Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 4, 1942

45 N.L.R.B. 1063 (N.L.R.B. 1942)

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING COX-
PANY,'NAVAL ORDNANCE DIVISION and 'INTERNATIONAL ASSOCIATION
OF MACHINISTS, KENTUCKY LODGE 830, A. F. OF L.
Case No. R-4306
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
December 4,194
On October 12, 1942,,the National Labor Relations Board issued a
Deci's'ion -and Direction of Election in the above-entitled proceeding.'
Pursuant to the Direction of Election, an election by secret ballot
was conducted on October 26,1942, under the direction and supervision
of the Regional Director for the Ninth Region (Cincinnati, Ohio).'
On October 27, 1942, the Regional Director, acting pursuant to Article
III, Section 10, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly served upon the parties
an Election Report. No objections to the conduct of the ballot or the
Election Report have been filed by any of the parties.
As to the balloting and its results, the, Regional Director reported
as follows :
Total on eligibility list------------------------------------- 73
Total ballots cast ----------------------- '--------------- ----- 59
Total ballots challenged ------------------------------- ------ 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- • 0
Total valid votes cast--------------------------------------- 59
Votes cast for United Electrical, Radio & Machine Workers
of America, C. I. 0-------------------------------------- 49
Votes cast for International Association of Machinists, Ken-
tucky Lodge 830, A. F. of L------------------------------- 10
Votes cast for Neither-------------------------------------- 0
By letter dated November 3, 1942, International Association of Ma-
cchinists, Kentucky Lodge 830, A. F. of L., herein called the I. A. M.,
requested that, in its Certification of Representatives, the Board amend
144 N L. R 13.1071.
45 N. L. R. B, No. 149.
r-
1063
1064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the appropriate unit finding by inserting the word "salaried" before
the word "inspectors" and the words "tool designers" appearing
therein. In support of this request the I. A. M. points out that the
Board previously certified it as the bargaining representative for all
production and maintenance employees of the Company, including
group leaders,2 and that thereafter the Company and the I. A._ M.
entered into a collective bargaining contract covering "all hourly
rated employees, including group leaders." The I. A. M. alleges that
unless its request is granted, there amay be a conflict and overlapping
between the 'unit for which it is recognized in its contract with the
Company and the unit of inspectors and tool designers herein found
appropriate by the Board. Inasmuch as it appears from the record
-that all inspectors and tool designers employed by the Company are
paid on a salary basis, we perceive no conflict between the production
and maintenance unit for which the I. A. M. is certified and which it
represents by virtue of its contract with the Company, and the unit
comprised of inspectors and tool designers which we found appropri-
ate in,the instant proceeding. Accordingly, the request of the I. A. M.
is liereby denied.
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 and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended.
IT IS HEREBY CERTIFIED that United Electrical, Radio &_ Machine
Workers of America, C. I. 0., has been designated and selected by a
majority of inspectors and tool designers employed by Westinghouse
Electric & Manufacturing Company, Naval Ordnance Division, L• ouis-
ville, Kentucky, excluding production and maintenance employees,
group leaders, clerical employees, supervisors, and those having the
right to hire and discharge, 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 with respect to rates.of pay, wages, hours of
employment, and- other conditions of employment.
MR. GERARD D. REILLY took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.
2 39 N . L. R. B. 29.