Westinghouse Electric Corp.

National Labor Relations Board - Board Decisions

Mar 29, 1950

89 N.L.R.B. 8 (N.L.R.B. 1950)

In the Matter Of WESTINGHOUSE ELECTRIC CORPORATION, EMPLOYER
AND PETITIONER and UNITED ELECTRICAL,'RADIO AND MACHINE WORK-
ERS OF AMERICA, INTERNATIONAL UNION OF ELECTRICAL, -RADIO AND
MACHINE WORKERS, CIO, ET AL., UNIONS
Cases Nos . 5=Ri11-38, Etc.'-Decided March ^?9, 1950
DECISION
ORDER
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated heiiring 2 was held
in this case between December 28,1949, and February 17, 1950, at Pitts-
burgh, Pennsylvania, and New York City, before H. Raymond Cluster,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed .3 The request of
the IUE for oral argument is denied, as the record before us, in our
opinion, is adequate for the determination of the issues presented.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
1 The following cases , involving plants of the Westinghouse Electric Corporation at some
40 different locations , were consolidated for hearing by the Regional Director on December
14, 1949: Cases Nos. 5-RM-38, 40 , 42, 43, 44, 46, 48, 49 , 50, 52 , 54, 55 , 56, 57 , 58, 60, 61,
63, 64 , 65, 66 , 68, 69 , 71, 73, 74, 76, 77, 78, 79, 81, 82, 84 , 85, 87, 88 , 90, 91, 92, 93,
94, 95 , 97, 98 , 100, 101, 102, 104, 105, 106, 107, 109, 110, 111, and 112, 5-RC-530, and
5-RC-539. In all of the RM cases, except Case No. 5-R1MI-46, Westinghouse Electric
Corporation is the Petitioner ; in Case No. 5-RM-46, The Bryant Electric Company, a
wholly owned subsidiary of Westinghouse Electric Corporation,. filed the petition. These
Petitioners will be referred to in this Decision as the Employer. The Petitioner in Case
No. 5-RC-530 is Meter Division Engineer 's Association, and the Petitioner in Case No.
5-RC-539 is International Brotherhood of Electrical Workers, AFL. The Employer, with-
out objection from any party, filed separate motions at the hearing to withdraw its petitions
in Cases Nos. 5-RM-42, 97, and 109. These motions are hereby granted.
s The Employer filed several motions at the hearing to correct errors in the transcript.
After the hearing was closed , the Employer filed a motion with the Board combining all
the previous motions . All parties were given notice of this motion, both by the Employer
and by the Board , The UE alone responded , but it offered no substantial objection to the
motion. Accordingly, the Employer' s motion to correct errors in the transcript of the
hearing is granted, and the record is hereby amended to conform to the motion.
3In view of the UE's strenuous opposition thereto, we particularly affirm the ruling of
the hearing officer that the labor organizations herein claiming to represent employees in
substantially the same units as those petitioned for by the Employer need not make the
administrative showing of representation required of a petitioner in a representation case.
See Felton Oil Company , 78 NLRB 1033.
89 NLRB No. 11.
8
WESTINGHOUSE ELECTRIC CORPORATION 9
this case to a three-member panel [Members Reynolds , Murdock, and
Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.'
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.5
3. The question concerning representation :
Almost all of the employees in the plants involved in this proceeding
have been covered by collective bargaining agreements between the
Employer and the UE for a number of years. Since 1943, the Em-
ployer and the UE have executed national agreements for all of the
units represented by the UE,s and these national agreements have been
supplemented by agreements on the local level . The current contract
between the Employer and the UE was executed on April 1, 1948, and
expires on April 1, 1950; the Employer has given due notice to the
UE of its intention to terminate the national agreement and all local
supplements thereto.
Some of the employees involved herein are covered by agreements,
on the national and local level , by the Employer on the one hand and
the IBEW and the Federation on the other . The Employer also has
agreements with the Pattern Makers and the Welders for certain
groups of employees.
The UE alone contends that its contracts are a bar to this proceed-
ing. Without regard to the events which gave rise to the formation
of the IUE,' we find that the UE contract , which is about to expire,
is no bar to this proceeding."
Before and at the hearing , the IUE requested recognition of the
Employer as the collective bargaining representative of the employees
covered by the UE contract at each of the plants involved in this
4 The Employer is engaged in the manufacture , sale, and servicing of 'electrical and
related products . It operates plants in more than half the States in the United States
and maintains sales offices in all the major cities of the United States. Approximately 40 of
its plants located in 14 States are involved in this case.
G The following labor organizations intervened at the hearing in their own behalf and
in behalf of their various locals concerned : United Electrical , Radio and Machine Workers
of America , hereinafter referred to as the UE ; International Union of Electrical, Radio
and Machine Workers, CIO, hereinafter referred to as the IUE ; Pattern Makers League of
North America, AFL, hereinafter referred to as the Pattern Makers ; International Brother-
hood of Electrical Workers, AFL, hereinafter referred to as the IBEW ; Associated Welders
of Western New York, Inc., hereinafter referred to as the Welders ; Federation of Westing-
house Independent Salaried Unions , hereinafter referred to as the Federation ; Meter
Division Engineers Association , hereinafter referred to as MDEA ; and International
Association of Machinists , hereinafter referred to as the IAM.
s In each case, the UE is the Board -certified representative.
See General Motors Corporation, et al ., 8S NLRB 450.
Ibid ., and cases there cited.
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
proceeding. The Employer refused to accord such recognition with-
out proper Board certification.
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 appropriate unit :
In most of the cases before us, the parties are in substantial. agree-
ment that the present certified and contract unit is appropriate .9 In
such cases, as indicated below, we shall direct elections in the stipu-
lated unit. In many cases, however, the Employer seeks to alter the
existing unit, and in most of these instances, the interested labor or-
ganizations oppose these changes; further, as hereinafter indicated,
the unions are themselves in disagreement on the unit question.
In practically every one of the cases, there has been a long collective
bargaining history. Previous certifications have been issued by the
Board, largely as a result of consent elections in which the unit was
stipulated, but often following Board determination of the appro-
priate unit. In any event, in each plant bargaining units have here-
tof ore been established for substantial periods of time.1° We want
to make clear at the outset, therefore, that we will be most hesitant
to disturb such units and will do so only in those cases where the
Act itself or our established policy requires such change. Each of
these cases must necessarily be considered on its own merits. How-
ever, we shall first consider two matters which affect all or certain
of the cases as a group.
Time-study employees-There are 17 time-study employees at the
Employer's Newark Works, 64 at the South Philadelphia Works, and
15 at the Jersey City Works.'1 At each location, the Employer has
filed a separate petition 12 to establish these time-study employees in
a separate unit, and seeks to exclude them from the units in which
they are presently included 13 The Employer contends that the time-
study employees are either managerial or professional employees, and
that they should not be in the same unit as the rank-and-file employees
whose work is the subject of time study, nor should they be represented
All parties agree that group leaders at all plants are not supervisors, and should be
Included in the appropriate bargaining units.
10 There is no contention in this case that a "multiple-plant unit is appropriate ; in each
case the unit is restricted to the local plant or plants.
11 These employees are classified as time and motion analysts at Newark, as time-study
men at South Philadelphia, and as methods engineers at Jersey City.
12 In Case No. 5-RM-52 (Newark) ; Case No. 5-RM-63 (South Philadelphia) ; and Case
No. 5-RM-49 (Jersey City).
13 At Newark, this is the salaried unit (5-RM-54), for which the UE was certified in
1941, pursuant to Board decision (33 NLRB 605). At South Philadelphia, this is the
hourly paid unit, essentially production and maintenance employees, which includes some
salaried shop employees (5-RM-65) ; the UE was certified for this unit in 1937. At
Jersey City, this is the salaried unit (5-RM-50), for which the UE was certified in 1945.
WESTINGHOUSE ELECTRIC CORPORATION 11
by the same union which represents such rank-and-file employees. The
intervening labor organizations 14 oppose the exclusion.of the time-
study employees from the units in which they are presently included.
No labor organization seeks to represent these employees at any of
the plants in a separate unit.
The record discloses that there is no substantial difference in the
duties and status of the time-study employees at Newark, South Phila-
delphia, and Jersey City. Their essential task is to determine the fac-
tual basis for the operation of the Employer's incentive wage plan.
The time-study employees make time and motion studies in the pro-
ductionareas, and then, by applying certain standard modifying-data,
set a base rate for the particular operation. In large part, many op-
erations do not require an actual time study on the floor, as the accu-
mulated data of the Time-Study Department furnishes sufficient in-
formation upon which to base a rate. The time-study employees must
have the skill and training 15 necessary to correlate complicated sta-
tistical data and the results of their own observation of the operation
under study. The time values established by .these employees are not
reviewable by production foremen. In actual practice; although the
values are subject to review by the time-study supervisor, such values
as established by the time-study employees are final. When a study
becomes the subject of a grievance, the Employer relies in large part
on the factual data compiled by the time-study employees.
The work performed by the time-study employees here involved
does not differ substantially from that performed by similar categories
of employees in several recent cases decided by the Board'6 In ac-
cordance with our previous determinations with respect to such em-
ployees, we find that the time-study employees at the Newark, South
Philadelphia, and Jersey City Works of the Employer are profes-
sional employees within the meaning of Section 2 (12) of the Act.'7
Under Section 9 (b) of the Act, professional employees may not be
included in the same unit with nonprofessional employees unless a
majority of the professional employees vote for such inclusion. In
view of this requirement, and in view of the fact that the time-study
employees at these three locations have been represented for substan-
14 The UE , WE, and Federation intervened at all three plants . The IBEW also inter-
vened at Newark.
"The educational requirements for time-study positions are substantially higher than
those for ordinary production jobs . Although a college degree is not necessary , a technical
school education or its equivalent is required.
10 Browne & Sharpe Mfg . Co., 87 NLRB 1031; Chicago Pneumatic Tool Company, 81
NLRB 584 ; F. W. Sickles Company, 81 NLRB 390 ; Detroit Harvester Co., 70 NLRB 1316.
We have heretofore held that time -study employees are not managerial employees.
Minneapolis -Moline Company , 85 NLRB 597.
17F. W. Sickles Company, supra ; The Timken Detroit AsZe Company , 80 NLRB 1075;
Detroit Harvester Company, supra ; Worthington Pump and Machinery Corporation, 75
NLRB 678.
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tial periods of time as part of larger over-all units,"' we shall include
the time-study employees in the professional voting groups herein-
after set up at the Newark, South Philadelphia, and Jersey City
Works."
Designation of plant location.-In all of the cases herein, the UE
and the IUE object to the use of a street address in describing the loca-
tion of the Employer's plant in the unit description. In most cases,
though not all, the present unit description in the certification merely
identifies the city or town in which the plant is located. The Employer
insists on the use of the exact street address of each plant. We see no
problem in this regard, and shall describe each plant location in the
manner requested by the Employer.
Newark Works (Cases Nos. 5-RM-52, 54, 55, 56 and 5-RC-5,30)21
The current contracts between the Employer and the UE cover a
production and maintenance unit and a salaried unit in this plant.21
The Employer's petition in Case No. 5-RM-54,22 as amended, re-
quests various changes in the existing certified and contract salaried
unit. There is disagreement among the parties with respect to some
of these changes.23 The Employer would exclude some 60 engineers
as professional employees; the IBEW and the MDEA are agreeable
to this exclusion and have intervened in Case No. 5-RM-55 in which
the Employer requests a separate engineering unit. The UE and the
IUE contend that the engineers in question are not professionals, and
should remain in the salaried unit. The Federation agrees to the ex-
clusion of the engineers froril the salaried unit, but does not claim to
19 For this reason we reject the Employer's contention that the time-study employees
now be established in a separate unit. See Sperry Gyroscope Company, 88 NLRB 907;
Westinghouse Electric Corporation, 81 NLRB 337 ; Columbia Pictures Corporation, et al.,
80 NLRB 1381. We shall, therefore, dismiss the petitions filed in Cases Nos. 5-RM-49,
52, and 63.
19 We have heretofore decided that the same labor organization may appropriately repre-
sent time-study and rank-and-file employees. Detroit Harvester Company, footnote 16,
supra. For cases where we have included various categories of professional employees in
a single voting group, see Union Electric Power Co., et at ., 83 NLRB 872 and F. W.
