Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

May 7, 1942

40 N.L.R.B. 1213 (N.L.R.B. 1942)

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY, CANTON ORDNANCE DIVISION and UNITED ELECTRICAL, 'RADIO
& MACHSNE WORKERS OF AMERICA (C. I. 0.)
Case No. R-3765.-Decided May 7,1942
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent pay-roll cI eck.
Mr. Joel Seidman, for the Board.
Mr. R. V. Gavert, of Canton, Ohio, for the Company.
Mr. TVilliam R. Bentley, of'Canton, Ohio, for the Union.
Mr. H. G. Moorhead, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, (C. I. 0.), herein called the Union, alleging
that a question affecting commerce hid arisen concerning the repre-
sentation of employees of Westinghouse Electric & Manufacturing
Company, Canton Ordnance Division, herein called the Company,
engaged at Canton, Ohio, in the business of manufacturing gun
mounts, the National Labor Relations Board provided for an appro-
priate hearing on due notice. On April 14, 1942, before a hearing
was held, the Company, the Union, and the Regional Director for
the Eighth Region (Cleveland, Ohio) entered into a STIPULATION FOR
CERTIFICATION OF"REL'RESENTATIVES UPON CONSENT PAY-ROLL CHECK.
Pursuant to the stipulation a pay-roll check, made by comparing
union representation designations, consisting of original signed ap-
plications and authorization cards, with the pay roll furnished by
the Company, was conducted on April 14, 1942, under the direction
and supervision of the Regional Director to determine whether a
majority of all employees in the tool-designing department at the
Company's Canton Ordnance Division, excluding the tool-designing
department supervisor, desired to be represented by the Union for the
purposes of collective bargaining.
40 N L RYB , No. 211.
1213
1214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On April 20, 1942, the Regional Director issued and duly served
upon the parties a Consent Pay-roll Check Report. No objections to
the Report have been filed by any of the parties.
In his Pay-roll Check Report the Regional Director reported con-
cerning the check that of 17 employees in the appropriate unit' 15
had authorized the Union to represent them.,
Upon the basis of the stipulation, the Pay-roll Check Report; 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, Canton Ordnance Division, Canton, Ohio,. within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All employees in the tool-designing department at the Com-
pany's Canton Ordnance Division, Canton, Ohio, excluding the tool-
designing department supervisor, constitute a unit appropriate for
the, purposes of collective bargaining withal the meaning of Section
9 (b) of the National Labor Relations At.
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 Rela-
tions Act,
IT IS HEREBY CERTIFIED, that United Electrical, Radio & Machine
Workers of America, (C. I. 0.), has been designated and selected by
a majority of all employees in the tool-designing department at the
Company's Canton Ordnance Division, Canton, Ohio, excluding the
tool-designing department supervisor, as their representative for the
purposes of collective bargaining, and that pursuant to Section 9 (a)
of the Act, United Electrical, Radio & Machine Workers of America,
(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 employment, and other conditions of employment. .