Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 23, 1941

35 N.L.R.B. 671 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF
AMERICA, LOCAL 612
Case No. R-2683
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 23, 1941
On July 25, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election,
an election by secret ballot was conducted on August 21, 1941, under
the direction and supervision of the Regional Director for the Sixth
Region (Pittsburgh, Pennsylvania). September 6, 1941, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
an Election Report, copies of which were duly served upon the parties.
No objections to the conduct of the ballot or to the Election Report
were filed by any,of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total All Valid Votes
Disposition of challenges : Ballots Only
Total on eligibility list__________________________
'Total ballots cast_______________________________
Total ballots challenged__________________________
10
11
1
--
a Challenged ballots determined eligible--------
b. Challenged ballots determined not eligible--- -_
--
Total blank ballots_______________________________ 0
Total void ballots_______________________________ 0
Total valid votes cast___________________________ 10 10
Votes cast for United Electrical, Radio & Machine
Workers of America, Local 612, C. I. O--------- __ 4
Votes cast for Association of Westinghouse Salaried
Employees ------------------------------------ -- 6
Votes cast for Neither__________________________---------------------------- __ 0
133 N . L. R B 789.
35 N. L R. B, No., 147,.,,
671
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In the Decision and Direction of Election previously referred to,
the Board stated :
We shall direct that an election be conducted among the hourly
paid shop clerks to determine whether or not they desire to be
represented by the United or the Association, or by neither or-
ganization. If the United obtains the majority in such election,
the shop clerks shall be considered a part of the production and
maintenance unit. If the Association obtains the majority in
such election, the shop clerks shall be considered a part of the
clerical and technical unit.2
Upon the basis of the entire record in the case the Board makes the
following :
SUPPLEMENTAL FINDING OF FACT
We find that all clerical and technical employees of Westinghouse
Electric & Manufacturing Company, Derry, Pennsylvania, including
hourly paid shop clerks but excluding supervisors, constitute a unit
appropriate for the purposes 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.
Upon the basis of the above finding of fact and upon the entire
record in the case, the Board makes the following :
- SUPPLEMENTAL CONCLUSION OF LAW
All clerical and technical employees of Westinghouse Electric &
Manufaceuring Company, Derry, Pennsylvania, including hourly
paid shop clerks, but excluding supervisors, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations 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 Re-
lations 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,
sin Matter of Westinghouse Electric & Manufacturing Company ( Porcelain Division)
and Association of Westinghouse Salaried Employees, 31 N L B B 605 , the Board
found that all clerical and technical employees of the Company, excluding supervisors,
constituted a unit appropriate for the purposes of collective bargaining.
WESTINGHOUSE ELECTRIC & MANUFACTURING co.'673
IT IS HEREBY CERTIFIED that Association of Westinghouse Salaried
Employees has been designated and selected by a majority of all
clerical and technical employees of Westinghouse Electric & Manu-
facturing Company, Derry, Pennsylvania, including hourly paid
shop clerks, but excluding supervisors, as their representative for
the purposes of collective bargaining, and that pursuant to Section
9 (a) of the National Labor Relations Act, Association of Westing-
house Salaried 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.