Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 13, 1942

42 N.L.R.B. 417 (N.L.R.B. 1942)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY
and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA,
LOCAL 711 (C I O )
Case No. R-4000.-Decided July 13, 194
Investigation and Certification of Representatives : stipulation for certification
upon payroll check
Mr. Harold L Hudson, for the Board.
Mr. C. L VanDerau, of Mansfield, Ohio, for the Company.
Mr. Richard Niebur, of Mansfield, Ohio, for the Union
Mr. A Sumner Laiwrence, of counsel to the Board
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 16, 1942, United Electrical, Radio & Machine Workers of
America, Local 711 (C I 0 ), herein called the Union, filed with the
Regional Director for the Eighth Region (Cleveland, Ohio) a peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of employees of Westinghouse Electric & Manufac-
turing Company, Mansfield, Ohio, herein called the Company, engaged
in the manufacture of electrical appliances, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat 449, herein called the
Act. On June 3, 1942, the National Labor Relations Boaid, herein
called the Boaid, acting pursuant to Section 9 (c) of the Act, and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Seiies 2, as amended, ordered an investigation and au-
thorized the Regional Director to conduct it and to provide for an
appropriate heaiing upon due notice On June 19, 1942, the Com-
pany, the Union, and a Field Examiner for the Board entered into a
"STIPULATION FOR CERTIFICATION UPON PAYROLL
CHECK "
Pursuant to the Stipulation, a pay-roll check was conducted on June
18, 1942, under the direction and supervision of the Regional Director
42NLRB,No89 -
472814 -2 2-vol 42-27 - 417
418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
among the Company's police and watchmen, excluding police officers
with the title of Captain, Lieutenant, Sergeant and Plant Defense
Chief, of the Company's Mansfield, Ohio, Division, to determine
whether or not they had authorized the Union to represent them,for
purposes of collective baigaining. On June 22, 1942, the Regional
Director issued and thereafter duly served upon the parties his Con-
sent Payroll Check Repoit. - No objections to the conduct of the pay-
roll check or to the Consent Payroll Check Report have been filed, by
any of the parties
In his Consent Payroll Check Report, the Regional Director i e-
ported that 42 of the 52 persons whose names weie submitted by the
Company as appearing on the agi eed pay roll within the-agreed appro-
priate unit, had authorized the Union to represent them for the pur-
poses of collective bargaining with the Company with respect to wages,
rates of pay, hours of work, and other conditions of employment.
Upon the basis of the Stipulation, the Consent Payroll Check Re-
port,,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, Mansfield, Ohio,-within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2 The Company's police and watchmen, excluding police 'officers
with the title of Captain, Lieutenant, Sergeant and the Plant Defense
Chief, of the Mansfield, Ohio, Division, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Sec-
tion 9 (b) of the National Labor Relations Act
3 'United Electrical, Radio & Machine Workers of America, Local
711 (C. I. O) has been designated and selected by a majority of the
employees in the above unit as their representative for the purposes
of collective bargaining and is the exclusive representative of all em-
ployees in said unit, within the meaning of Section 9 (a) 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 Relations Act,
IT is HEREBY CERTIFIED that United Electrical, Radio & Machine
Workers of America, Local 711 (C. I. 0) has been designated and
selected by a majority of the Company's police and watchmen, exclud-
ing police officers with the title of Captain, Lieutenant, Sergeant and
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 419
the Plant Defense Chief, of the Mansfield, Ohio, Division, as their rep-
resentative for the purposes of collective bargaining, and that, pursu-
ant to the provisions of Section 9 (a) of the Act, United Electrical,
Radio & Machine Workers of America, Local 711 (C I. 0 ) is the
exclusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment