Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 10, 1941

32 N.L.R.B. 476 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING CODr-
PANY (WESTINGHOUSE X-RAY DIvIsION) and LOCAL 1207 OF THE
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AM ERICA,
C. 1. 0.
In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY (WESTINGHOUSE X-RAY DIVISION) and WESTINGHOUSE X-RAY
DIVISION SALARIED EMPLOYEES ASSOCIATION
Cases Nos. R-.563 and R-2564.-Decided June 10,19)1
Jurisdiction : x-ray apparatus manufacturing industry.
Investigation and Certification of Representatives : existence of questions:
parties stipulated that Company refused to accord recognition to unions until
they had been certified by the Board ; elections necessary.
Units 'Appropriate for Collective Bargaining : (1) all salaried employees with
the exception of engineering-department employees, draftsmen, dispatchers,
receiving clerks, inspectors, and employees who have the power to hire or
discharge; stipulation as to-(2) all employees of the engineering department
including inspectors, receivers, and dispatchers, but excluding executives,
foremen, supervisors, office aird clerical help, and hourly paid production
employees ; stipulation as to.
Mr. C. A. Reinwald, of New York City, and Mr. L. D. Canfield,
of Great Neck, N. Y., for the Company.
Mr. Frank Schemer, and Mr. Edward J. Matthews, of New York
City, for Local 1207.
Mr. Allen Caruthers, Jr., of Kew Gardens, N. Y., alul Mr. C. E.
Lovett, of Hollis, N. Y., for the Association.
Mr. Frederic B. Parkes,'2d, o'f couiiselto the Board. -
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
OhI February 3 and 7, 1941, respectively , Local 1207 of the United
Electrical , Radio & Machine Workers of America., C. I: 0., herein
called Local 1207 , filed a petition and amended petition, and on
March 11 , T94l, Westinghouse X-Ray Division Salaried Employees
Association , herein called the Association , filed a petition with the
32 N. L. R. B :, No 95.
476
WESTINGHOUSE ELECTRIC & MANUFACTURING CO. 477
Regional Director for the Second Region (New York City) each
alleging that a question affecting commerce had arisen concerning
the representation of employees of Westinghouse Electric & Manu-
facturing Company (Westinghouse X-Ray Division), Long Island
City, New York, herein called the Company, and requesting an in-
vestigation and certification of representatives, pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On May 5, 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 ; and pursuant to Article
III, Section 10 (c) (2) of said Rules and Regulations, ordered that
the two cases be consolidated for all purposes.
On May 7, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, Local
1207, and the Association. Pursuant to notice, a hearing was held
on May 16, 1941, before Daniel R. Dimick, the Trial Examiner 'duly
designated by the Chief Trial Examiner. The Company, Local 1207,
and the Association were represented by counsel or official repre-
sentatives and participated 'in the hearing Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. No objec-
tions to the introduction of evidence or to the rulings of the Trial
Examiner were made by any of the parties. The Board has re-
viewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Among its various factories and plants throughout the country,
Westinghouse Electric & Manufacturing Company, a Pennsylvania
corporation, operates the Long Island X-ray plant where it is en-
gaged in the manufacture, sale, and distribution of X-ray apparatus
and related products. During the year 1940, the Company pur-
chased raw materials for use at its Long Island X-ray plant in the
yalue off over $500,000, of which approximately 60 per cent were
purchased and shipped to it from points outside the State of New
York. During the same period, the Company manufactured. at bits
Long Island X-ray plant finished products valued at more 'than
$2,000,000, of which approximately 80 per cent were sold and shipped
478 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to points outside the State of New York. The Company employs
approximately 350 employees at its Long Island X-ray plant.
IT. THE ORGANIZATIONS INVOLVED
Local 1207 of the United Electrical, Radio & Machine Workers
of America is a labor organization affiliated with the Congress of
Industrial Organizations, admitting production and maintenance
employees of the Company to membership.
Westinghouse X-Ray Division Salaried Employees Association
is an independent labor organization admitting salaried employees
of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
Local 1207, the Association, and the Company stipulated at the
hearing that prior to the filing of the petitions herein, Local 1207
and the Association requested the Company to recognize them as
representatives of the Company's employees for purposes of collec-
tive bargaining in the two respective units claimed to be appropriate.