Sickles Company, footnote 1.6, supra.
20 The engineering unit requested by MDEA in Case No. 5-RC-530 is the same as that
described in Case No. 5-RM-55. In accordance with MDEA's request, we shall treat it
as an intervenor in Case No. 5-RMI-55, and grant MDEA's request to withdraw the peti-
tion in Case No. 5-RC-530.
=1 Local 426, UE, was certified for the production and maintenance unit in 1.940, pursuant
to Board decision (27 NLRB 605). The same Local was certified for the salaried unit in
1941, pursuant to Board decision (33 NLRB 605) ; this unit was amended by a consent
Board order on January 14, 1947.
22 Local 426, UE, the IUE, the Federation, and the IBEW intervened in this case.
23 All parties agree to the exclusion of the audit clerk A and the staff assistants to
department managers and the plant manager, and to the inclusion of the telephone operators
in the Industrial Relations Department. They also agree to minor changes in terminology
for the purpose of properly describing certain positions.
WESTINGHOUSE ELECTRIC CORPORATION 13
represent these employees in a separate unit. The Employer would
also exclude from this unit the following employees who are now in-
cluded therein : Four clerks and one stenographer in the Industrial
Relations Department, and one buyer. All the Unions oppose these
exclusions.- The parties are also in disagreement as to the unit place-
ment of time and motion analysts, as indicated above.
Engimers-There are approximately 60 engineers presently in-
cluded in the salaried unit at Newark. The majority of these are
design, metallurgical, and chemical engineers in the Engineering De-
partment. There are 11 sales engineers in the Sales Department, and
1 test engineer in the Manufacturing Department.25 The Employer
manufactures and sells instruments, relays, and meters at the Newark
plant. The engineers in the Engineering Department design and
develop these products and the sales engineers work on the engineering
application of the apparatus designed by the other engineers. The
sales engineers work closely with the Employer's customers. The Em-
ployer requires that all engineers have an engineering degree from an
accredited college; this requirement has been waived for some of the
older employees who are technical. school graduates and who have had
many years of engineering experience. The Employer maintains a
student engineering training program which serves as an orientation
course for all prospective engineers. Those who complete this train-
ing, which usually lasts for 1 year, are then employed as junior engi-
neers. In due course, if they perform their duties satisfactorily, junior
engineers are promoted to the higher engineering grades. We have
frequently found that engineers such as those in the Newark plant
are professional employees within the meaning of the Act, and we so
find here.26 Although such employees might properly be included in
the salaried unit consistent with the Employer's bargaining history for
this unit, we shall make no final determination as to their inclusion or
exclusion pending an election to ascertain the desires of these and
other professional employees with respect to representation for pur-
poses of collective bargaining; accordingly, we shall include all design,
metallurgical, and chemical engineers in the Engineering Department,
24 The Federation, contrary to the positions of all other parties , would include in the
salaried unit the suggestion interviewer , an employee in the Industrial Relations Depart-
ment. Pursuant to a stipulation of all parties , we excluded this employee from the salaried
unit in our Decision preceding the original certification for this unit ; a predecessor of
the Federation joined in this stipulation . See 33 NLRB 605. As the suggestion interviewer
has been excluded from the certified and contract unit for many years , and as no evidence
has been introduced to show any change in his duties , we see no reason to include him now.
^- Employees classified as manufacturing and general engineers have heretofore been
excluded from the salaried unit, and all parties agree that they not be included in the
engineering unit.
26 Union Electric Power Co ., et al., footnote 19, supra ; L. W. Bliss Company, 81 NLRB
428; Westinghouse Electric Corporation, 80 NLRB 591.
14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the sales engineers in the Sales Department, and the test engineer in
the Manufacturing Department, in a professional voting group .27
The four clerks and one stenographer in the Industrial Relations
Department-Three general duty clerks do various types of clerical
work in the Industrial Relations Department. They have access to
all personnel records and assist in the compilation of data required by
the Employer for collective bargaining purposes. A file clerk in the
Industrial Relations Department files all records therein. The stenog-
rapher is assigned to the suggestion interviewer and safety supervisor.
The Employer contends that these five employees should be excluded
from the salaried unit as confidential employees. As none of these
employees assist or act in a confidential capacity to anyone exercising
managerial functions with respect to the Employer's general labor
relations policy, we reject the Employer's contention and shall include
them in the unit 28
The buyer-This employee assists in the purchasing of materials,
services, and supplies for the Newark plant. He works under the
immediate supervision of the purchasing agent and the assistant pur-
chasing agent.29 Although the buyer has heretofore been included
in the salaried unit, the record discloses that he has authority to pledge
the Employer's credit in the making of purchases. In accordance
with our established policy we shall exclude the buyer from the unit.30
In the light of the foregoing determinations, we shall direct that
separate elections be held in the following groups at the Employer's
Newark Works at 95 Orange Street and 85 Empire Street, Newark,.
New Jersey, while deferring our finding as to the. scope of the salaried
unit, as indicated above, until the results of these elections have been
ascertained:
(1) All salaried employees, including the telephone operators,. and
the general duty clerks and the file clerk in the Industrial Relations
Department, but excluding all other employees in the Industrial Rela-
tions Department, all employees in the Medical Department, staff
assistants to department managers and the plant manager, the sug-
gestion interviewer, secretaries, assistant secretaries to the manager of
accounting, the buyer, audit clerk A, manufacturing and general
27 As the engineers have been included in the salaried unit for a substantial period of
time , we are of the opinion, contrary to the contention of the Employer, that the engineers
may, if they so desire ; remain a part of that unit . See cases cited in footnote 18, supra.
23 Ball Brothers Company, Incorporated , 87 NLRB 34; Chrysler Corporation , 84. NLRB
516; Inter-Mountain Telephone Company, 79 NLRB 715; Automatic Electric Company,
78 NLRB 1057.
29 The purchasing agent and his assistant have always been excluded from the salaried
unit as supervisors,
30 South Georgia Pecan Shelling Company, et al,, 85 NLRB 591; Wm. P. McDonald
Corporation, 83 NLRB 427.
WESTINGHOUSE ELECTRIC CORPORATION 15
engineers'31 all employees in Voting Group 2, guards, professional. em-
ployees, and supervisors as defined in the Act. (Voting Group 1) 32
(2) All time and motion analysts. (Voting Group 2)
(3) All design, metallurgical, and chemical engineers in the
Engineering Department, sales engineers in the Sales Department, and
the test engineer in the Manufacturing Department. (Voting
Group 3) 32a
The Employer's petition in Case No. 5-RM-56, as amended, de-
scribes a unit substantially the same as the existing production and
maintenance unit, and the parties 33 are in agreement with respect to
the content of this unit. We find that the production and maintenance
employees of the Employer at its Newark Works at 95 Orange Street
and 85 Empire Street, Newark, New Jersey, including group leaders,
but excluding salaried clerical, technical, and engineering employees,
salaried inspectors, guards, professional employees and supervisors
as defined in the Act, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act. (Unit 1)
The Fairmont Lamp Works (Cases Nos. 5-RM-85,112)
In Case No, 5-RM-85, the Employer requests a production and
maintenance unit exclusive of the Glass Plant at its Fairmont Lamp
Works, Fairmont, West Virginia; the petition in Case No. 5-RM-112
covers only the employees in the Glass Plant. These unit descriptions,
with the exceptions noted below, are substantially the same as those
in the UE's current contracts 34 The IUE alone contends that the
Glass Plant employees should not comprise a separate unit at Fair-
mont. The Employer would exclude certain accounting clerks in
Case No. 5-RM-85, and laboratory technicians in Case No. 5-RM-112;
the Unions would include these employees in the respective units.
The Glass Plant is a separate administrative division of the Fairmont
Lamp Works wherein the employees have always been represented
31 As indicated above, these two categories of engineers have heretofore been excluded
from the unit ; all parties agree that they are managerial employees and should be excluded
from any unit.
a' In. order to facilitate our Direction of Elections herein, we shall number consecutively
each voting group and unit in which an election is directed.
3xa By Order dated April 14, 1950, the Board granted a request of Meter Division
Engineers Association to establish the engineers and the time and motion analysts in
separate voting groups.
31 Local 420, UE, the IUE, and the IBEW intervened in this case.
3, Pursuant to Board decision (71 NLRB 983), the UE was certified on January 8, 1947,
for the Glass Plant unit ; the UE was originally certified for the other unit in 1942.
UE and the IUE are the only Intervenors in these cases.
The
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
separately for collective bargaining purposes. We have heretofore
separately certified the UE for units at the Glass Plant and for the
bt lance of the production and maintenance employees at Fairmont;
furthermore, for a number of years these employees have constituted
separate contract units. As no evidence was introduced to show any
substantial change in the organizational structure of the Lamp Works.
or in the nature of the work done by the employees therein, we shall
adhere to our usual practice and shall not disturb the existing certified
and contract units.3' Accordingly, we believe that the employees in
the Glass Plant may appropriately constitute a separate unit.
The accounting clerks-These four clerks work in the Accounting
Office and perform clerical functions for.the Fluorescent Lamp Manu-
facturing Section. They are hourly paid and have heretofore been
included in the over-all contract unit. The Employer maintains that,
these clerks should have been excluded from the unit as clericals, but
it has never made an issue of the matter. The record discloses that.
these employees keep clerical production records and that their work
requires them to spend substantial periods of time in production areas.
We are of the opinion that the accounting clerks are in fact factory
clericals and we shall include them in the unit herein found appropriate
in Case No. 5-RM-85.36
The laboratory teck iicians 37-These employees in the Glass Plant
analyze raw materials and finished products. They are salaried em-
ployees and have heretofore been excluded from the bargaining unit at
the Glass Plant. In view of this fact, and because their technical duties
are different from the duties of the production and maintenance
employees, we shall exclude the laboratory technicians from the unit
herein found appropriate in Case No. 5-RM-112.
We find that the following groups of employees of the Employer
at its Fairmont Lamp Works on Hoult Road, Fairmont, West Virginia,
separately constitute units appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act:
(1) All production and maintenance employees, including group
leaders, and shipping and accounting clerks, but excluding all em-
ployees in the Glass Plant, office clerical employees, guards, profes-
sional employees, and supervisors as defined in the Act. . (Unit 2)
36 Illinois Cities Water Company , 87 NLRB 109 ; Gastonia Combed Yarn Corporation,
et at ., 73 NLRB 169 ; The Mathieson Alkali Works, 55 NLRB 1100.
36 Southern Athletic Company, Inc., 86 NLRB 908; The Clark Thread Company , 79 NLRB
542. Until just before the hearing , the accounting clerks were under the supervision of
an assistant superintendent of production . They now report to the accounting supervisor.
We do not think that the propriety of including these employees in the production and
maintenance unit is offset by the fact that they are now under office supervision. See
Kearney & Trecker Corporation , 60 NLRB 148.
37 There are apparently four employees in this group and they are classified either as
laboratory assistants or laboratory attendants.
WESTINGHOUSE ELECTRIC CORPORATION 17
(2) All production and maintenance employees in the Glass Plant,
including group leaders, but excluding office clerical employees, labora-
tory technicians, guards, professional employees, and supervisors as
defined in the Act. (Unit 3)
Lima Plant (Cases Nos. 5-RIJI-94, 95)
In Case No. 5-RM-94, the Employer requests a production and
maintenance unit,38 and in Case No. 5-RM-95, it seeks a unit of shop
production clerks.31 The UE and the IUE intervened in both cases;
Lima Westinghouse Salaried Employees Association, affiliated with
the Federation, also intervened in the latter case. All parties are in
agreement with respect to the unit description in Case No. 5-RM-95;
in Case No. 5-RM-94, the Employer would exclude, and the Unions
would include certain hourly paid clerical employees in the existing
production and maintenance unit.
The clerical group in controversy consists of 46 card clerks and 1
shipping clerk. They are the only hourly paid clericals in the plant,
and have heretofore been included in the certified and contract unit.
All these clerks work in production areas and are subject to the super-
vision of production foremen. In view of the bargaining history, and
in view of the fact that these employees are factory clericals,40 we shall
include the pay-card clerks and shipping clerk in the production and
maintenance unit.
