Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 3, 1941

32 N.L.R.B. 274 (N.L.R.B. 1941)

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY, LAMP DIVISION, AT TRENTON, NEW JERSEY, and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED
WITH THE C. I. O.
Case No. R-2,5410-Decided June 3, 1941
Jurisdiction : incandescent lamp manufacturing industry.
Investigation and Certification of Representatives : existence of question: stip-
ulated that Company refused to accord union recognition until it is certified
by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all employees at the Company's
plant in Trenton, New Jersey, exclusive of foremen, assistant foremen, super-
visory employees, office and clerical employees, engineers, assistant engineers,
and technical employees ; watchmen included although Company requests their
exclusion since they have all been admitted to membership in the union.
Mr. C. A. Reinwald, of New York City, for the Company.
Mr. Samuel L. Roth,bard, of Newark, N. J., for the United.
llir. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 20, 1941, United Electrical, Radio & Machine Workers
of America, affiliated with the C. I. 0., herein called the United, filed
with the Regional Director for the Fourth Region (Philadelphia,
Pennsylvania) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Westing-
house Electric & Manufacturing Company, Lamp Division, Trenton,
New Jersey, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On April 11, 1941, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
32 N. L. It. B., No. 60.
274
WESTINGHOUSE ELEICTRIC & MANUFACTURING Co. 275
On April 30; 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the United.
Pursuant to notice, a hearing was held on May 9, 1941, at Trenton,
New Jersey, before Jack Davis, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company and the United were
represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made various
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Westinghouse Electric & Manufacturing Company, a Pennsylvania
corporation, is engaged in the manufacture and sale of incandescent
lamps at Trenton, New Jersey. The principal raw materials used
by the Company include glass bulbs, tubing, packing material, copper,
nickel, tungsten, wire, glass, and other related articles. During the
past year more than 50 per cent of the raw materials used by the
Company at its Trenton, New Jersey, plant, were shipped to it from
points outside the State of New Jersey. During the same period the
Company manufactured and sold finished products valued' at approxi-
mately $3,200,000, of which more than 90 per cent were sold and
shipped to points outside the State of New Jersey. The Company
employs "approximately 488 employees at its Trenton plant.
H. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting employees of the Company to membership.
HI. THE QUESTION CONCERNING REPRESENTATION
The Company and the United stipulated that prior to the hearing
the United requested the Company to recognize it as exclusive bargain-
ing representative of the Company's employees at the Trenton plant.
The Company refused to grant such recognition until the United had
been certified, by the Board. A statement of the Regional Director
introduced in evidence at the hearing shows that the United represents
448692-42-vol. 32-19
276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a substantial number of employees in the unit found below ' to, be
appropriate.'
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company-
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and,
tends to lead to labor disputes -burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The United contends that all employees at the Company's plant
in Trenton, New Jersey, exclusive of foremen, assistant foremen,
supervisory employees, office and clerical employees, engineers, assist-
ant, engineers; and technical employees, constitute a unit appropriate
for the purposes of, collective bargaining.
The Company agrees that the unit sought, by the United is appro-
priate. However, the Company requests the exclusion of five watch-'
men whom :the United would include in the appropriate unit. The
watchmen have all been admitted to membership in the United. We
shall' include them in the unit.2
We find that all employees at the Company's plant in Trenton, Neva
Jersey, exclusive of foremen, assistant foremen, supervisory em-
ployees, office and clerical employees, engineers, assistant engineers,
and technical employees, constitute a ,unit appropriate for the pur-
poses of collective bargaining and that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act. -
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by, and we shall accordingly direct, an
election by secret ballot. We shall direct that the employees of the
'The United filed 227 authorization cards dated between January 1940 and April 1941
with the Regional Director, who found that all cards bore genuine signatures , 209 being on
the pay roll of march 8 , 1941. There are approximately 400 employees in the appropriate'
unit.' '
2 See Matter of Birmingham Tank Company, Division of Ingalls Iron Worls Company,,
Iric:'and International Association of Bridge , Structural and Ornamental Iron Workers,
Shopmen's Local No 519, 25 N L R B, 1306; Matter of Agwtlines, Inc and Brothe)-
hood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees,
12 N. L . R. B. 366.
WESTINGHOUSE ELECTRIC & MANUFACTURING CO. 277
Company eligible to vote in the election shall be those in the appro-
priate unit who were employed during the pay-roll period immediately
preceding the date of the Direction of Election herein, subject to
such limitations and additions as are set forth in the Direction.
Upon the basis o£ the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Westinghouse Electric & Manufacturing
Company, Lamp Division, Trenton, New Jersey, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act. . ^:. '
2. All employees at the Company's plant in Trenton, New Jersey,
exclusive of foremen, assistant foremen, supervisory- employees, .office
and clerical employees, engineers, assistant engineers, and technical
employees, constitute a unit appropriate for the purposes-ofcoll(ctive
bargaining within the meaning of Section 9 (b) of the Act:
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, •4t Stat. 449, and pursuant to Article III, Section 8, of
National Labor' Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIRECTED that; as part'of the investigation authorized by the Board
to ascertain tepresentatives for the purpose of collective bargaining
with Westinghouse Electric &,Manufacturing Company, Lamp. Di-
vision, Trenton, New' Jersey, an election by secret ballot- 'shalL be
conducted as early as possible but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Fourth Region, acting in this matter
as agent for the National Labor Relations Board and subject to Article
III, Section 9, of said Rules and Regulations, among all employees of
-the Company at its Trenton, New Jersey, plant, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during such pay-roll
period because they were ill or on vacation or in the active military
service or training of the United States or temporarily laid off, but
excluding foremen, assistant foremen, supervisory employees, office
and clerical employees; engineers, assistant engineers, and technical
employees, and employees who have since quit or been discharged for
cause, to determine whether or not they desire to be - represented : by
United Electrical, Radio -& Machine Workers of America, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.