The Company refused to grant such recognition until the unions
had been certified by the Board as representatives for those employ-
ees. Statements of the Trial Examiner introduced in evidence at
the hearing show that the unions represent a substantial number of
employees in their respective units found below to be appropriate.'
We find that questions have arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION
UPON COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and " commerce among the several States,
and tend to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNITS
Local 1207, the Association, and the Company stipulated at the
hearing and we find that all salaried employees at the Company's
' Local 1207 filed 23 authorization cards dated in January 1941 with the Regional
Director, who found all the signatures to be genuine , and to be the names of the persons
on the pay roll of February 6, 1941, which contained 27 names in the alleged appropriate
unit. The Association filed 41 authorization cards dated in February 1941 with the
Regional Director , who found all the signatures to be genuine and to be the names of the
persons on the Company 's pay roll of March 27 , 1941, which contained 60 names in the
alleged appropriate unit.
WESTINGHOUSE ELECTRIC & MANUFACTURING CO. 479
Long Island X-ray plant with the exception of engineering-depart-
ment employees, draftsmen, dispatchers, receiving clerks, inspectors,
and employees having the power to hire or discharge, constitute a
unit appropriate for the purposes of collective bargaining.
Local 1207, the Association, and the Company also stipulated at
the hearing and we find that all employees of the engineering depart-
ment at the Company's Long Island X-ray plant, including inspectors,
receivers, and dispatchers, but excluding executives, foremen, super-
visors , office and clerical help, and hourly paid production employees
of whom Local 1207 is the sole and exclusive collective bargaining
agent, constitute a unit appropriate for the purposes of collective
bargaining.
We further find that these units 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. TIIE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation can best
be resolved by means of elections by secret ballot. We shall direct
that the employees of the Company eligible to vote in the elections
shall be those in the appropriate units who were employed during
the pay-roll period immediately preceding the date of the Direction
of Elections herein, subject to such limitations and additions as are
set forth in the Direction.
Upon the basis of the above findings and upon the entire record
of the case,.the Board makes the following:
CoNOI.usloNs of LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Westinghouse Electric & Manufacturing
Company (Westinghouse X-ray Division), Long Island City, New
York, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All salaried employees at the Company's Long Island X-ray
plant with the exception of engineering-department employees,
draftsmen, dispatchers, receiving clerks, inspectors, employees hav-
ing the power to hire or discharge, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
3. All employees of the engineering department at the Company's
Long Island X-ray plant including inspectors, receivers, and dis-
patchers, but excluding executives, foremen, supervisors, office and
clerical help, and hourly paid production employees of whom Local
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1207 is the sole exclusive collective bargaining agent, constitute a
unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTIONS
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 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 determine representatives for the purposes of collective bargain-
ing with Westinghouse Electric & Manufacturing Company (West-
inghouse X-ray Division) Long Island City, New York, elections
by secret ballot shall be conducted as soon 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 Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board , and subject to Article III, Section 9, of said Rules
and Regulations , among employees in each of the following described
groups who were employed by the Company 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 train-
ing of the United States, or temporarily laid off, but excluding any
employees who have since quit or been discharged for cause :
(1) Among all salaried employees at the Company's Long Island
X-ray plant with the exception of engineering-department employees,
draftsmen, dispatchers, receiving clerks, inspectors, and employees
having the power to hire and discharge, to determine whether or
not they desire to be represented by Westinghouse X-ray Division
Salaried Employees Association for the purposes of collective bar-
gaining; and
(2) Among all employees of the engineering department at the
Company's Long Island X-ray plant including inspectors, receivers,
and dispatchers , but excluding executives , foremen , supervisors , office
and clerical help, and hourly paid production employees of whom
Local 1207 is the sole exclusive collective bargaining agent, to deter-
mine whether or not they desire to be represented by Local 1207
of the United Electrical, Radio & Machine Worker of America, affil-
iated with the Congress of Industrial Organizations, for the purposes
of collective bargaining.