We find that the following groups of the employees of the Em-
ployer at its Lima Plant, Shawnee Township, Allen County, Ohio,
constitute separate units appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act:
(1) All hourly paid production and maintenance employees, includ-
ing group leaders, pay-card clerks and the shipping clerk, but exclud-
ing office, clerical, and salaried technical employees, shop production
clerks, design eligin eers, tool engineers,. draftsmen, tinge-study em-
ployees, guards, professional employees, and supervisors as defined in
the Act. (Unit 4)41
(2) All shop production clerks, whether hourly paid or on salary,
excluding office clerks, guards, professional employees, and supervisors
as defined in the Act. (Unit 5)
This is the contract unit for which Local 724, UE, was certified in 1939, pursuant to
Board decision ( 14 NLRB 263).
38 This is also the contract unit for which Local 760 , UE, was certified in 1941, pursuant
to Board decision ( 35 NLRB 756). The intervening affil iate of the Federation was certified
for it salaried unit at the Lima Plant in 1943, pursuant to Board decision ( 53 NLRB 510).
" See cases cited in footnote 36, supra.
41 Although the language of this unit description differs slightly from that of the existing
certified and contract unit , all parties stipulated that the unit coverage is the same.
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Nuttall Plant (Case No. 5-RAT?-88)
The Employer's petition in this case requests a production and
maintenance unit substantially the same as the existing certified and
contract unit.42 This unit now includes "shipping and receiving em-
ployees"; the Employer proposes to add the words "hourly paid" to
this description. The UE 43 objects to this change, contending, that all
employees in the Shipping and Receiving Office should be included in
the production and maintenance unit.
There are seven shipping and receiving employees. Of these, five,
consisting of four typists and a receiving clerk, are on salary. The
other two, a shipper and a file clerk, are hourly paid. The UE has
represented the two hourly paid employees with the acquiescence of
all parties concerned. The AWNE 44 has represented the five salaried
employees in the Shipping and Receiving Office. All seven employees
work in the same office, under the same supervision, and do factory
clerical work. Under these circumstances, we shall, in accordance
with our standard practice, include all seven factory clericals in the
production and maintenance unit,45 irrespective of the difference in
mode of payment.46
We find that all production and maintenance employees of the
Employer at its Nuttall Plant, 200 McCandless Avenue, Pittsburgh,
Pennsylvania, including group leaders, employees in the Shipping
and Receiving Office,47 testers, truck drivers, and salaried inspectors,
but excluding all clerical employees, engineers, all salaried employees
other than inspectors, guards, professional employees, and super-
visors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act. (Unit 6)
East Pittsburgh Works (Cases Nos. 5-EM-77, 78, 79)
At the East Pittsburgh Works, the Employer seeks to establish in
separate bargaining units the employees in the Trafford Micarta
Division of the Trafford Plant (Case No. 5-RM-78) and the em-
ployees in the Homewood Manufacturing and Repair Plant (Case
42 Local 601, UE, was certified for this unit in 1941, pursuant to Board decision (27
NLRB 1358).
93 The IUE apparently. agrees with the UT's position on this question.
4s The Association of Westinghouse Nuttall Employees (AWNE), an affiliate of the
Federation, was certified in 1941 for a salaried unit at the Nuttall plant. The AWNE
intervened in this case to protect its representative interest in the five salaried shipping
employees.
46 See cases cited in footnote 36, supra.
46 George TV. Prior Co., 86 NLRB 1259.
4T This category includes the hourly paid shipper and file clerk, and, in accordance with
our decision herein , also includes the five salaried employees in the Shipping and Receiving
Office.
WESTINGHOUSE ELECTRIC CORPORATION 19
No. 5-RM-79), both of which group are now included in the hourly
rated unit.48 The Employer's petition in Case No. 5-RM-77 seeks
an hourly rated unit, which, except for the exclusion of the two groups
referred to above, is identical with the existing certified and contract
unit. The UE and the IUE intervened in all three cases and opposed
the severances requested by the Employer, but indicated their desire
to represent these employees in any event. There is no disagreement,
however, with respect to the content of the units which the Employer
is seeking to sever. The Pattern Makers intervened in Case No.
5-RM-77, and seeks a separate unit of wood and metal pattern makers
at the Trafford Foundry; all the other parties object to this severance.
The East Pittsburgh Works contains the largest single group of
employees in the Westinghouse system. There are almost 13,000
employees located in a number of plants in East Pittsburgh. and
contiguous communities. The East Pittsburgh Works is organized
into 5 divisions : Transportation and Generator, Switch Gear, Feeder,
Factory Service, and Printing. Each division is under the immediate
supervision of a manager who reports to the manager of the East
Pittsburgh Works, a vice president of the Employer. There are over
500 employees in the Micarta Division and almost 400 at Homewood.
Trafford Micarta Division-This operation is conducted in one of
a group of buildings situated at Trafford, Pennsylvania, about 6 miles
from the main plant, in the East Pittsburgh Works. The Micarta
Division produces laminated products, half of which it sells to the
general public and half of which is used by the Employer. This
division was originally located in the main plant at East Pittsburgh,
but was moved to its present location in 1929. The employees in the
Micarta Division, as well as in the other plants at Trafford,49 have
been included in the East Pittsburgh production and maintenance
unit since the original 1937 certification and they have been covered
by the various collective bargaining contracts executed by the Em-
ployer and the UE. Employees may use their seniority "bumping"
privileges throughout the East Pittsburgh Works. As a result, 25
to 30 percent of the Micarta Division employees formerly were em-
ployed in other parts of the East Pittsburgh Works.
Prior to October 1949, the manager of the Micarta Division reported
to the manager of the East Pittsburgh Works. The Micarta manager
98 Local 001, UE, was originally certified for this unit in 1937, pursuant to Board decision
(3 NLRB 1), and was recertified in 1.941, also pursuant to Board decision (32 NLRB 188).
The Association of Westinghouse Salaried Employees, an affiliate of the Federation, was
certified for a salaried unit in 1940; certain tool designers and order clerks were carved
out of the hourly unit and added to the salaried unit in 1949, pursuant to Board decision
(Si NLRB 337).
49 These-include a Foundry Division and a Printing Division . All the Trafford buildings
are located on the same plot of ground and there is a common entrance for all of them.
889227-51-vol. 89-3
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
has been under the supervision of another vice president of the Em-
ployer since October 1, 1949. The record does not show that this
administrative shift has resulted in any change in the operation of
the Micarta Division. We do not believe that this shift in adminis-
trative responsibility, which has not yet resulted in any substantive
change other than that in top level executive responsibility, is a
sufficient basis for altering a unit that has been crystallized by cer-
tification and contract for 13 years.50 Accordingly, we shall include
the Micarta Division employees in the unit, and we shall dismiss the
petition in Case No. 5-RM-78.
Homewood Manufacturing and Repair Plant-This plant is located
in the opposite direction from Trafford, about 7 miles from the main
plant of the East Pittsburgh Works. It is a part of the Employer's
District Manufacturing & Repair Department (M & R), which is
divided into 8 Districts. The Homewood Plant is in the Central Dis-
trict and serves as the District Office. The M & R plants of the Em-
ployer, including Homewood, are engaged primarily in the servicing
and repair of customer apparatus, and in the manufacturing of non-
current products. Homewood also serves as a feeder plant for other
M & R Plants in that it furnishes such plants with parts and compo-
nents of larger apparatus. Homewood is one of the largest of the
Employer's 38 M & R plants, and has been a part of the certified and
contract hourly rated production and maintenance unit at East Pitts-
burgh since 1937. On the other hand, it is the only M & P. plant
which has not been established as a separate unit, as the other M & R.
plants have been established as separate bargaining units for
substantial periods of time.
As the employees in the Homewood Plant have been included in the
hourly rated production and maintenance unit at the East Pittsburgh
Works since 1937, and as no labor organization is seeking to establish
a separate bargaining unit for these employees, we believe that the
Homewood Plant appropriately should remain a part of the East
Pittsburgh production and maintenance unit. Accordingly, we shall
dismiss the petition in Case No. 5-RM-79.
The pattern makers-The Pattern Makers requests a separate unit
of all wood and metal pattern makers, wood pattern repairmen, and
pattern maker apprentices at the Trafford Foundry. These em-
ployees have heretofore been included in the certified and contract unit
represented by the UE. The Employer, the UE, and the IUE con-
tend that these employees should remain a part of the production and
maintenance unit. The Trafford Pattern Shop is the largest of the
4 pattern shops in the plants of the Employer and is the headquarters
co See Jordan Marsh Company, 80 NLRB 343.
WESTINGHOUSE ELECTRIC CORPORATION 21
for about 90 wood and metal pattern makers and apprentices. These
employees, it is clear from the record, not only work under separate
supervision, but also by virtue of the 4-year training apprenticeship
program maintained by the Employer for pattern makers, possess and
exercise all the traditional skills of the pattern makers' craft. The
Board has previously directed elections for similar pattern makers in
the other 3 plants.51 For similar reasons, we find that the pattern
makers under consideration may, if they so desire, appropriately con-
stitute a separate -unit; accordingly, we shall establish for them a
separate voting group.
A question exists, however, in regard to the content of this voting
group, particularly with respect to the classifications of machine too]
operator, pattern molder, and pattern repairman.
With respect to machine tool operators, the Pattern Makers seeks
the inclusion of employees so classified. The other parties, although
objecting to any severance for pattern makers, agree that machine
tool operators may be included in any severed group of pattern makers.
The machine tool operators are experienced machinists who work
a] most exclusively on metal patterns. They work in the Pattern Shop
at Trafford under the pattern foreman. However, as there are other
machinists in the over-all unit doing comparable machine tool work,
and as these operators do not exercise the craft skills of pattern makers
to the extent required for their inclusion therewith, we shall, con-
sistent with the agreed exclusion of such other machinists, exclude
the machine tool operators from the pattern makers voting group."
The pattern molders make the rough metal casting which the metal
pattern makers turn into a, completed metal pattern. The Employer,
but not the unions, would include the molders in any severed pattern
makers unit. As the record reveals that the pattern molders do not
exercise the craft skills of pattern makers, we shall exclude these
employees from the separate voting group.53
A different situation, however, exists with respect to the pattern
repairmen whom all unions would include in the pattern makers
group; 54 It is clear that the duties of pattern repairmen are aligned
only with those of the pattern makers and not with duties of other
employees. Thus, the pattern repairmen replace lost and damaged:
parts of patterns; they work primarily on patterns withdrawn from
storage for further use. The pattern repairmen are recruited from
older members of the pattern makers' craft. They exercise pattern
61 Westinghouse Electric Corporation, 75 NLRB 978 (South Philadelphia Works) ;
Westinghouse Electric Corporation, 75 NLRB 638 (Cleveland) ; Westinghouse Electrid
Corporation , 69 NLRB 215 (East Springfield Works).
62 The Westinghouse Air Brake Company, 85 NLRB 1133.
53 Ibid.
54 Ibid. The Employer alone would exclude these employees.
22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
makers' skills, although their tasks do not require the high degree of
skill that the journeyman pattern maker exercises. We shall, accord-
ingly, include pattern repairmen in the voting group of pattern
makers.
There are various other employees in the Pattern Shop at Trafford
who do Work related to that of the pattern makers but who do not
possess or exercise the craft skill of the pattern makers. All the
parties agree to the exclusion of such employees from any separate
'pattern makers unit. We shall, therefore, exclude from the voting
group employees in the following classifications : carpenter, common
laborer, drill pressmen, handyman, repairman,55 and band or circular
'saw men.
We shall direct that a separate election be held in the pattern makers'
-voting group set forth below. If the employees in this voting group
select the Pattern Makers, they will be taken to have indicated their
desire for separate representation.
