Westinghouse Electric Corp.

National Labor Relations Board - Board Decisions

Feb 3, 1950

88 N.L.R.B. 502 (N.L.R.B. 1950)

In the Matter Of WESTINGHOUSE ELECTRIC CORPORATION, GENERAL
ELECTRIC COMPANY, EMPLOYERS and INTERNATIONAL ASSOCIATION OF
MACHINISTS, PETITIONER
Cases Nos . 21-RC-808, 21-RC-809.-Decided February 3, 1950
DECISION
AND
ORDER
Upon amended petitions duly filed, a hearing was held before Ben
Grodsky, hearing officer? The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.2
Upon the entire record in this case, the Board finds :
1. Among many other activities, both Westinghouse and General
Electric engage in the manufacture of steam turbine generators. Such
units are produced in their factories in Pennsylvania and New York,
respectively, and are customarily built to the specifications of pur-
chasers, usually utility companies or municipalities furnishing electric
power. Some of Westinghouse's and General Electric's sales con-
tracts provide for direct installation of the steam turbine generators
by the manufacturer.
The units sought by the Petitioner comprise machinists engaged in
such installations for Westinghouse and General Electric, in the area
under the engineering supervision of their respective Los Angeles
offices. Since January 1947, both manufacturers have installed a num-
ber of generators at the Harbor Steam Plant of the City of Los
Angeles and. the Redondo Beach Plant of Edison of Southern Cali-
fornia, also in the Los Angeles area. These generators, of very great
value, were all shipped from the eastern factories of the two manu-
facturers. We have previously asserted jurisdiction over both these
i The two cases were consolidated before hearing . At the hearing, Petitioner was
permitted to amend the unit descriptions in both petitions.
2 United Brotherhood of Carpenters, Joiners and Helpers of America , A. F. L., was per-
mitted to intervene only as to the General Electric case (21-RC-808). Intervention as
to the Westinghouse case (21-RC-809) was denied for lack of showing of interest. At
the close of its case , Westinghouse moved to sever the two cases. The motion was properly
denied because , except as to the Employer, identical parties are involved , and the issues
in both cases are fundamentally the same. We find that Westinghouse has in no wise
been prejudiced by the consolidation.
88 NLRB No. 105.
502
WESTINGHOUSE ELECTRIC CORPORATION 503
Employers and, with respect to Westinghouse, jurisdiction was re-
cently asserted in a case which was limited to this phase of the Com-
pany's business, arising out of the installations of steam turbine gen-
erators at Redondo Beach.3 The Employers admit, and we find, that
they are engaged in operations affecting commerce within the meaning
of the National Labor Relations Act.
2. The labor organizations involved claim to represent employees
of the Employers.
3. No question affecting commerce exists concerning the represen-
tation of employees of the Employers within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
Both Westinghouse and General Electric have completed their
installations at the Harbor Steam Plant and the Redondo Beach Plant.
Westinghouse has no orders on its books for future installation of
steam turbine generators in the area. Although it is currently nego-
tiating with a prospective customer in the area for future purchase
of such units, there is no certainty that it will be successful, or if suc-
cessful that the contract will provide for installation by Westinghouse.
Such a provision is optional with the customer, who may either install
the generator itself or utilize the services of a general contractor,
though in either case under the general supervision of Westinghouse.
In the event that a sales contract is executed which provides for instal-
lation by Westinghouse, no work would be available for the machin-
ists before 1952, because units of the type involved in the negotiations
could not be built in less time 4
General Electric has also completed all its installations at the Har-
bor Steam Plant and the Redondo Beach Plant. The record dis-
closes that in January 1950, it was to begin two other installations in
the area supervised by its Los Angeles office. The period required for
completing these installations was estimated at 60 to 90 days. After
their completion, General Electric will not again be engaged in in-
stalling steam turbine generators in the area until sometime in 1952,
when two projects are scheduled.
Westinghouse and General Electric employ no installation ma-
chinists, except when required for a specific installation job. West-
inghouse now has none on its payrolls and after March 31, 1950, if
work proceeds as anticipated, General Electric will have none. As
3 Los Angeles Building and Construction Trades Council, A. F. L. and Lloyd M. Mash-
burn, Its Agent; Millwright and Machinery Erectors Local 1607 of the United Brotherhood
of Carpenters and Joiners of America , A. F. L.; and Herman F. Barbaglia , its Agent, and
International Association of Machinists for its Local Lodge 1235, 83 NLRB 477.
4 The time required for building steam turbine generators varies from 18 months for the
smaller units to from 24 to 36 months for larger ones.
504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it appears that employment of all the workers concerned has either
already terminated or will terminate very soon , and employment with
either Employer will not again be available to them in the near future,
we believe no useful purpose would be accomplished by proceeding
to a determination of representatives at this time .' Accordingly, we
shall dismiss both petitions.
ORDER
IT IS HEREBY ORDERED that the petitions filed herein be, and they
hereby are, dismissed.
5 Todd-Galveston Dry Docks, Inc., 54 NLRB 625; sparton Teleoptic Company, 81 NLRB
1228.