Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 12, 1942

38 N.L.R.B. 178 (N.L.R.B. 1942)

Ill the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY
and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA,
LOCAL 202, AFFILIATED WITH THE C. I. O.
Case No. R-3431.-Decided January 12, 1942
Investigation and Certification of Representatives : stiiiulation,for certification
on consent comparison of records.
Mr. A. Howard Myers, for the Board.
Mr. T. O. Armstrong, of Springfield, Mass., for the Company.
Mr. Julius C.•A'lmeida, of Springfield, Mass., for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CA SE
On October 3 and 18, 1941, respectively, United Electrical, Radio
and Machine Workers of America, Local 202, (C. I. 0.), herein called
the Union, filed with the Regional Director for the First Region (Bos-
ton, Massachusetts) a petition and amended petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of Westinghouse Electric & Manufacturing Company,
Pittsburgh, Pennsylvania, herein called the Company, at its plant lo-
cated at Springfield, Massachusetts, where the Company is engaged
in the manufacture of refrigerating and air conditioning apparatus,
commercial coolers, fans and motored appliances, and materials for
defense. The petitions requested an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On November 4,
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
clue notice. On December 3, 1941, the Company, the Union, and the
38 N. L R B., No. 46.
178
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 179
Regional Director entered into a "STIPULATION FOR CERTIFICATION ON
CONSENT COMPARISON OF RECORDS ." Pursuant to the stipulation, a pay-
roll check by comparison of union membership-application cards with
the pay moll of the company for the period ending September 26, 1941,
was made under the supervision of the Regional Director to determine
the number of clerical employees employed by the Company at its plant
at Springfield, Massachusetts, including draftsmen but excluding exec-
utives, supervisors, technical and service engineers, confidential secre-
taries, confidential pay-roll and savings clerks, nurses, and police, who
designated the Union as their bargaining agency. On December 23,
1941, the Regional Director, acting pursuant to the stipulation, issued
and duly served upon the parties his Report on Results of Comparison
by Inspection of Records. No objections to the report have been filed
by any of the parties.
In his report the Regional Director reported that the comparison
of the union membership-application cards with the pay- roll of the
Company showed that 144 out of 245 eligible employees authorized the
Union to represent them for the purposes of collective bargaining with
the Company with respect to rates of pay, wages, hours of work, and
other conditions of employment.
Upon the basis of the stipulation, the Report on Results of Com-
parison by Inspection of Records, and the entire record in the case,
the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Westinghouse Electric & Manufacturing
Company, Pittsburgh, Pennsylvania, at its plant located at Spring-
field, Massachusetts, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All clerical employees of the Springfield Plant of the Company
including draftsmen, but excluding executives, supervisors, technical
and service engineers, confidential secretaries, confidential pay-roll
and savings clerks, nurses, and police, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
3. United Electrical, Radio and Machine Workers of America,
Local 202, affiliated with the C. I. 0., has been designated and selected
by a majority of the employees in the above unit as their representa-
tive for the purposes of collective bargaining and is the exclusive
representative of all the employees in said unit within the meaning
of Section 9 (a) of the Act.
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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,
IT IS HEREBY CERTIFIED that United Electrical , Radio and Machine
Workers of America, Local 202 , affiliated with the C. I. 0., has been
designated and selected by ,a majority of the clerical employees of the
Springfield Plant of the Westinghouse Electric , & Manufacturing
Company, including draftsmen , but excluding executives , supervisors,.
technical , and service engineers, confidential secretaries , confidential
pay-roll and savings clerks , nurses, and police, as their representative
for the purposes of collective bargaining , and that pursuant to, the
provisions of Section 9 (a) of the Act, United Electrical, Radio, and
Machine Workers of America, Local 202,, affiliated with the C. I. 0., is
the exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates 'of pay, wages, hours,of em-
ployment , and other conditions of employment.