We shall direct that separate elections be held in the following
groups at the Employer's East Pittsburgh Works (including the
Homewood Manufacturing and Repair Plant, and its plants in the
boroughs of East Pittsburgh and Turtle Creek, Pennsylvania, its
plants in Wilkins Township, Pennsylvania, and its plants at Traf-
ford, Pennsylvania)," and we shall defer our finding as to the scope
of the hourly rated unit at the East Pittsburgh Works, as indicated
above, until the results of these elections have been ascertained :
(1) All hourly -rated employees, including group leaders, and all
telephone maintenance employees, but excluding all salaried employees
other than salaried telephone maintenance employees, all employees in
Voting Group 5, guards, professional employees, and supervisors as
defined in the Act. (Voting Group 4)
(2) All wood 57 and metal pattern makers, wood pattern repair-
men, and pattern maker apprentices in the East Pittsburgh Works,58
excluding machine tool operators, pattern molders, carpenters, com-
mon laborers, drill pressmen, the handyman, the repairman, band or
ea This employee makes repairs on tools and machines, and is to be distinguished from
the pattern repairman.
as Including the Micarta Division at Trafford.
57 Excluded, however, are employees classified as wood pattern makers, labor grade 7.
All parties agreed that these employees work in the foundry and do not perform pattern
making functions.
68 We have made -this voting group coextensive with the unit from which the Pattern
Makers seek severance. T. C. King Pipe Company, et at., 74 NLRB 468. Included in this
voting group, therefore, would be any pattern makers in the East Pittsburgh Works.
Mention was made at the hearing of several wood pattern makers at the Employer's Linhart
Plant, another plant in the East Pittsburgh Works. However, no evidence was offered,
other than job descriptions, as to the work done by these employees. If they are indeed
skilled members of the pattern makers' craft, they would be included in this voting group.
WESTINGHOUSE ELECTRIC CORPORATION 23
circular saw men, and supervisors as defined in the Act. (Voting
Group 5 )
The Swnbwr°y Plant (Case No. 5-RM-68)
The Employer's petition in this case requests a production and
maintenance unit substantially in accord with. the existing. certified
and contract unit.50 The Employer would, however, exclude certain
technical employees; the intervening unions would include them. The
Employer manufactures home radio and television receivers at the
Sunbury Plant.
There are nine employees in dispute. Five are classified as experi-
mental mechanics, and four as cabinet model makers A. These jobs
were not in existence at the time of the certification, but the UE has
represented these employees as part of the contract unit. All nine
employees work in the Engineering and Research Department 60 and
are located apart from the production and maintenance employees.
The experimental mechanics prepare metal chassis or wood mock-up
of chassis and other metal parts for the engineers to use, primarily,
for experimental purposes. The cabinet model makers do comparable
work on cabinets for the designers. All these employees are. highly
skilled, and their wage rates are among the highest in the plant. How-
ever, there are other employees in the unit with equal or greater skills,
such as tool and die makers, whose rates of pay are as high or higher
than the employees under consideration. The record shows, further-
more, that similar employees are included in production and mainte-
nance units at other plants of the Employer. The Employer does not
contend that these employees are professionals. Under these circum-
stances, and in view of the fact that no labor organization is seeking
to represent them separately, we shall include the experimental
mechanics and the cabinet model makers A in the unit hereinafter
found appropriate.
We find that all production and maintenance employees of the
Employer at its Sunbury Plant, 1354 Susquehanna Avenue, Sunbury,
Pennsylvania, including inspectors, production clerks and helpers,
group leaders, experimental mechanics and cabinet model makers A,61
but excluding clerical employees, chief production clerks, guards, pro-
fessional employees, and supervisors as defined in the Act, constitute
61 The UE was certified for this unit in 1943 pursuant to Board decision (50 NLRB 427).
The UE and the IUE intervened in this case.
80 The other employees in this department have , in practice , been excluded from the
bargaining unit, apparently because of their professional status.
81 There is also a job description for cabinet model makers B at Sunbury, but there are
no employees in that job classification at this time.
24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act. (Unit 7) .
Bloomfield Works (Cases Nos. 5-RM-43, 44)
In Case No.. 5-RM-44, the Employer requests a production and
maintenance unit in substantial accord with the existing certified and
contract unit 62 The parties stipulated as to the content of this unit.
All parties are also in agreement as to the general scope of the salaried
unit requested by the Employer in Case No. 5-RM-43,63 but there is
dispute with respect to certain categories of employees. The Em-
ployer would exclude six employees as staff assistants. The UE and
the Federation are agreeable to the exclusion of these employees from
the unit, but the IUE only agrees to the exclusion of four of them.
The parties are unable to agree, however, as to the exclusionary de-
scription. The Employer would also exclude methods engineers from
the salaried unit. The UE and the IUE would include these em-
ployees, but the Federation takes no position as to them.
The staff assistants-As noted above, the Employer proposes to ex-
clude from the salaried unit "staff assistants to division heads or the
general manager." All parties agree that this exclusion covers six
employees of whom five are classified as administrative staff assistants
and the sixth employee is classified as an industrial relations assistant.
None of these employees have been included in the salaried unit.
These employees represent the Employer in labor relations matters,
investigate grievances, participate in wage rate reviews, and interview
prospective employees. Although not every one of these employees
performs all the above functions, the record clearly reveals that each
of the six does do confidential work closely allied with management
functions. We shall, therefore, exclude the administrative staff as-
sistants and the industrial relations assistant from the unit as man-
agerial employees.
The methods engineers-These employees recommend and carry out
recommendations for changes in methods and equipment to achieve
more efficient production. They also recommend new procedures and
materials and carry out cost reduction programs. There are at the
62 Local 410 , UE, was certified for this unit in 1940 pursuant to Board decision (24
NLRB 807). The UE and the IUE intervened in this case.
e3 The UE was originally certified for this unit in 1943. The UE, the IUE, and the
Federation intervened in this case . The Association of Technical and Professional Employ-
ees and the Association of Engineers in the Bloomfield , New Jersey , plant of Westinghouse
Electric Corporation also intervened at the hearing to protect their interests in two groups
of technical and engineering employees for which they were certified in 1948 pursuant to
the Board ' s decision in 80 NLRB 591. These two certified groups of employees are
specifically excluded from the salaried unit requested by the Employer , and none of the
other unions are claiming 'to represent them.
WESTINGHOUSE ELECTRIC CORPORATION 25
Bloomfield Works 11'such employees who have heretofore been ex-
cluded from the salaried unit.64 The methods engineers do work and
are required to have educational backgrounds that are comparable to
the time-study employees we have considered earlier herein. We are
of the opinion that the methods engineers are professional employees
within the meaning of Section 2 (12) of the Act, and we shall establish
a separate voting group for such employees. If the employees in this
voting group select a bargaining representative different from that
selected in the salaried group, they will be taken to have indicated a
desire for separate representation. If they select the same organiza-
tion as that selected in the salaried group, they will be taken to have
indicated their desire to be included in the salaried unit.
We shall, therefore, direct that separate elections be held in the
following groups at the Employer's Bloomfield Works, McArthur
Avenue, Bloomfield, New Jersey, while deferring our finding as to the
scope of the salaried unit, as indicated above, until the results of these
elections have been ascertained :
(1) All salaried employees, including time and motion analysts
111 '65 but excluding job analysts, patent attorneys,, employment inter-
viewers, secretaries,66 buyers,67 administrative staff assistants, the in-
dustrial relations assistant,"' employees in the Paymaster-Cashier's
Office '61 employees in the Research Department classified as technician
specialists, laboratory technicians, laboratory assistants or laboratory
attendants, all engineers, assistant engineers, junior engineers, produc-
tion specialists, test engineers, maintenance engineers, plant lay-out
engineers, all employees in voting Group 7, all other professional em-
"The classification " methods engineers " is a relatively new one at this plant. The
original certification for the salaried unit excluded rate setters ; such employees are not
classified as methods engineers or job analysts.
65 The record reveals that the six employees in this job classification do not do time-
study work and that their job description is in the process of being changed to a more
appropriate one. All parties agree to the inclusion of the six employees in the unit.
In this connection , it should be noted that time-study employees were added to the
salaried unit represented by the UE as the result of a Board certification in 1944. How-
ever, the present record discloses that there are no time-study employees at the Bloomfield
works such as are employed in other plants of the Employer. Accordingly, we have
granted the Employer's request to withdraw its separate petition in Case No. 5-112\1-42 for
time-study employees. See footnote 7., supra.
66 Secretary -stenographers are included in the unit.
67 Assistant buyers are included in the unit.
68 This is one of the exclusions discussed above. Only one employee is so classified at
this time.
6 There are two clerks in this category. The Employer, the UE, and the IUE agree that
these employees have always been excluded from the unit and. that they should now be
excluded. The Federation, however, would include them. We do not agree with the
Employer ' s contention that the Federation has no status to raise this question. See
footnote 3, supra. However, the record does not contain sufficient evidence to warrant
our including these two employees in the unit in the face of the contrary bargaining.
history.
26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees,70 guards, and supervisors as defined in the Act. (Voting
Group 6)
(2) All methods engineers. (Voting Group 7)
We find that all production and maintenance employees of the
Employer at its Bloomfield Works, McArthur Avenue, Bloomfield,
New Jersey, including group leaders, but excluding all salaried engi-
neers, technical and clerical employees, guards, professional employees,
and supervisors as defined in the Act, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act. (Unit 8)
Trenton Works (Case No. 5-RM-69)
The Employer requests a production and maintenance unit in this
case which is practically identical with the existing certified and con-
tract unit.71 The parties are in disagreement as to the unit placement
of three clerks and four watchmen. The Employer would exclude,
and the unions would include these employees in the unit.
The two lead wire clerks and the coil clerk are the only hourly paid
clerical employees at the Trenton Works. They work in a "Produc-
tion Office," are under the supervision of the production supervisor,
and were referred.to by a management representative at the hearing
as "production clerks." The record reveals that they do the work of
factory clericals such as we have repeatedly included in production
and maintenance units.- In view of these facts, and because they
have been represented by the UE as part of the certified unit, we shall
include the lead wire clerks and the coil clerk in the appropriate unit.
There are two uniformed gate watchmen and two inside watchmen
at the Trenton Works. These employees perform the usual functions
of plant protection employees, and we shall, therefore, exclude them
from the unit in accordance with the provisions of the amended Act.73
We find that all production, maintenance, and warehouse employees
of the Employer at its Trenton Works, 400 Pennington Avenue, Tren-
70 Excluded as professionals , in accordance with the agreement of all parties , are certain
nurses heretofore included in the salaried unit.
71 The UE was certified for this unit in 1941 pursuant to Board decision (32 NLRB 274).
The UE and the IUE are Intervenors in this case.
72 See footnote 36, supra.
73 Section 9 (b) (3). Rubber Corporation of America , 88 NLRB 922 . The watch-
men were included in the unit in our decision which preceded the certification in this case.
32 NLRB 274.
Although one of the inside watchmen spends about 20, percent of his time each week
on production duties, he is properly excluded from the unit as a majority of his working
time is devoted to watchmen duties. Steelweld Equipment Company, Inc., 76 NLRB 831.
Another employee does watchman work periodically during the year but a large majority
of his time is spent in maintenance work. The Employer agrees that this employee should
be included in the unit.
WESTINGHOUSE ELECTRIC CORPORATION 27
ton, New Jersey, including group leaders, the lead wire clerks, and the
coil clerk, but excluding all office, clerical, and technical employees,
guards, professional employees, and supervisors as defined in the Act,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act. (Unit 9)
South Philadelphia Works (Cases Nos. 5-RM--63, 64, 65, and 66)
In these four cases, the Employer in effect seeks to reconstitute two
of the three 74 units at the South Philadelphia Works into four sepa-
rate units. The Employer would establish a basic hourly paid unit 75
and a separate unit for salaried employees; 7f it would also establish a
separate unit of time-study men 77 and a separate professional unit,78
consisting mainly of engineers, excluding the employees in both these
units from the salaried unit. The UE and the IUE intervened in all
these cases; the Federation intervened in all except Case No. 5-RM-
65. The UE and the IUE opposed the creation of separate hourly
and salaried units, and insist upon the retention of the present con-
tract units.79 The Federation, on the other hand, agrees with the
Employer's unit contentions. All the unions oppose the creation of
a separate unit for the time-study men. The UE and the IUE oppose,
but the Federation is agreeable to, the establishment of a separate
,professional unit.
