect to rates of pay, wages, hours of employ-
mont, and other conditions of employment.
Upon the basis of the stipulation, the Report on Results of Investi-
gation by an 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-
sentationof employees of Westinghouse Electric and Manufacturing
Company (Radio Division), Baltimore, Maryland, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All employees in the police department of the, Company exclusive
of super-visors constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. United Electrical, Radio and Machine Workers of America,.
Local #130, has been designated and selected by a majority of the em-
ployees in the above unit as their representative 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 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,
WESTINGITOU8E ELECTRIC AND MANUFACTURING COMPANY 229
IT IS HEREBY CERTIFIED that United. Electrical, Radio and Machine
Workers of America, Local #130, has been., designated and selected
by a majority of the employees in the police department of Westing-
house Electric and Manufacturing Company (Radio Division), Bal-
timore, Maryland, exclusive of supervisors, as their representative for
the purposes of collective bargaining, and that pursuant to the pro-
visions- of Section 9 (a) of the Act, United Electrical, Radio and
Machine Workers of America, Local #130, is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of, employment, and other
conditions of employment;