Westinghouse Electric Corp.

National Labor Relations Board - Board Decisions

May 15, 1970

182 N.L.R.B. 481 (N.L.R.B. 1970)

WESTINGHOUSE APPLIANCE
Westinghouse Appliance Sales & Service Co , a division
of Westinghouse Electric Corporation and International
Union of Electrical , Radio and Machine Workers,
AFL-CIO-CLC, and its Local Union #680, Joint Peti-
tioners Case-12-RC-3399
May 15, 1970
DECISION AND CERTIFICATION OF
REPRESENTATIVES
By CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND BROWN
Pursuant to a Stipulation for Certification Upon Con-
sent Election approved by the Regional Director for
Region 12 on October 16, 1969, an election was conduct-
ed on November 7, 1969, among the employees in the
stipulated appropriate unit At the conclusion of the
election, the parties were furnished with a tally of ballots
which showed that of approximately 59 eligible voters,
56 cast ballots, of which 33 were for, and 19 against,
the Petitioners, with 4 challenged ballots The challenges
were not sufficient in number to affect the results of
the election
Thereafter, the Employer filed timely objections to
Election In accordance with the National Labor Rela-
tions Board Rules and Regulations, Series 8, as amended,
the Regional Director conducted an investigation and,
on January 2, 1970, issued and duly served on the
parties his report on objections to election and recom-
mendations to the Board, in which he recommended
that the objections be overruled Thereafter, the Employ-
er filed timely exceptions to the Regional Director's
report and a supporting brief
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Board
has delegated its powers in connection with this case
to a three-member panel
Upon the entire record in this case the Board finds
I The Employer is engaged in commerce within the
meaning of the Act, and it will effectuate the policies
of the Act to assert jurisdiction herein
2 The Petitioners are labor organizations claiming
to represent certain employees of the Employer
3 A question affecting commerce exists concerning
the representation of employees of the Employer within
the meaning of Section 9(c)(1) and Section 2(6) and
(7) of the Act
4 The parties stipulated, and we find, that the follow
ing employees constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of
Section 9(b) of the Act
481
All service men, countermen, warehousemen, call
takers, dispatchers, service cashier, service stock
ledger coordinator, employed by the Employer at
its 3400 N W 31st Street, Miami, Florida location
and its 213 N E 9th Street, Ft Lauderdale, Florida
location, excluding all office clerical employees,
sales employees, professional employees, Senior
Service Clerk, guards and supervisors as defined
in the Act
5 The Board, having considered the Regional
Director's report and the Employer's exceptions thereto
and supporting brief, hereby adopts the Regional
Director's finding and recommendations t
Accordingly, as we have overruled the Employer's
objections and the tally shows that the Petitioners
received a majority of the valid ballots cast, we shall
certify them jointly as the exclusive bargaining represent-
ative of the employees in the appropriate unit
CERTIFICATION OF REPRESENTATIVES
It is hereby certified that International Union of Elec-
trical , Radio and Machine Workers, AFL-CIO-CLC,
and its Local Union #680, have been designated and
selected by a majority of the employees of the Employer
in the appropriate unit described herein as their repre-
sentative for the purposes of collective bargaining and
that , pursuant to Section 9(a) of the National Labor
Relations Act, as amended , the said labor organizations
are the exclusive representative of all employees in
such unit for purposes of collective bargaining with
respect to rates of pay , wages, hours of employment,
and other terms and conditions of employment
i In adopting the Regional Directors recommendation that Objections
I and 2 be overruled we find in agreement with the Regional Director
that the mere fact that the Employer had only one observer available
to it at the election while the Petitioners had two is not sufficient
grounds for setting aside the election We find that this imbalance
in the number of observers did not create the impression that the
Board favored the Petitioners over the Employer or otherwise prejudice
the election Furthermore we note that the Board agent specifically
advised the Employer of its right to an equal number of observers
which is entirely consistent with the provision in the Stipulation for
Certification that each party would be allowed an equal number of
observers Lastly to the extent that it may have constituted a variation
from what the Employer alleges was a prior oral understanding that
only one observer would represent each party we find th it the variation
was immaterial and in no w ty compromised the f urness of the election
N L R B v Mattison Machine Works 365 U S 123 Cf Bremen Steel
Compan) 115 NLRB 247 We also idopt the Regional Director s recom
mendation that Objections 3 through 5 be overruled as even if the
facts alleged by the Employer ire true they would not constitute conduct
which affected the results of the election Harold W Moore d/b/a/
Harold W Moore & Son 173 NLRB No 191 The exceptions and
brief raise no issues of fact or I iw which warr mt revers it of the
Regional Director s findings ind recommend icons or a hearing
182 NLRB No 73