Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 27, 1941

30 N.L.R.B. 635 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY, R. D. NUTTALL PLANT and UNITED ELECTRICAL, RADIO &
MACHINE WORKERS OF AMERICA, LOCAL 601 l
Case No. R-0087
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 27 1941
On November 14, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in this
proceeding? Pursuant thereto, elections by secret ballot were con-
ducted among employees of Westinghouse Electric& Manufacturing
Company, herein called the Company, at the R. D. Nuttall Plant,
Pittsburgh, Pennsylvania, on December 5, 1940, under the direction
and supervision of the Regional Director for the Sixth Region (Pitts-
burgh, Pennsylvania). On December 6, 1940, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, prepared and
duly served on the parties an Election Report, setting forth the results
of the balloting as follows :
GROUP (1)-PRODUCTION AND MAINTENANCE EMPLoYIIEs
Total
all
ballots
Valid
votes
only
Total on eligibility list------------------------------------------ 689
Total ballots cast---------------------------------------------- 609
---
---
Total ballots challenged___________________ __________________
Total blank ballots---------------------------------------------
2
0 ---
Total void ballots---------------------------------------------- 0 ---
Total valid votes cast__________________________________________ ___ - 607
Votes cast for United Electrical, Radio & Machine Workers of
America, Westinghouse Local No. 601, affiliated with the C. I. 0__ 517
Votes cast for Association of Westinghouse Nuttall Employees--__ _-- 62
Votes cast for Neither------------------------------------------ --- 28
1 27 N. L. R B. 1358.
30 N. L. R. B., No. 95.
635
636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
GROUP (2)-SALARIED EMPLOYEES
Total
all
ballots
Valid
votes
only
Total on eligibility list_________________________________________ 111 ---
Total ballots cast______________________________________________ 102 ---
Total ballots challenged________________________________________ 0, ---
Total blank ballots_____________________________________________ 0
Total void ballots---------------------------------------------- 0 ---
Total valid votes cast___________________________________________ ___ 102
Votes cast for Association of Westinghouse Nuttall --------------- --- 83
Votes cast against Association of Westinghouse Nuttall Employees_ 19
GROUP (3)-SALARIED INSPECA ORS
Total
all
ballots
Valid
votes
only
Total on eligibility list__________________________________________ 22 ---
Total ballots cast----------------------------------------------- 18 ---
Total ballots challenged________________________________________ 0
Total blank ballots ---------------------------------------------- 1
Total void ballots---------------------------------------------- 0
Total valid votes cast___________________________________________ ___ 17
Votes cast for United Electrical , Radio & Machine Workers ' of
America, Westinghouse Local No. 601 , affiliated with the C I. O__ 8
Votes cast for Association of Westinghouse Nuttall Employees -___ ___ 5
Votes cast for neither__________________________________________ ___ 4-
On February 4, 1941, the Board issued a Supplemental Decision and
Second Direction of Election.2 Pursuant thereto, an election by secret
ballot was conducted on February 28, 1941. On March 3, 1941,3 the
Regional Director prepared and duly served on the parties an Elec-
tion Report, setting forth the results of the balloting as follows :
GROUP (3)-SALARIRD,INSPEYrORS
Total
all
ballots
Valid
votes
only
Total on eligibility list__________________________________________ 20
Total ballots cast-----------------------------------------------
Total ballots challenged________________________________________
18
0 ---
a. Challenged, ballots determined eligible_____________________ 0
b. Challenged ballots determined not eligible_________________ 0
Total blank ballots_____________________________________________ 0
Total void ballots______________________________________________ 0
Total valid votes cast___________________________________________ - --- 18
Votes cast for United Electrical, Radio & Machine Workers of
America, Local 601, Affiliated with the Congress of Industrial
Organizations------------------------------------------------ --- 16
Votes cast for Association of Westinghouse Nuttall Employees--___ ___ 2
No objections to the conduct of the balloting or to the Election
Reports have been filed by any of the parties. S
Upon the entire record in the case, the Board makes the following :
2 29 N . L. R B. 391.
