Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 6, 1943

52 N.L.R.B. 460 (N.L.R.B. 1943)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY and MIDDLE ATLANTIC DISTRICT SALARIED EMPLOYEES Assoc.,
AFFILIATED WITH FEDERATION OF WESTINGHOUSE INDEPENDENT UNIONS
Case No. R-5789.-Decided September 6, 1943
Mr. Robert D. Blasier, of Pittsburgh, Pa., for the Company.
Messrs. Charles Y. Bellerjeau, of Haddon Heights, N. J., H. J.
Schaefer, Jr., of Merion, Pa., and Karl M. Busier, of Glenside, Pa.,
for the Union.
Miss Olive N. Barton, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Middle Atlantic District Salaried Em-
ployees Assoc., affiliated with Federation of Westinghouse Inde-
pendent Unions, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Westinghouse Electric & Manufacturing Company, Phila-
delphia, Pennsylvania, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Geoffrey J. Cunniff, Trial Examiner. Said hearing was
held at Philadelphia, Pennsylvania, on August 3,1943. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity 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. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case,' the Board makes the following :
' Subsequent to the hearing the Company requested that certain typographical errors in
the official transcript of the record be corrected. The Union agreed to most of these
corrections . The record is hereby ordered corrected in those respects in which the parties
are agreed. -
52 N. L. R. B., No. 72.
460
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 461
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Westinghouse Electric & Manufacturing Company and its consoli-
dated subsidiaries, is a Pennsylvania corporation, engaged in the man-
ufacture, distribution, and sale of electrical products of various kinds,
ordnance material and various items used by the armed forces. We are
here concerned with the employees of the Middle Atlantic District Main
Office of the Company at 3001 Walnut Street, Philadephia, Pennsyl-
vania. The Company has 24 major manufacturing plants located in
various States and its raw materials are transported in interstate com-
merce. During 1942, it sold finished products valued at over $487,-
000,000 throughout the United States and foreign countries. Over 90
percent of the Company's business is war work.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
U. THE ORGANIZATION INVOLVED
Middle Atlantic District Salaried Employees Assoc., affiliated with -
Federation of Westinghouse Independent Unions, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 5, 1943, the Union requested that the Company enter into
collective bargaining relations with it on behalf of certain employees.
On May 17, 1943, the Company refused to grant such recognition
pending Board certification of the Union as the proper bargaining
agency.
A statement of the Regional Director, introduced into evidence, in-
dicates that the Union represents a substantial number of employees
in the unit hereinafter found appropriate.2
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 Act.
2 The Regional Director stated that the Union submitted 144 authorization cards, of
which 137 bore apparently genuine original signatures , corresponding with names on the
Company's undated pay roll of 254 names. All but 5 of the cards were dated between
March and May 1943; 5 were undated.
462 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The parties are in general agreement that a unit of salaried em-
ployees is appropriate, but there is a dispute as to the inclusion of
certain categories.
Both parties agree to the exclusion of 5 secretaries who concededly
have access to confidential information relating in part to labor!
relations. From the record it appears that 8 or 12 additional
secretaries may have access to similar information. It is the practice
of the Board to exclude from a bargaining unit employees who have
access to confidential information relating to labor relations. In
accordance with the request of the Company, we shall exclude all
secretaries who have confidential duties, as indicated above.
The Company employs about 18 telephone operators and a shop
clerk, whom the Union would exclude. No attempt has been made
by the Union to organize these employees. The record shows that
another labor organization presently claims to represent them and
we shall therefore exclude such employees from the unit. However,
our decision in this respect shall not preclude a later finding that tele-
phone operators and shop clerks may properly be included in a unit
with salaried workers.
In accordance with the above and the agreement of the parties, we
find that all salaried employees of the Middle Atlantic District Main
Office,of the Company, located at 3001 Walnut Street, Philadelphia,
Pennsylvania, including those in the application, engineering and
order service department, engineering and service department, lamp,
division, electric appliance division, treasury department, accounting
department, x-ray division, and maunfacturing and repair depart-
ment, but excluding confidential secretaries, telephone operators, all
employees in the turbine division, the shop clerk of the maintenance
and repair department shop, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 463
DIRECTION OF ELECTION
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, Section 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 collective bargaining with Westinghouse
Electric & Manufacturing Company, Philadelphia , Pennsylvania, an
election by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Fourth
Region, acting in this matter as agent for the National Labor Relations
Board , and subject to Article III, Sections 10 and 11, of said Rules
and Regulations , among the employees in the unit found appropriate
in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction , including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off , and including employees in
the armed forces of the United States who present themselves in
person at the polls , but excluding those employees who have since
quit or been discharged for cause , to determine whether or not they
desire to be represented by Middle Atlantic District Salaried
Employees Assoc. affiliated with Federation of Westinghouse
Independent Unions, for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.