Scope of the Units
.On May 25, 1937, the UE was certified in a consent proceeding for
"all hourly-paid employees" at the South Philadelphia Works. On
July 1, 1937, after a consent election, Local 107, UE, was certified for
"certain salaried employees" in four named departments in the shop
area of the South Philadelphia Works. For the next several years,
another union was recognized by the Employer as the bargaining
representative for other salaried employees in the engineering de-
partment. From 1940 to 1945, the Employer dealt with Local 107,
UE, as the representative of both these salaried groups. After a con-
sent election in 1945, Local 107, UE, was certified for a unit of all
employees, other than hourly paid employees, in certain named de-
partments. This certification covered, with exceptions not here
pertinent, all salaried employees in the South Philadelphia Works
'" The third unit consists of guards and is not in issue in this proceeding.
" Case No. 5-R7NI-65.
vc Case No. 5-RM-66.
Case No. 5-RM-63.
7s Case No. 5-RM-64.
As indicated below, there is a separate contract unit for all employees in the Office
Building.
28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other than employees in the Office Building. In 1941, Local 107, UE,
following a consent proceeding, was certified for all employees in the
Office Building. The Office Building had just been erected and pro-
vided quarters for the bulk of the salaried office employees in the South
Philadelphia Works. These employees had theretofore been scat-
tered throughout the shop area, most of them having been included in
the existing salaried units.
Local 107, UE, has been the contract representative for the hourly
paid, salaried, and Office Building units since 1937, 1940, and 1941,
respectively. For at least the last 3 years, the hourly paid and
salaried employees have been combined into one unit in the contract.
We believe, in conformity with the contention of the Employer and
the Federation, that separate hourly paid and salaried units are ap-
propriate at the South Philadelphia Works. This conclusion is con-
sistent with our prior certifications of such units and also with the
prevailing unit pattern at other plants of the Employer. Further-
more, and this is decisive of the matter, the separation of the units
is in accord with established Board policy to exclude office clerical
and technical employees from a production and maintenance unit. The
salaried unit which we certified at the South Philadephia Works con-
sists, essentially, of office clerical, technical, and professional em-
ployees; it is apparent that the collective bargaining interests of such
employees differ substantially from hourly paid production and
maintenance employees.
With respect to the scope of the salaried unit, we are of the
opinion that it is inappropriate to retain the existing unit of Office
Building employees. We certified this unit as the result of a consent
proceeding. The unit consists primarily of salaried office clerical
employees, and, although the record is not clear in this respect, the
unit apparently includes other salaried employees. The record re-
veals that there are office clericals in the salaried unit. We see no
reason for the arbitrary grouping of certain employees into a sepa-
rate unit merely because they work in the same building. The Office
Building is part of the South Philadelphia Works, and there is no
more reason for a separate bargaining unit there than in one of the
many other buildings included in the South Philadelphia Works.
We shall, therefore, include the Office Building employees in the
salaried unit.
The hourly paid production and maintenance employees and the
salaried employees in the South Philadelphia Works shall, therefore,
constitute separate appropriate units. As the parties are not in
dispute with respect to the unit composition of the hourly paid unit,
we proceed to a determination of the content of the salaried unit.
WESTINGHOUSE ELECTRIC CORPORATION 29
The Salaried Unit
Time-study men.-We have already decided that these employees
are professional employees under the Act and we shall include them
in the separate professional voting group hereinafter found
appropriate.
Engineers.-At the South Philadelphia. Works, the Employer is
primarily engaged in the manufacture of steam, gas and marine tur-
bines, and aviation gas turbines (jet engines). Many of the turbines
are manufactured for customers upon specifications, and single orders
may run as high as a million dollars. Some of the smaller turbines
are produced for stock. Sales, engineering, and research activities
in connection with these products, as well as for the Stoker Depart-
ment,90 are. all located at the South Philadelphia Works.
In connection with the manufacture and sale of the above products,
the Employer utilizes the services of various categories of engineers.
These include general engineers, design engineers, development en-
gineers, laboratory or materials engineers,8i headquarters serv-
ice engineers, plant layout engineers, standards engineers, draw-
ing list engineers, shop contact engineers, and junior engineers . 112
Sales Department engineers are classified as negotiation correspond-
ents. There are altogether approximately 271 engineers in this group.
The Employer would exclude all of them from the salaried unit as
professional employees and establish them in a separate unit. The
Employer would also include in this professional unit a group of 12
employees classified as laboratory technicians and a group of 9 em-
ployees classified as technical writers. As stated above, the Feder-
ation is in agreement with the Employer's position in this respect,
but the UE and the TUE contend that these employees are not pro-
fessionals. All of these employees have been considered a part of the
salaried unit certified in 1945 and have been bargained for by Local
107, UE, as part of the combined hourly and salaried unit in the
contract. The UE and the IUE contend that the engineers and other
employees should remain a part of that unit.
We do not deem it necessary to describe in detail the work done
by the various types of engineers. The record reveals that engineer-
ing degrees from an accredited college is a job requirement for all
engineering positions at the South Philadelphia Works, that most of
the engineers have such engineering degrees or their equivalent, and
that those engineers who are not so qualified are older employees who
".Stokers are manufactured at the Attica works.
81 Also called metallurgical engineers.
8z All the engineers are in the Engineering Department except that the headquarters
service engineers are organizationally a part of the Service Department.
30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
have had technical educations and many years of engineering experi-
ence. We believe that the record conclusively demonstrates that the
engineers at the South Philadelphia Works are such as we have fre-
quently found to be professional employees within the meaning of
Section 2 (12) of the Act, and we shall include them in the separate
professional voting group.83
The laboratory technicians and technical writers work closely with
the engineers. The technicians make physical and chemical tests of
materials and act as advisers in this regard to the engineers. The
writers prepare complete technical, and engineering descriptions of
the component parts bf the various products manufactured at the
South Philadelphia Works for the benefit of customers, and they must
have a thorough understanding, from an engineering standpoint, of
the turbines and the other products with which they deal. All these
employees are required to have college degrees, although they need not
necessarily have the advanced scientific training required of the engi-
neers. We find that the laboratory technicians and technical writers
may appropriately be included in the professional voting group.
There are 31 employees classified as manufacturing engineers in the
South Philadelphia Works. The Employer contends that these em-.
ployees perform management functions and should be excluded from
any bargaining unit. The manufacturing engineers are highly quali-
fied engineers who essentially act as coordinators between the Manu-
facturing and Engineering Departments. They are not a part of the
Engineering Department but report directly to the manufacturing
superintendents. Although these employees are not supervisors, they
occupy a status comparable to that of general foremen. Manufac-
turing engineers have not been included in any of the certified units
and have not been represented by the UE for collective bargaining
purposes. The work they do is similar to that done by manufacturing
engineers at the Newark Works Who, all parties agreed, are managerial
employees and should be excluded from all collective bargaining units.
We so find here, and shall exclude the manufacturing engineers from
the professional voting group.
Three nurses at the South Philadelphia Works are now a part of the
salaried unit represented by Local 107, UE. The Employer would
exclude them from the professional voting group. The IUE agrees
81 See cases cited in footnote 26, supra. In support of their contention that the engineers
are not professional employees , the UE and the IUE sought to prove that the engineers
at the South Philadelphia Works are not licensed engineers in accordance with the
statutes of the State of Pennsylvania . No requirement of Pennsylvania law prevents
the Employer from utilizing the services of engineers in the operation of the South Phila-
delphia Works . The question of whether such engineers are professional employees must
be determined solely with reference to the Act. The fact that the engineers may not
have a license to practice their profession generally is irrelevant . See Westinghouse
Electric Corporation, 80 NLRB 591.
WESTINGHOUSE ELECTRIC CORPORATION 31
that the nurses are professional employees, the UE insists that the
nurses remain in the salaried unit, and the Federation takes no posi-
tion. We find that the nurses are professional employees under the
Act,' and we shall include them in the professional voting group ss
We shall, therefore, direct a separate election for all the employees
we have found to be professionals above. If the employees in the
professional voting group select the same organization as that selected
in the salaried unit, they will betaken to have indicated their desire to
remain a part of the salaried unit; if they do not, the professional
employees may then be separately represented.
The Employer would exclude 16 secretaries from the salaried unit
on the ground that they are confidential employees. The unions agree
to the exclusion of the secretary to the works manager and the secre-
tary to the industrial relations manager. As the record shows that
the supervisors for whom the other secretaries work do not exercise
managerial functions with respect to the Employer's general labor
relations policy, we shall include these secretaries in the unit.,,'
In accordance with the foregoing determinations, we shall direct
that separate elections be held in the following groups at the Employ-
er's South Philadelphia Works, Tinicum Township, Delaware County,
Pennsylvania, and we.shall defer our finding as to the scope of the
salaried unit, as indicated above, until the results of these elections
have been ascertained :
(1) All salaried employees, including salaried employees. in the
Office Building, but excluding industrial relations assistants, welfare
investigators, the secretary to the works manager, the secretary to the
industrial relations manager, internal auditors, budget accountants,
attorneys, manufacturing engineers, all employees in Voting Group 9,
guards, professional employees,s' and supervisors as defined in the
Act. (Voting Group 8)
(2) All engineers,88 negotiation correspondents, laboratory tech-
nicians, technical writers, nurses, time-study men, excluding manufac-
turing engineers. (Voting Group 9)
We find that all hourly paid production and maintenance employees
of the Employer at its South Philadelphia Works, Tinicum Township,
Delaware County, Pennsylvania, including group leaders, but exclud-
84 All parties stipulated as to the professional status of nurses at the Bloomfield works.
See footnote 70, supra.
86 See footnote 19, supra , for cases in which we have included various categories of
professional employees in a single voting group.
86 See cases cited in footnote 28, supra.
87 Excluded in this category are medical doctors.
88 This includes all engineers in the classifications referred to above and any other
engineers with similar professional qualifications.
32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing guards, professional employees, and supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act. (Unit 10)
Philadelphia Manufacturing and Repair
Plant (Case No. 5-RM-61)
The Employer requests a production and maintenance unit at this
plant. It contends that this unit, with the exception of the exclusion
of guards, is identical with the unit for which Local 111, UE, has
been bargaining on the basis of Board determinations.89 The UE
claims that four watchmen ought not be excluded from the unit as
guards, and both the UE and the IUE contend that production clerks
A should be included in the unit.
The record clearly reveals that the four watchmen are in fact typical
plant protection employees. They have no other duties. We shall
exclude them from the unit as guards.90
There are three classifications of production clerks, A, B, and C, '
at the Philadelphia Manufacturing and Repair Plant. We have
previously decided that production clerks A are managerial employees
and should be excluded from the hourly unit.91 Production clerks
B and C are a part of the hourly unit, but for the past 3 years the
Employer has had no employees in these classifications. Five em-
ployees are now classified as production clerks A, and these include
some of the former production clerks B and C. No reason has been
advanced requiring a change in our previous determination as to the
unit placement of production clerks A, and we shall exclude them.
For the purposes of clarity and in accordance with the agreement of
all parties, we shall specifically include production clerks B and C
in the unit.
The original unit for which the Employer was ordered to bargain
with Local 111, UE, included a shop clerk. As the record discloses
that the Employer has had no such employee classification at the plant
for a number of years, we shall eliminate this job classification from
the unit description.
89 In 1940, the Board found appropriate in this plant a unit of all hourly paid employees,
including the shop clerk, and ordered the Employer to bargain with Local •1.11, UE, for
this unit (22 NLRB 147). An affiliate of the Federation was certified for a salaried unit
in 1943. In 1944, following Board-ordered elections (54 NLRB 272), employees at this
plant classified as telephone operators and production clerks B and C were added to the
hourly unit. As the result of a consent election in 1948, the telephone operators voted to
become a part of the salaried unit.
The UE and the IUE alone are Intervenors in this case ; no petition was filed with respect
to the salaried unit.
B0 Rubber Corporation of America, footnote 73, supra.
91 54 NLRB 272,
WESTINGHOUSE ELECTRIC CORPORATION 33
We find that all hourly rated production and maintenance employ-
ees 92 at the Employer's Philadelphia Manufacturing and Repair
Plant, 3001 Walnut Street, Philadelphia, Pennsylvania, including
group leaders, salaried inspectors, and production clerks B and C,
but excluding production clerks A, telephone operators,93 guards,94 pro-
fessional employees, and supervisors as defined in the Act, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act. (Unit 11)
Jersey City Works (Cases Nos. 5-RM-48, 49, and 50)
In Case No. 5-RM-48, the Employer requests an hourly paid pro-
duction and maintenance unit that is substantially the same as the
present certified and contract unit 35 The only dispute as to this unit
is with respect to the inclusion of three hourly paid clerical employees.
