Westinghouse Electric Corp.

National Labor Relations Board - Board Decisions

Sep 27, 1966

160 N.L.R.B. 1394 (N.L.R.B. 1966)

1394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Union, AFL-CIO, or other labor organization of our employees,
by discharging, laying off, suspending, or failing to reinstate or rehire, or
threatening to do so, any employee, or by otherwise discriminating or threaten-
ing to discriminate against any employee in regard to hire or tenure of
employment or any term or condition of employment, because he has joined
a union or engaged in lawful organizational activity or exercised any other
right guaranteed by the National Labor Relations Act, as amended.
WE WILL NOT in any other manner interfere with, restrain, or coerce
employees in the exercise of their rights guaranteed to them by Congress, to
self-organization , to form labor organizations , to join or assist any labor
organizations to bargain collectively through representatives of their own
choosing, to engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection; or to refrain from engaging in any
or all such activities.
All our employees are free to become, remain, or refrain from becoming or
remaining, members of United Automobile, Aerospace and Agricultural Implement
Workers (UAW), International Union, AFL-CIO, or any other labor organization.
TRAILMOBILE DIVISION, PULLMAN INCORPORATED,
Employer.
Dated------------------- By-------------------------------------------
(Representative ) ( Title)
NOTE.-Notify the above employee if presently serving in the Armed Forces
of the United States of his right to full reinstatement upon application in accord-
ance with the Selective Service Act and the Universal Military Training and Serv-
ice Act, as amended, after discharge from the Armed Forces.
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
If employees have any question concerning this notice or compliance with its pro-
visions, they may communicate directly with the Board's Regional Office, Sixth
Floor, Meacham Building, 110 West Fifth Street, Forth Worth, Texas 76102, Tele-
phone 335-4211, Extension 2145.
Westinghouse Electric Corporation and Local Lodge No. 1712,
International Association of Machinists and Aerospace Work-
ers, AFL-CIO, Petitioner and Local Union No. 449, Inter-
national Brotherhood of Electrical Workers , AFL-CIO,
Intervenor . Case 19-RC-3907. September 27, 1966
DECISION ANI) CERTIFICATION OF RESULTS OF
ELECTION
Pursuant to a Stipulation for Certification upon Consent Election
approved May 12, 1966, an election was conducted by secret ballot
on May 25 and 26, 1966, under the direction and supervision of the
Regional Director for Region 19, anon; the employees in the unit
described below. After the election the parties were furnished with
a tally of ballots which showed that 481 votes were cast, of which
69 were for Petitioner, 13 were for Intervenor, 90 were against par-
ticipating labor organizations, and 9 ballots were challenged. The
challenged ballots were suflieient. in number to affect, the results of
the election. No objections to the conduct of the election were filed.
160 NLRB No. 106.
WESTINGHOUSE ELECTRIC CORP . 1395
In accordance with National Labor Relations Board Rules and
Regulations, Series 8, as amended, the Regional Director conducted
an investigation of the challenges, and, on June 21, 1966, issued and
served on the parties his Report on Challenged Ballots in which he
recommended that the challenges to the nine ballots be overruled and
the ballots be opened and counted.
On July 18, 1966, the Employer filed timely exceptions, with sup-
porting brief, to the Regional Director's report. On July 18, 1966, the
Petitioner filed a brief in support of the Regional Director's report.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel. [Chairman McCulloch and Members Fanning and Jenkins].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act and it will effectuate the purposes of the Act to assert juris-
diction herein.
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Sections
9(c) (1) and 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that all technical employ-
ees employed by the Employer at its Naval Reactor Facility near
Arco, Idaho, including planning and production coordinators, drafts-
men, and photographers, but excluding office clerical employees, radi-
ation surveyors, guards and watchmen, and supervisors as defner't
in the Act, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the Act.
5. The Board has considered the regional Director's report, the
exceptions, and the briefs, and makes the following findings :
The Regional Director found that the nine employees whose bal-
lots were challenged had a community of interest with the employ-
ees of the technical unit described above and therefore recommended
that the challenges to their ballots be overruled. He did not make a
finding that any of these nine employees were technicians; rather, he
found that six of them were plant-clerical employees, and that the
remaining three performed work allied to that of the technicians,
but not requiring the same educational background or involving the
actual handling of radioactive fuel.
We find, as did the Regional Director, that none of the nine
employees whose ballots were challenged were technicians. The stipu-
lation provided for a unit of technicians only; doubtful job classifi-
cations that the parties desired to include in the unit were specifically
1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
included. In reading the language of the stipulation, we find that it
was the clear intention of the parties to include only those employees
specifically designated therein, and to exclude all others. The unit
established by the parties does not violate any clearly established
Board policy and where there are no such competing interests the
primary question is what the parties intended. Therefore, we reject
the Regional Director's recommendation and sustain the challenges
to the nine ballots here in issue.
Accordingly, as the tally of ballots shows that the participating
labor organizations have not obtained a majority of the valid votes
cast, we shall certify the results of the election.
[The Board certified that a majority of the valid votes was not
cast for the participating labor organizations, Local Lodge No. 1712,
International Association of Machinists and Aerospace Workers,
AFL-CIO, and Local Union No. 449, International Brotherhood of
Electrical Workers, AFL-CIO, and that neither of said labor organi-
zations is the exclusive representative of the employees in the unit
found appropriate.]
Ore-Ida Foods , Inc. and Joint Council of Teamsters No. 37,
Affiliated with International Brotherhood of Teamsters,
Chauffeurs , Warehousemen and Helpers of America, Inde-
pendent, Petitioner 1 and Amalgamated Meat Cutters and
Butcher Workmen of North America , AFL-CIO, Petitioner.2
Cases 36-RC-2090 and 2092. September 27, 1966
DECISION ON REVIEW, ORDER, AND DIRECTION OF
SECOND ELECTIONS
Pursuant to a Decision and Direction of Elections issued by the
Regional Director for Region 19 on December 16, 1965, elections by
secret ballot were conducted on February 2, 1966, under his direction
and supervision, in voting groups (1) and (2), compromising, respec-
tively, maintenance employees and production employees at the
Employer's Ontario, Oregon, food processing operations. Upon the
conclusion of the balloting, the parties were furnished with tallies of
ballots which showed that, in voting group (1), of approximately 78
eligible voters, 75 cast ballots, of which 42 were for the Teamsters, 6
were for the Meat Cutters, 26 were against the participating labor
1 Referred to herein as the Teamsters.
x Referred to herein as the Meat Cutters.
160 NLRB No. 102.