Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 25, 1942

41 N.L.R.B. 1265 (N.L.R.B. 1942)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY and UNITED ELECTRICAL,- RADIO & MACHINE WORKERS, LOCAL
1421, CIO '
Case No. R-3924.Decided June 25, 1942
Jurisdiction : electrical equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question:
failure of Company to accord petitioner recognition ; elections necessary.
Units Appropriate for Collective Bargaining : separate elections directed to
determine whether employees of (1) switchboard and panelboard-assembly
department and (2) motor department, should constitute a single unit or
separate units; petitioner alleged that they constituted one unit-both depart-
ments were under a single manager although they had separate foremen, they
were not physically separated, plant facilities were used in common, and there
was some interchange of employees between them-however, intervenor had a
collective bargaining contract for the switchboard and panelboard-assembly
department for a number of years and had not attempted to bargain for the
motor department; supervisory and clerical employees excluded; salesmen,
draftsmen, office workers, janitors, and night watchmen, who were excluded
from intervenor's contract, excluded.
Mr. Herbert F. Sturdy, of Los Angeles, Calif., for the Company.
Mr. Victor Kaplan, of Los Angeles, Calif., for the United.
Mr. Brice Worley and Mr. Jack Grant, of Los Angeles, Calif., for
the I. B. E. W.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers, Local 1421, CIO, herein called the United, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Westinghouse Electric & Manufacturing Company,
Los Angeles, California, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Charles M. Ryan, Trial Examiner. Said hearing
was held at Los Angeles, California, on June 2, 1942. The Company,
the United, and International Brotherhood of Electrical Workers,
41 N. L. R. B., No. 234.
463892-42-vol. 41--80 1265
1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 1421, herein called the I. B. E. W., appeared, participated, and
were afforded full opportunity to be heard , to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
The Trial Examiner 's rulings made at the hearing are free from
prejudicial error and 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 is a Penn-
sylvania corporation engaged in the manufacture and sale of electrical
apparatus . In connection with its business the Company operates
numerous subsidiary corporations , plants , warehouses , and sales
branches throughout the United States and foreign countries. Only
the plant in Los Angeles , California , is involved in the present
proceedings.
The Company uses annually at the Los Angeles manufacturing
plant raw materials and assembled parts valued at approximately
$255,000, over 50 percent of which is obtained from sources outside
the State of California . The Company sells annually from the Los
Angeles plant and sales office finished products valued at approxi-
mately $10,000,000, a large proportion of which are destined for use
in interstate commerce . The Company concedes that it is engaged
in, and that its business affects, commerce.
H. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers, Local 1421, is a
labor organization affiliated with the Congress of Industrial Organi-
zations , admitting to membership employees of the Company.
International Brotherhood of Electrical Workers, Local B-11, is
a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 21, 1942, the United notified the Company that it repre-
sented a majority of the employees in the Company 's manufacturing
and repair section and requested recognition. The Company ac-
knowledged receipt of the claim but did not grant recognition.
A report of the Regional Director, introduced into evidence at the
hearing, indicates that both labor organizations represent substan-
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 1267
tial numbers of employees in the units they respectively allege to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES
The United contends that all employees in the manufacturing and
repair section of the Company, excluding supervisory and clerical
employees, constitute an appropriate unit. The Company and the
I. B. E. W. contend that the switchboard and panelboard assembly
department and the motor department constitute separate appropriate
units.
The manufacturing and repair section of the Los Angeles plant
consists of two departments : switchboard and panelboard assembly,
and motor. The former builds electrical switchboards, assembles
panelboards,2 and does a small amount of switchboard repair. The
motor department builds and repairs electric motors, generators
and transformers, and repairs meters. Both departments are under
a single manager but have separate foremen. The departments are
not physically segregated. Some of the plant facilities are used in
common by the two departments. There is some interchange of em-
ployees between them but that is not common.
Since about September 1937 the I. B. E. W. has had contracts with
the Company covering the switchboard and panelboard-assembly em-
ployees only. The latest contract expired on March 1, 1942. The
Company declined to negotiate for its renewal until the United's
claim had been determined by the Board. That agreement excluded
from the bargaining unit salesmen, draftsmen, office workers, janitors,
and night watchmen.
In the formative stage of its organization the I. B. E. W. admitted
to membership some employees of the motor department but main-
tained a separate organizational unit for them. Of late years, how-
1 The United submitted to the Regional Director 41 application -for-membership cards,
all bearing apparently genuine original signatures and dated as follows : 1 in March 1940;
1 in January , 16 in February , 20 in March , and 3 in April 1942 Thirty-eight of the
signatures aie the names of persons on the Company's March 25, 1942 , pay roll. Of the
38, 21 are employed in the switchboard and panelboard assembly department , and 17 in
the motor department
The I B. E. W. submitted to the Regional Director 17 application-for-membership cards,
all bearing genuine original signatures Seven were undated and the remainder variously
dated fronie August 1938 to August 1941 . All the signatuies are names of persons on
the Company's March 25 pay roll in the switchboard and panelboard assembly department.
The March 25 pay roll indicates that there are 48 employees in the switchboard depart-
ment and 30-in the motor department
2 A panelboard is a device for controlling the direction of electric power
1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ever, the I. B. E. W. has confined itself to the switchboard and
panelboard employees and has not attempted to•bargain for the motor
department.
We are of the opinion that the employees of the two departments
might appropriately constitute separate units or might function to-
gether as parts of one appropriate unit. We shall make no final
determination of the unit at this time but shall direct that the question
concerning representation which has arisen be resolved by separate
elections by secret ballot among the employes in the respective de-
partments who were employed during the pay-roll period immediately
preceding the date of the Direction of Elections, herein, subject to
the limitations and additions set forth in the Direction. The election
among employees of the switchboard and panelboard-assembly de-
partment shall determine whether they desire to be represented by
the United, the I. B. E. W., or neither; the election among employees
of the motor department shall determine whether or not they desire
to be represented by the United. Since. salesmen, draftsmen, office
workers, janitors, and night watchmen were excluded from the unit
covered by the I., B. E. W.'s contract we shall exclude them, as well
as supervisory and clerical employees, from both voting groups.
Upon the results of these elections will depend in part the appro-
priate unit or units. If a majority of the employees in each depart-
ment selects the same representative, they shall constitute a single
appropriate unit. If the departments select different representatives,
each will constitute a separate appropriate unit.
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 Rela-
tions 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of cellective bargaining with Westinghouse
Electric & Manufacturing Company, Los Angeles, California, elec-
tions by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Direction of Elec-
tions, under the direction and supervision of the Regional Director
for the Twenty-first Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among the following :
1. All employees in the switchboard and panelboard-assembly de-
partment of the Company who were employed during the pay-roll
period immediately preceding the date of this Direction of Elections,
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 1269
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 ex-
cluding supervisory and clerical employees, salesmen, draftsmen, office
workers, janitors, night watchmen, and any employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by United Electrical, Radio & Machine Workers,
Local 1421, affiliated with the Congress of Industrial Organizations,
or by International Brotherhood of Electrical Workers, Local B-11,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining, or by neither; and
2. Among all employees of the motor department of the Company
who were employed during the-pay-roll period immediately preceding
the date of this Direction of Elections, 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 supervisory and clerical
employees, salesmen, draftsmen, office workers, janitors, night watch-
men, and any 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, Local 1421, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.
Ma. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Elections.