The Employer would exclude, the unions would include, these clericals.
The two maintenance clerks and the toolroom clerks whom the Em-
cployer would exclude from the requested unit are the only hourly paid
clericals presently included in that unit. These employees are located
in, the shop area and are under the supervision of production and
maintenance foremen. We are satisfied from the record that these
clerks are factory clerical employees and we shall include them in
the unit."
The petition in Case No. 5-RM-50 describes a salaried unit of
office, clerical, and technical employees that conforms generally to the
existing certified and contract unit 97 However, the Employer would
exclude methods engineers (time-study employees) from this unit,
and by its petition in Case No. 5-RM-49, seeks to establish such
employees in a separate unit. All the unions oppose the exclusion
of the methods engineers from the salaried unit. The parties are
also in dispute with respect to the unit placement in Case No. 5-RM-50
of junior engineers, staff assistants, the internal auditor, budget ac-
countants, and the audit clerk.
9' The UE contract describes this unit as including all "production and maintenance"
employees ; the previous determinations refer to "hourly " employees . As there is a
separate : certification for salaried employees , we believe that the description used here
is more appropriate.
0 See footnote 89, supra.
94 Excluded as guards are the four watchmen.
95 Local 456, UE , was originally certified for this unit in 1943 . The UE and the IUE
Intervened . in this case.
90 See cases cited in footnote 36, supra.
97 The UE was certified for this unit in 1945. The UE, the IUE. and the Federation all
intervened in this ' case. All parties agree that assistant buyers remain a specific inclusion
in the salaried unit . Safety clerks , methods analysts, safety engineers , and order interpre-
tation engineers are also specific inclusions in the existing salaried unit . However, its
the record reveals that the employer no longer has any of these job classifications at the
Jersey City Works , we shall delete them from the unit description.
34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We have decided above that methods engineers 98 are professional
employees 99 and they will be included in the separate professional
voting group. Although junior engineers are presently specifically
included in the existing salaried unit, the Employer, contrary to the
contention of the intervening units, would exclude these employees
as professionals.
The Employer manufactures electric elevators, electric stairways,
and allied products at the Jersey City Works. It utilizes the services
of various types of engineers throughout the plant, and these engineers
have heretofore been excluded from all bargaining units. We have
no doubt that these engineers are professional employees within the
meaning of Section 2 (12) of the Act.10° The five junior engineers
have college engineering degrees and are expected to progress to the
higher engineering classifications. The work they do and the training
they receive is comparable to that of the junior engineers at the
Newark and South Philadelphia Works whom we have found to be
professional employees. As the record clearly shows that these junior
engineers completely satisfy the requirements of subsection (b) of
Section 2 (12) of the Act, we find them to be professional employees 1°1
Accordingly, we shall include the junior engineers in the separate
professional voting group. If,,in this separate election, a majority
of the employees in the voting group select the same labor organi-
zation as that selected by the employees in the salariedQunit, they will
be taken to have indicated their desire to remain in the salaried unit;
if they do not, they may be represented in a separate unit.
The Employer proposes specifically to exclude from the salaried
unit employees in the following classifications: Staff assistants to
department managers or the general manager, the internal auditor,
budget accountants, and the audit clerk.102 As it appeared that these
employees had in fact been excluded from the salaried unit, the IUE
did not oppose the specific exclusions. The UE agreed that these
employees had not been covered by its contracts but would not agree
to the exclusions as suggested. We see no reason to depart from the
"These time -study employees have been classified in the past under various other job
titles.
19 See footnote 16, supra.
1°° The status of these engineers is comparable to that of the engineers at the Newark
and South Philadelphia Works whom we have previously considered herein.
101 Section 2 (12) (b ) provides that the term "professional employee " means ". . . any
employee, who (i ) has completed, the courses of specialized intellectual instruction and
study described in clause ( iv) of paragraph ( a), and ( ii) is performing related work under
the supervision of a professional person to qualify himself to become a professional
employee as defined in paragraph ( a)." See Solar Manufacturing Corp ., 80 NLRB 1358.
102 There are five staff assistants, one internal auditor , two budget accountants , and one
audit clerk.
WESTINGHOUSE ELECTRIC CORPORATION 35
established bargaining unit, and we shall exclude the classifications in
question.
We shall direct that separate elections be held in the following
groups at the Employer's Jersey City Works, 150 Pacific Avenue,
Jersey City, New Jersey, and we shall defer our finding as to the
scope of the salaried unit in Case No. 5-RM-50, as indicated above,
until the results of these elections have been ascertained :
(1) All office, clerical, and technical employees, including assistant
buyers, but excluding all staff assistants to department managers or the
general manager, buyers, confidential salary payroll clerks, paymasters,
industrial relations employees; secretaries to company officers, man-
agers and assistant managers, purchasing agents, superintendents, and
factory accountants ; the internal auditor, budget accountants, the
audit clerk, all junior engineers, methods engineers and other profes-
sional employees, guards, and supervisors as defined in the Act. (Vot-
ing Group 10)
(2) All junior engineers and methods engineers. (Voting
Group 11)
We find that all hourly paid employees of the Employer at its Jersey
City Works, 150 Pacific Avenue, Jersey City, New Jersey, including
group leaders, but excluding all office,103 clerical, technical, and pro-
fessional' employees, timekeepers, guards, and supervisors as defined
in the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act. (Unit 12)
In the following cases,.with the exceptions noted in each instance,
all parties stipulated that the unit requested by the Employer was
appropriate. In each case the unit sought conforms to the existing
and certified contract unit.
Buffalo Works (Case No. 5-.RM-58)
All parties 104 agreed in this case that the existing production and
maintenance unit is appropriate, except that the UE and the IUE
oppose the exclusion of welders from the unit. In 1946, the Em-
ployer, the UE, and the Welders participated in a . consent election
proceeding as a result of which the Welders was certified for a unit
of Welders and welder apprentices. The Welders has represented this
unit since that time, and is presently the contract representative for
109 All parties stipulated that tool designers, even though they work in the office area,
are included in this unit.
104 The UE, the IUE, the Welders, and the IAM intervened in this case.
889227-51-vol. 89-4
36 DECISIONS 'OF- NATIONAL LABOR RELATIONS BOARD
such employees. Since 1946, the employees in the Welders unit have
been excluded from the production and maintenance unit represented
by the UE. Under these circumstances, we shall exclude the welders
and welder apprentices from the unit found appropriate herein.1115
We find that all production and maintenance employees of the
Employer at its Buffalo Works, 4454 Genesee Street, Buffalo, New
York, including group leaders, cafeteria employees, powerhouse em-
ployees, and truck drivers, but excluding office, clerical and plant
clerical employees, regular welders and welder apprentices (excluding
machine welders), guards, professional employees, and supervisors
as defined in the Act, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.105 (Unit 13)
Buffalo Manufacturing and Repair Plant (Case No. 5-RMb1-60)
We find that all production and maintenance employees of the
Employer at its Buffalo Manufacturing and Repair Plant, 1132 Seneca
Street, Buffalo, New York, including group leaders, and janitor-watch-
melI,107 but excluding salaried office and clerical employees , draftsmen,
guards, professional employees, and supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 ( b) of the Act . 1011
(Unit 14)
East Springfield Works (Case No. 5-RM-38)
We find that all production and maintenance employees of the Em-
ployer at its East Springfield Works, 653 Page Boulevard, Springfield,
Massachusetts, including group leaders, shop clerical employees, ship-
ping and receiving clerks, tool and die makers, tool designers, test and
inspection employees, repairmen, firemen and operating engineers,
and truck drivers, but excluding all salaried office, clerical (other than
shop clerical), technical, and engineering employees, manufacturing
engineers, draftsmen, all employees engaged in the making, altering,
and repairing of patterns,109 guards, professional employees, and super-
visors as defined in the Act, constitute a unit appropriate for the
105 Allis-Chalmers Manufacturing Company, 84 NLRB 30.
1w A predecessor of Local 1581, Ur, was certified for this unit in 1946. An affiliate of
the Federation also was certified in 1.946 for a salaried unit.
107 As these employees spend 75 percent of their time doing maintenance work, we shall
not exclude them as guards. Steclweld Equipment Company, Inc., footnote 74, supra.
108 Local 315, TJE, was certified for this unit in 1942, pursuant to Board decision (42
NLRB 1341). The UE and the IUE intervened in this case.
100 The Pattern Makers is the contract representative of these employees pursuant to a
Board certification in 1946. See 69 NLRB 215. Ave therefore exclude the pattern making
employees. See Allis-Chalmers Manufacturing Company, footnote 105, supra.
WESTINGHOUSE ELECTRIC CORPORATION 37
purposes of collective bargaining within the meaning of Section
9 (b) of the Act.110 (Unit 15)
Fairmont Manufacturing and Repair Plant (Case No. 5-RM-84)
We find that all production, maintenance, and service employees
of the Employer at its Fairmont Manufacturing and Repair Plant,
Tenth and Beltline Streets, Fairmont, West Virginia, including group
leaders, truck drivers, shippers and receivers, and stock room work-
ers,111 but excluding office employees, guards, professional employees,
and supervisors as defined in the Act, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.112 (Unit 16)
Sharon Works (Case No. 5-RM-90) .
We find that all hourly paid production and maintenance employees
of the Employer at its Sharon Works, 469 Sharpsville Avenue, Sharon,
Pennsylvania, including group leaders, all salaried employees in the
Tool Department, salaried inspectors, employees in the Production
Department, and employees in the Stores and Shipping Department,
but excluding all other office and clerical employees,"' laboratory tech-
nicians, employees in the Purchasing Department, time-study em-
ployees, guards, professional employees, and supervisors as defined
in the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.114
(Unit 17)
Mansfield Works (Cases Nos. 5-RM-98; 5-RM-100)
We find that the following groups of employees of the Employer
at its Mansfield Works, 246 East Fourth Street, Mansfield, Ohio,
separately constitute units appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act:
110 The Employer was ordered to bargain with Local 202, UE, for substantially this
same unit in 1940. (22 NLRB 147 ). Certain additions were made to the unit as a result
of a Board certification in 1942 ( 38 NLRB 178 ). An affiliate of the Federation was
certified for a salaried unit in 1945 . The UE and the IUE intervened in this case. The
Pattern Makers also intervened to protect their contract unit.
111 The original certification and the current UE contract refer to these employees as
"store room workers."
12 This is the contract unit for which a predecessor of Local 627 , UE, was certified in
1941 , pursuant to Board decision ( 33 NLRB 39 ). The UE and the IUE intervened in
this case.
113 All parties agreed that this exclusion did not apply to employees in the departments
specifically included.
"'This is the contract unit for which the UE was certified in 1944 , pursuant to Board
decision ( 54 NLRB 1184 ). An affiliate of the Federation was certified for a salaried unit
in 1940 . The UE, the IUE, and the IBEW intervened in this case.
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(1) All production and maintenance employees, including group
leaders, tool designers, and hourly paid factory production clerks, but
excluding all other clerical employees, design and technical engineers,.
draftsmen; time-study employees, guards, professional employees, and
supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.115 (Unit 18)
(2) All clerical employees, excluding all hourly paid factory pro-
duction clerks, tool designers, engineers other than grades B. and C,,
industrial methods engineers, clerical staff specialists, instructors,
nurses, resident inspectors, field production specialists, purchase ex
peditors, buyers, sales and advertising specialists, home economics em
ployees, confidential employees, all employees in the Appliance
Engineering, Refrigeration Cabinet Engineering, Industrial Heating
Engineering, and Works Engineering Departments, guards, profes-
sional employees, and supervisors as defined in the Act, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.16 (Unit 19)
Derry Works ( Case No. 5-ISM-76)
We find that all production and maintenance employees of the
Employer at its Derry Works, West Third Street , Derry, Pennsyl-
vania, including group leaders, but excluding clerical and technical
employees , guards, professional employees , and supervisors as defined
in the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 ( b) of the Act117 (Unit
20)
Cleveland Plant (Case No. 5-8111-93)
We find that all production and .maintenance employees of the Em-
ployer at its Cleveland Plant, 1216 West 58th Street, Cleveland, Ohio,
including group leaders, powerhouse,. salvage, stockroom, shipping,
and toolroom employees, but excluding all office and clerical employees,
16 This unit combines three separate units for which Local 71.1. UE, was certified. The
basic unit was established pursuant to Board decision in 1940 ( 24 NLRB 601). The
UE and the IUE intervened in this case.
