Westinghouse Electric Corp.

National Labor Relations Board - Board Decisions

Jun 16, 1947

74 N.L.R.B. 153 (N.L.R.B. 1947)

In the Matter of WESTINGHOUSE ELEcTxio CORPORATION, EMPLOYER
and ASSOCIATION OF WESTINGHOUSE SALARIED EMPLOYEES, AFFILI-
ATED wITH FEDERATION OF WESTINGHOUSE INDEPENDENT SALARIED
UNIONS, PETITIONER
Case No. 90-R-4176,-Decided June 16, 1947
Mr. Grant Wiswell, of Emeryville, Calif., for the Employer.
J. PauZ St. Sure, by Mr. Edward if. Moore, of Oakland, Calif., for
the Petitioner.
Messrs. John Bittman and H. Martinson, of Oakland, Calif., for
the Intervenor.
Mr. Bernard L. Balicer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at San
Francisco, California, on May 2, 1947, before Charles Y. Latimer,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Employer, a Pennsylvania corporation with its headquarters
office at Pittsburgh, Pennsylvania, maintains manufacturing plants
throughout the United States. At its plant located at Powell and
Peladeau Streets, Emeryville, California, the only plant involved in
this proceeding, the Employer is engaged in the manufacture, sale, and
'distribution of electrical equipment. During 1946, the Employer
received for use in its operations at the Powell and Peladeau Streets
plant, materials and equipment valued at $1,717,600, of which approx-
imately 90 percent was shipped to the plant from points outside the
State of California. During the same period, the plant manufactured
74 N. L. R. B., No. 33.
153
154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
electrical equipment valued at $3,350,000, of which approximately
50 percent was sold and shipped to points outside the State of
California.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Federation
of Westinghouse Independent Salaried Unions, claiming to represent
employees of the Employer.
United Electrical, Radio and Machine Workers of America,' herein
called the Intervenor, is a labor organization affiliated with the Con-
gress of Industrial Organizations, claiming to represent employees
of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
On or about May 9, 1946, the Employer and the Intervenor entered
into a contract covering the employees involved herein. The contract
was to be effective for 1 year from April 1, 1946, and from year to
year thereafter unless written notice of termination was given by
either party at least 30 days before the annual termination date.
In December 1946, the Petitioner notified the Employer that it was
organizing its employees. On February 21, 1947, Petitioner advised
the Employer of its intention to file with the Board a petition for
certification of representatives, and did so file the petition on Febru-
ary 27, 1947. On or about March 18, 1947, the Intervenor and the
Employer commenced negotiations for a new contract, which cul-
minated in the execution of a new agreement on or about April 18,
1947, retroactively effective from April 1, 1947.
The Intervenor contends that its contracts constitute a bar to a
present determination of representatives. However, inasmuch as the
petition herein was filed prior to the automatic renewal date of the
1946 agreement and before the execution of the 1947 contract, neither
agreement constitutes a bar to a present determination of repre-
sentatives.2
' Designation as amended at the hearing.
2 Matter of Mschcgan Producers ' Dairy Company, 68 N L . R. B. 6; Matter of Mill B,
Inc., 40 N. L. R . B. 346.
Subsequent to the hearing , the Employer moved to reopen the record herein for the
purpose of incorporating additional evidence not available at the hearing, to the effect
WESTINGHOUSE ELECTRIC CORPORATION 155
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accord with the agreement of the parties,
that all office and clerical employees, engineers, draftsmen, and time
and motion analysts, employed in the manufacturing and repair
division of the Employer's Powell and Peladeau Streets plant, Em-
eryville, California, but excluding administrative secretaries, nurses,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.3
DIRECTION OF ELECTION 4
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Westinghouse Electric Cor-
poration , Powell and Peladeau Streets , Emeryville, California, an
election by secret ballot shall be conducted as early 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 Twen-
tieth Region acting in this matter as agent for the National Labor
Relations Board, and subject to Sections 203.55 and 203.56, of National
Labor Relations Board Rules and Regulations-Series 4, among
the employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction , including employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
that no notice of termination of Its April 1, 4946, agreement with the Intervenor was
given and that it continued in full force and effect until terminated by the new agreement
which became effective as of April 1, 1947 . However, assuming the truth of the Employer's
proffered evidence , for the reasons indicated in Section III, supra, the petition herein was
timely and the contracts do not constitute a bar to a determination of representatives at
this time . Inasmuch as the evidence offered cannot in any event affect the decision arrived
at herein , Petitioner 's motion to reopen the record is hereby denied.
3 There are approximately 100 employees in the alleged appropriate unit.
4 Any participant in the election herein may , upon its prompt request to , and approval
thereof by , the Regional Director , have its name removed from the ballot. ,
156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election, to determine whether they desire to be represented by Asso-
ciation of Westinghouse Salaried Employees, affiliated with Federa-
tion of Westinghouse Independent Salaried Unions, or by United
Electrical, Radio and Machine Workers of America, C. I. C)., for the
purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.