The Election Report was erroneously dated February 3, 1941.
\TESTINGHOUSE ELECTRIC & MANUFACTURING CO. 637
SUPPLEMENTAL FINDINGS OF FACT
In our Decision and Direction of Elections , we found that all the
production and maintenance employees , at the Company's Nuttall
Plant, including shipping and receiving employees , testers, truck
drivers, and police (paid by the hour ), but excluding supervisory em-
ployees, clerical workers, engineers , and salaried employees other than
inspectors , and including or excluding the non-supervisory salaried
inspectors depending upon the result of an election to be conducted
among them, constituted a unit appropriate for the purposes of col-
lective bargaining ; that all the salaried employees at the Plant, exclu-
sive of salaried inspectors and supervisory employees , and including
or excluding the non-supervisory salaried inspectors depending upon
the result of the election to be conducted among them, constituted a
separate unit appropriate for the purposes of collective bargaining;
and that such units would insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining,
and would otherwise effectuate the policies of the Act. We further
stated that if United Electrical , Radio and Machine Workers of
America, Westinghouse Local 601, obtained a majority at the election
among the non -supervisory salaried inspectors , such employees would
be included in the production and maintenance unit; but that if Asso-
ciation of Westinghouse Nuttall Employees obtained the majority,
such employees would be inchided in the salaried unit.
The result of the election conducted on December 5, 1940, among
the non-supervisory salaried inspectors , pursuant to our Decision and
Direction of Elections , was inconclusive . Accordingly , we issued a
Supplemental Decision and Second Direction of Election , directing
that a second election be conducted among the non -supervisory salaried
inspectors . The result of the second election , conducted pursuant
thereto on February 28, 1941, reflected a majority in favor of United
Electrical , Radio and Machine Workers of America, Westinghouse
Local 601. Accordingly , we shall include the non-supervisory
salaried inspectors in the production and maintenance unit.
We find that all the production and maintenance employees at the'
Company's Nuttall Plant, including shipping and receiving employees,
testers, truck drivers, police ( paid by the hour ), and salaried inspec-
tors, but excluding supervisory employees , clerical workers, engineers,
and salaried employees other than inspectors , constitute a unit appro-
priate for the purposes of collective bargaining.
We find that all the salaried employees at the Company 's Nuttall
Plant, exclusive of inspectors and supervisory employees , constitute a
separate unit appropriate for the purposes of collective bargaining.
Upon the basis of the above supplemental findings of fact and upon
the entire record in the case, the Board makes the following :
638 DECISIONS OF" NATIONAL LABOR- RELATIONS BOARD
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All the production and maintenance employees at the Company's
Nuttall Plant, including shipping and receiving employees, testers,
truck drivers, police (paid by the hour), and salaried inspectors, but
excluding supervisory employees, clerical workers, engineers, and sal-
aried employees other than inspectors, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Act.
2. All the salaried employees at the Company's Nuttall Plant, exclu-
sive of inspectors and supervisory employees, constitute a separate
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine
Workers of America, Westinghouse Local 601, has been designated
and selected by a majority of the production and maintenance em-
ployees of Westinghouse Electric & Manufacturing Company at the
R. D. Nuttall Plant, Pittsburgh, Pennsylvania, including shipping
and receiving employees, testers, truck drivers, police (paid by the
hour), and salaried inspectors, but excluding supervisory employees,
clerical workers, engineers, and salaried employees other than inspec-
tors, as their representative for the purposes of collectiye bargaining,
and that, pursuant to Section 9 (a) of the Act, United Electrical,
'Radio and Machine Workers of America, Westinghouse Local601, is
the exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment; and
IT JS HEREBY CERTIFIED that Association of Westinghouse Nuttall
Employees has been'designated and selected by a majority of the sal-
aried employees of Westinghouse Electric & Manufacturing Company
at the R. D. Nuttall Plant, Pittsburgh, Pennsylvania, exclusive of
inspectors and supervisory employees, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, Association of Westinghouse Nuttall Employees is the
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.