SIG The UE was certified for this unit in 1944. An affiliate of the Federation was also
certified in 1944 for a salaried unit . The UE , the IUE , and the Federation intervened
in this case.
11T Local 612, UE , was certified for this unit in 1940 , pursuant to Board decision (18
NLRB 261). An affiliate of the Federation was certified for a salaried unit in 1941. The
UE and the IUE intervened in this case.
WESTINGHOUSE ELECTRIC CORPORATION 39
wood and metal pattern makers and apprentices, polishers, buffers,
:spinners, platers and their helpers, maintenance electricians (includ-
ing helpers and group leaders), guards, professional employees, and
:supervisors as defined in the Act, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act 118 (Unit 21)
Cleveland Manufacturing and Repair Plant (Case No. 5-RM-92)
We find that all production and maintenance employees of the
Employer at its Cleveland Manufacturing and Repair Plant, 5901
Breakwater Avenue, Cleveland, Ohio, including group leaders, but
excluding all clerical employees, guards, professional employees, and
-supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
,of the Act 119. (Unit 22)
Manor Works ( Case No. 5-RM-81)
We fund that all hourly paid production employees of the Employer
:at its Manor Works, Penn Township , Westmoreland County, Pennsyl-
vania, including group leaders , but excluding all salaried employees,
guards, professional employees , and supervisors as defined in the Act,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 ( b) of the Act 120 (Unit 23)
St. Louis Manufacturing and Repair Plant ( Cases Nos . 5-RM-105;
5-RC--539) 121
We find that all production and maintenance employees of the Em-
ployer at its St. Louis Manufacturing and Repair Plant, 1601 South
Vanderventer Avenue, St . Louis, Missouri, including group leaders,
shipping , and storeroom employees , but excluding clerical employees,
design engineers, draftsmen , time-study engineers , guards, profes-
sional employees, and supervisors as defined in the Act , constitute a
"'This is the present contract unit for which the UE was certified in 1944, pursuant
to Board decision (53 NLRB 1073). An affiliate of the Federation represents a salaried
unit pursuant to a certification in 1940. The UE and the IUE intervened in this case.
The Pattern Makers and the IBEW also intervened in order to protect their interests
with respect to the pattern making and maintenance electrician units for which they were
certified in 1948.
119 This is the contract unit for which the UE was certified in 1944. An affiliate of the
Federation is the certified representative for a salaried unit in this plant. The UE and
the IUE intervened in this case.
129 This is the contract unit for which Local 601, UE, was certified in 1940, pursuant to
Board decision (26 NLRB 844). The UE and the IUE intervened in this case.
121 The IBEW' s petition in Case No. 5-RC-539 seeks the same unit as that requested by
the Employer in Case No . 5-RM-105.
40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.122 (Unit 24)
Johnstown Manufacturing and Repair Plant (Case No. 5-RM--88)
We find that all production, maintenance, and service employees in
the Manufacturing and Repair Department of the Employer at its.
Johnstown Manufacturing and Repair Plant, 107 Station Street,.
Johnstown, Pennsylvania, including group leaders, drivers, storeroom
clerks, shippers, and receivers, but excluding all office employees,.
guards, professional employees, and supervisors as defined in the Act,,
constitute a unit appropriate for the purposes of collective bargaining:
within the meaning of Section 9 (b) of the Act.123 (Unit 25)
Huntington Manufacturing and Repair Plant (Case No. 5-RM-87y
We find that all production and maintenance employees of the Em-
ployer at its Huntington Manufacturing and Repair Plant, 1029'
Seventh Avenue, Huntington, West Virginia, including group leaders,.
but excluding all clerical employees, sales office employees, guards,,
professional employees, and supervisors as defined in the Act, consti-
tute a unit appropriate for the purposes of collective bargaining within.
the meaning of Section 9 (b) of the Act 124 (Unit 26)
Detroit Manufacturing and Repair Plant (Case No. 5-RM-91)
We find that all production and maintenance employees of the Em-
ployer at its Detroit Manufacturing and Repair Plant, 5757 Trumbull
Avenue, Detroit, Michigan, including group leaders, and all employees
directly associated with production in the Repair, Manufacturing, and
Warehouse Departments, but excluding office and clerical employees,
guards, professional employees, and supervisors as defined in the Act,.
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act125 (Unit 27)
Indianapolis Manufacturing and Repair Plant (Case No. 5-RM-101)
We find that all production, maintenance, and repair employees of
the Employer at its Indianapolis Manufacturing and Repair Plant,
551 West Merrill Street, Indianapolis, Indiana, including group lead-
""This is the contract unit for which the UE was certified in 1945, pursuant to Board
decision ( 59 NLRB 1504 ). The UE, the IUE , and the IBEW are parties in these cases.
123 This is the contract unit for which Local 619 , UE, was certified in 1941, pursuant
to Board decision ( 30 NLRB 522 ). The UE and the IUE intervened in this case.
121 This is the contract unit for which the UE was certified in 1944. The UE and the
IUE intervened in this case.
121 This is the contract unit for which the UE was certified in 1945 . An affiliate of the
Federation was also certified in 1945 for a salaried unit. The UE and the IUE intervened
in this case.
WESTINGHOUSE ELECTRIC CORPORATION 41
ers, but excluding office and clerical employees, timekeepers, time-
study men, guards, professional employees, and supervisors as defined
in the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section- 9 (b) of the Act.126 (Unit
28)
Seattle Manufacturing and Repair Plant (Case No. 5-RM-106)
We find that all production and maintenance employees of the Em-
ployer at its Seattle Manufacturing and Repair Plant, 3451 East
Marginal Way, Seattle, Washington, including group leaders, but ex-
cluding office and clerical employees, guards, professional employees,
and supervisors as defined in the Act, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.127 (Unit 29)
Chicago Sales Warehouse (Case No. 5-RM11-104)
We find that all hourly paid employees of the Employer at its Chi-
cago Sales Warehouse, 2211 Pershing Road, Chicago, Illinois, including
group leaders, elevator men, and janitors, but excluding clerical em-
ployees, guards, professional employees, and supervisors as defined in
the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.128 (Unit
30)
Chicago Manufacturing and Repair Plant (Case No. 5-RM-10^)
We find that all production, maintenance, and service employees of
the Employer at its Chicago Manufacturing and Repair Plant, 3900
West 41st Street, Chicago, Illinois, including group leaders, but ex-
cluding clerical and salaried employees, guards, professional em-
ployees, and supervisors as defined in the Act, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.129 (Unit 31)
Los Angeles Manufacturing and Repair Plant
(Case No. 5-RM-110)
We find that all production and maintenance employees of the
Employer at the Los Angeles Manufacturing and Repair Plant, 3383
128 This is the contract unit for which the UE was certified in 1944 . The UE and the
IUE intervened in this case.
12 This is the contract unit for which Local 1002 , UE, was certified in 1946 . The UE,
the IUE , and the IBEW intervened in this case.
128 This is the contract unit for which Local 1105 , UE, was certified in 1942. The UE
and the IUE intervened in this case.
'^This is the contract unit for which Local 1105 , UE, was certified in 1938 , pursuant
to Board decision ( 10 NLRB 794 ). An affiliate of the Federation was certified for a
salaried unit in 1947. The UE and the IUE intervened in this case.
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
East Gage Street, Huntington Park, California, including group
leaders, but excluding office and clerical employees, salesmen, drafts-
meil, guards, professional employees, and supervisors as defined in
the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.130
(Unit 32)
0
Los Angeles Lamp Division Warehouse (Case No. 5-RMti1-111)
We find that all hourly paid employees of the Employer at its Los
Angeles Lamp Division Warehouse, 2834 East 46th Street, Vernon,
California, including group leaders, but excluding office and clerical
employees, guards, professional employees, and supervisors as defined
in the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.131
(Unit 33)
Emeryville Manufacturing and Repair Plant (Case No. 5-RM-107)
We find that all production, maintenance, warehouse, and service
employees of the Employer at its Emeryville Manufacturing and
Repair Plant, 5815 Peladeau Street, and at its Sales Warehouse, 5840
Landregan Street, Emeryville, California, including group leaders,'
but excluding clerical employees, draftsmen, design engineers, guards,
professional employees, and supervisors as defined in the Act, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act131 (Unit 34)
Baltimore Works (Case No. 5-RM-73)
We find that all production and maintenance employees of the
.Employer at its Baltimore Works located at 2519 Wilkens Avenue
and 3601 Washington Boulevard'133 Baltimore, Maryland, including.
.group leaders and shop clerical employees,134 but excluding all salaried
130 Local 1421, UE , was certified in 1942 for a somewhat narrower unit than this (41
NLRB 1265 ). However, Local 1421 has in fact represented an over-all production and
maintenance unit at this plant , and all parties agreed to the above unit description. An
affiliate of the Federation was certified in 1941 for a salaried unit. The UE and the IUE
intervened in this case.
131 This is the contract unit for which the UE was certified in 1946. The UE, the IUE,
and the IBEW intervened in this case.
332 This is the contract unit for which Local 1412 , UE, was certified in 1941, pursuant
to Board decision ( 30 NLRB 1146 ). An affiliate of the Federation was certified for a
salaried unit in 1948. The UE, the ITE, and the IBEW intervened in this case. It
should be noted that the Employer at first sought a separate unit for the warehouse
employees , in Case No . 5-R111-109. We have granted the Employer ' s motion to withdraw
its petition in that case . See footnote 1, supra.
333 There were four plants in the Baltimore Works at the time of the original certification.
'There are now only two plants at the locations indicated.
114 All parties stipulated that 11 salaried shop clerical employees are presently included
in the certified ' production and maintenance unit. These employees are classified as : file
WESTINGHOUSE ELECTRIC CORPORATION 43
technical , office and office clerical employees , salaried time-study
clerks, clerical employees in the Production Planning Department,
guards, professional employees , and supervisors as defined in the Act,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act . 135 (Unit 35)
Baltimore Manufacturing and Repair Plant ( Case No. 5-RM-74)
We find that all production and maintenance employees at its Balti-
more Manufacturing and Repair Plant, 4015 Foster Avenue , Balti-
more, Maryland , including storekeepers and group leaders, but
excluding shipping-receiving clerks , clerical employees , confidential
employees , guards, professional employees , and supervisors as defined
in the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 ( b) of the Act 133
(Unit 36)
Attica Works (Case No. 5-RM-57)
We find that all production and maintenance employees of the
Employer at its Attica Works, 40 Favor Street, Attica , New York,
including group leaders, stockroom and shipping employees , receiving
clerks and inspectors , but excluding office and clerical employees,
guards,137 professional employees , and supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.'" (Unit 37)
Bridgeport Plant ( Case No. 5-RM-48)
We find that all hourly paid employees in the Production Depart-
ment of The Bryant Electric Company 130 at the Bridgeport Plant,
located at 1421 State Street and 1105 Railroad Avenue, Bridgeport,
clerk , record or receiving clerk , typist , Test Department clerk , works clerk , and material
disposition clerk . All parties also stipulated that 25 hourly paid shop clerical employees
are likewise a part of the certified production and maintenance unit . These employees are
classified as: receiving clerk , production clerk , and production clerk ' s helper. The parties
agreed that these 36 employees should remain a part of this unit.
138 This is the contract unit for which Local 130 , UE, was certified in 1943. An affiliate
of the Federation was also certified in 1943 for a salaried unit . The UE and the IUE
intervened in this case.
133 This is the contract unit, with the exception noted in footnote 135, for which Local 130
was certified in 1943 . The UE and the IUE intervened in this case.
137 Excluded in this category are the regular gateman and the three regular watchmen.
There is no dispute as to the former employee who has heretofore been excluded from the
unit ; the UE and the IUE contend , however, that the regular watchmen should continue
to be included in the unit . The record reveals that these employees perform the usual
duties of plant protection employees . See footnote 73, supra . As the two relief watchmen
do general labor work for more than 50 percent of their working time, we shall include
them in the unit . Steelweld Equipment Company, Inc., footnote 73, supra.
138 This is the contract unit for which the UE was certified in 1942. The UE and the
IUE intervened in this case.
139A wholly owned subsidiary of the Employer.
44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Connecticut, including group leaders, but excluding guards,' ° pro-
fessional employees, and supervisors as defined in the Act, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.Y41 (Unit 38)
Belleville Works (Case No. 5-RM-40)
We find that all production and maintenance employees of the Em-
ployer at its Belleville Works, 720 Washington Avenue, Belleville,
New Jersey, including group leaders and truck drivers, but excluding
all office and engineering employees, guards, professional employees,
and supervisors as defined in the Act, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.142 (Unit 39)
Wilkes-Barre Manufacturing and Repair Plant (Case No. 5-RM-71)
We find that all employees of the Employer at its Wilkes-Barre
Manufacturing and Repair Plant, 267 North Pennsylvania Avenue,
Wilkes-Barre, Pennsylvania, including group leaders, but excluding
salesmen, office employees, guards, professional employees, and super-
visors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.143 (Unit 40)
ORDER
IT IS HEREBY ORDERED that the petitions in Cases Nos. 5-RM-49, 52,
63, 78, and 79, be, and they hereby are, dismissed.
IT IS HEREBY FURTHER ORDERED that the requests of the Petitioners
in Cases Nos. 5-RM-42, 97, 109, and 5-RC-530, to withdraw the peti-
tions, be, and they hereby are, granted, and such cases are hereby
closed.
DIRECTION OF ELECTIONS 144
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, elections by secret
140 Excluded in this category are eight watchmen now included in the contract unit.
These employees perform usual plant protection functions . See footnote 73, supra.
141 This is the contract unit for which Local 209, UE, was certified in 1937. The UE
and the IUE intervened in this case.
142 This is the contract unit for which Local 410 , UE, was certified in 1940, pursuant to
Board decision (23 NLRB 521). The UE and the IUE intervened in this case.
143 This is the contract unit for which Local 1 .37, UE, was certified in 1941, pursuant to
Board decision (31 NLRB 616 ). The UE and the IUE intervened in this case.
144 The UE has raised a question in these cases concerning the use by the IUE of the
same local , union numbers as those used by the UE . The UE contends that the employees
will be confused by these designations . We are of the opinion that no confusion will result
WESTINGHOUSE ELECTRIC CORPORATION 45
ballot shall be conducted as early as possible, but not later than 30
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Fifth Region, and subject
to Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations, among the employees in the numbered units in para-
graph numbered 4, above, who were employed during the payroll
period immediately preceding the date of this Direction of Elections,
including employees who did not work during said payroll period
because they were ill or on vacation or temporarily laid off, but exclud-
ing those employees who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tions, and also excluding employees on strike who are not entitled to
reinstatement, to determine whether they desire to be represented, for
purposes of collective bargaining, by the labor organizations desig-
nated in each instance :
Voting Group 1.-By UE Local 426, United Electrical, Radio and
Machine Workers of America (UE), by Westinghouse Local 426,
IUE-CIO, International Union of Electrical, Radio and Machine
Workers, by the Federation of Westinghouse Independent Salaried
Unions, by the International Brotherhood of Electrical Workers, AFL,
.or by none.
Voting Groups 2 and 3.-By UE Local 426, United Electrical, Radio
and Machine Workers of America (UE), by Westinghouse Local 426,
IUE-CIO, International Union of Electrical, Radio and Machine
Workers, by the Federation of Westinghouse Independent Salaried
Unions, by the International Brotherhood of Electrical Workers, AFL,
by Meter Division Engineers Association, or by none.
Unit 1.-By UE Local 426, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 426, IUE-CIO,
International Union of Electrical; Radio and Machine Workers, by the
International Brotherhood of Electrical Workers, AFL, or by none.
Units 2 and 3.-By UE Local 627, United Electrical, Radio and
Machine Workers of America (UE), by Westinghouse Local 627, IUE-
CIO, International Union of Electrical, Radio and Machine Workers,
or by neither.
from the similarity in local union designations. See General Motors Corporation, et al.,
footnote 7, supra.
[By Order dated April 11, 1950, the Board granted a motion filed by counsel for Inter-
national Union of Electrical, Radio and Machine Workers, CIO, to substitute Westinghouse
Local 426, IUE-CIO, International Union of Electrical, Radio and Machine Workers in
place and stead of IUE-CIO, International Union of Electrical, Radio and Machine Workers
in Voting Groups 1 and 2 and 3 and in Unit 1 ; and to substitute Westinghouse Local 443,
IUE-CIO, International Union of Electrical, Radio and Machine Workers in place and
stead of IUE-CIO, International Union of Electrical, Radio and Machine Workers in
Unit 9.]
Any participant in the proceeding herein may, upon its prompt request to, and approval
thereof by, the Regional Director, have its name removed from the ballot.
0
46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Unit 4.-By UE Local 724, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 724, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, or by
neither.
Unit 5.-By UE Local 760, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 760, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, by
Liana Westinghouse Salaried Employees Association, affiliated with
the Federation of Westinghouse Independent Salaried Unions, or by
none.
Unit 6.-By UE Local 601, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 601, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, or by
neither.
Voting Group 4.-By UE Local 601, United Electrical, Radio and
Machine Workers of America (UE), by Westinghouse Local 601, IUE-
CIO, International Union of Electrical, Radio and Machine Workers,
or by neither.
Voting Group 5.-By UE Local 601, United Electrical Radio and
Machine Workers of America (UE), by Westinghouse Local 601, IUE-
CIO, International Union of Electrical, Radio and Machine Workers,
by Pattern Makers League of North America, AFL, or by none.
Unit 7.-By UE Local 630, United Electrical, Radio and Machine
Workers of America (UE), by IUE-CIO, International Union of
Electrical Radio and Machine Workers, or by neither. .
Voting Groups 6 and 7.-By UE Local 412, United Electrical, Radio
and Machine Workers of America (UE), by Westinghouse Local 412,
IUE-CIO, International Union of Electrical, Radio and Machine
Workers, by the Federation of Westinghouse Independent Salaried.
Unions, or by none.
Unit 8.-By UE Local 410, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 410, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, or
by neither.
Unit 9.-By UE Local .443, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 443, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, or
by neither.
Voting Groups 8 and 9.-By UE Local 107, United Electrical, Radio
and Machine Workers of America (UE), by IUE-CIO, International
Union of Electrical, Radio and Machine Workers, by the Federation
of Westinghouse Independent Salaried Unions, or by none.
0
WESTINGHOUSE ELECTRIC CORPORATION 47
Unit 10.-By UE Local 107, United Electrical, Radio and Machine
Workers of America (UE), by IUE-CIO, International Union of
Electrical, Radio and Machine Workers, or by neither.
Unit 11.-By UE Local 111, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 111, I UE-CIO,
International Union of Electrical, Radio and Machine Workers, or
by neither.
Voting Groups 10 and 11.-By UE Local 456, United Electrical,
Radio and Machine Workers of America (UE), by Westinghouse
Local 456, IUE-CIO, International Union of Electrical, Radio and
Machine Workers, by the Federation of Westinghouse Independent
Salaried Unions, or by none.
Unit 1g.-By UE Local 456, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 456, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, or
by neither.
Unit 13.-By UE Local 1581, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 1581, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, by
International Association of Machinists, or by none.
Unit 14.-By UE Local 326, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 315, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, or
by neither.
Unit 15.-By UE Local 202, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 202, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, or
by neither.
Unit 16.-By UE Local 627, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 627, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, or
by neither.
Unit 17.-By UE Local 617, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 617, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, by
the International Brotherhood of Electrical Workers, AFL, or by
none.
Unit 18.-By UE Local 711, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 711, IUE-CIO,
International Union of Electrical, Radio and Machine Workers, or
by neither.
Unit 19.-By UE Local 759, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 759, IUE-CIO,
48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Union of Electrical , Radio and Machine Workers, by the
Federation of Westinghouse Independent Salaried Unions , or by none.
Unit 20.-By UE Local 612, United Electrical, Radio and Machine
Workers of America (UE), by IUE-CIO, International Union of
Electrical , Radio and Machine Workers, or by neither.
Units 21 and 22.-By UE Local 777, United Electrical , Radio and
Machine Workers of America (UE), by Westinghouse Local 777,.
IUE-CIO, International Union of Electrical, Radio and Machine
Workers, or by neither.
Unit 23.-By UE Local. 601, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 601, IUE-CIO,,
International Union of Electrical, Radio and Machine Workers, or by
neither.
Unit 24.-By UE Local 820, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 820, IUE-CIO,.
International Union of Electrical, Radio and Machine Workers, by
the International Brotherhood of Electrical Workers, AFL, or by
n one.
Unit 05.-By UE Local 619, United Electrical, Radio and Machine
Workers of America (UE), by IUE-CIO, International Union of Elec-
trical, Radio and Machine Workers, or by neither.
Unit 26.-By UE Local 607, United Electrical, Radio and Machine
Workers of America (UE), by IUE-CIO, International Union of
Electrical, Radio and Machine Workers, or by neither.
Unit 27.-By UE Local 937, United Electrical, Radio and Machine-
Workers of America (UE), by IUE-CIO, International Union of
Electrical, Radio and Machine Workers, or by neither.
Unit 28.-By UE Local 904, United Electrical, Radio and Machine.
Workers of America (UE), by IUE-CIO, International Union of
Electrical, Radio and Machine Workers, or by neither.
Unit 29.-By UE Local 1002, United Electrical, Radio and Machine.
Workers of America (UE), by IUE-CIO, International Union of
Electrical, Radio and Machine Workers, by the International Broth-
erhood of Electrical Workers, AFL, or by none.
Units 30 and 31.-By UE Local 1105, United Electrical, Radio and.
Machine Workers of America (UE), by IUE-CIO, International
Union of Electrical, Radio and Machine Workers, or by neither.
Unit 32.-By UE Local 1421, United Electrical, Radio and Machine
WWrorkers of America (UE), by IUE-CIO, International Union of
Electrical, Radio and Machine Workers, or by neither.
Unit 33.-By UE Local 1421, United Electrical, Radio and Machine
Workers of America (UE), by IUE-CIO, International Union of
WESTINGHOUSE ELECTRIC CORPORATION 49
Electrical, Radio and Machine Workers, by the International Brother-
hood of Electrical Workers, AFL, or by none.
Unit 341.-By UE Local 1412, United Electrical, Radio and Machine
Workers of America (UE), by ME-CIO, International Union of
Electrical, Radio and Machine Workers, by the International Brother-
hood of Electrical Workers, AFL, or by none.
Units 35 and 36.-By UE Local 130, United Electrical, Radio and
Machine Workers of America (UE), by IUE-CIO, International
Union of Electrical, Radio and Machine Workers, or by neither.
Unit 37.-By UE Local 322, United Electrical, Radio and Machine
Worker's of America (UE), by ME-CIO, International Union of
Electrical, Radio and Machine Workers, or by neither.
Unit 38.-By UE Local 209,-United Electrical, Radio and Machine
Workers of America (UE), by IUE-CIO, International Union of
Electrical, Radio and Machine Workers, or by neither.
Unit 39.-By UE Local 410, United Electrical, Radio and Machine
Workers of America (UE), by Westinghouse Local 410, IUE-CIO,.
International Union of Electrical, Radio and Machine Workers, or by
i ieither.
Unit 40.-By UE Local 137, United Electrical, Radio and Machine
Workers of America (UE), by ME-CIO, International Union of
Electrical, Radio and Machine Workers, or by neither.145
1a6 The compliance status of UE Local 1412 has lapsed since the hearing in this case.
UE Locals 760. 412 , 111, 759, 777, and 1002 , IUE Local 760 and The Association of
Westinghouse Nuttall Employees are not in compliance with Section 9 (f), (g), and (h)
of the Act. The Regional Director is herewith instructed to delete the names of these
labor organizations from the ballot in the elections directed herein if they have not,
within 2 weeks from this date, effected compliance with Section 9 (f), (g), and (h) of
the Act. No election shall be scheduled within such 2 -week period unless the compliance
of all such labor organizations has been effected.