Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 27, 1940

21 N.L.R.B. 1150 (N.L.R.B. 1940)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COM-
PANY, LIGHTING DIVISION 1 and METAL POLISHERS, BUFFERS, PLATERS,
SPINNERS & HELPERS INTERNATIONAL UNION, LOCAL No. 3, A. F. of L.
In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING COMi-
PANY, LIGHTING DIVISION and EMPLOYEES FEDERATION OF THE WEST-
INGHOUSE ELECTRIC & MANUFACTURING COMPANY, LIGHTING DIVISION'
(UNAFFILIATED )
Cases Nos. R-1706 and R-1707, respectively.Decided March 27, 1940
Electric Furtures Manufacturing Industry-Investigation of Representatives:
controversy concerning representation of employees ; rival organizations ; con-
troversy concerning appropriate units ; refusal of employer to grant exclusive
recognition prior to certification by Board-Units Appropriate for Collective
Bai gaining: controversies as to : inclusion of polishers, buffers, spinners, platers,
and their helpers in craft or industrial unit ; if craft unit, inclusion or exclusion
of galvanizers, degreasers, Alzak processors, and their helpers from said craft
unit; clerical and time-study employees and engineers, in industrial unit ; scope
of supervisory exclusions • all supervisory employees whose duties require then to
supervise work of others, excluded ; Held: production, maintenance and service
employees, including galvanizers, degreasers, Alzak processors, and their helpers,
and policemen constitute a unit; desires of polishers, etc and of clerical employees
(clerical and time-study employees, engineers, blue-print machine operator, cost
analyst, manufacturing analyst, purchasing agent, and nurse) to determine their
inclusion in or exclusion from industrial unit-Elections Ordered: three separate
elections.
Mr. Drexel A. Sprecher, for the Board.
Mr. William E. Miller, of Pittsburgh, Pa., for the Company.
Mr. Harry A. Gillis, of Cleveland, Ohio, for the Federation.
Mr. Ray Kelsay, of Cincinnati, Ohio, for the Metal Polishers.
Mr. Arthur L. Garfield and Mr. Joseph Kres, both of Cleveland,
Ohio, for the United.
Mr. David Delman, of counsel to the Board.
1Incorrectly designated in the petition filed in Case No R-1706 and referred to in the
order of the Board directing an investigation and hearing as "Westinghouse Lamp Divi-
sion. " At the hearing the title was amended by agreement of all parties.
21 N. L. R. B., No. 118.
1150
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 1151
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On November 10, 1939, Metal Polishers, Buffers, Platers, Spinners
& Helpers International Union, Local No. 3, A. F. of L., herein called
the Metal Polishers, filed with the Regional Director for the Eighth
Region (Cleveland, Ohio), a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
the Westinghouse Electric & Manufacturing Company, Lighting Divi-
sion, Cleveland, Ohio, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On November 29, 1939, Employees Federation of the West-
inghouse Electric & Manufacturing Company, Lighting Division,
herein called the Federation, filed a similar petition with the same
Regional Director.
On January 12, 1940, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act, and
Article III, Section 10 (c) (2) and (3), of National Labor Relations
Board Rules and Regulations-Series 2, issued its order consolidating
these cases and directing the Regional Director to, conduct an investi-
gation and to provide for an appropriate hearing upon due notice.
On January 17, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Metal Pol-
ishers, the Federation, and the United Electrical, Radio & Machine
Workers of America, herein called the United, a labor organization
purporting to represent employees directly affected by the investi-
gation.
Pursuant to the notice, a hearing was held on January 25 and 26,
1940, at Cleveland, Ohio, before Berdon M. Bell, the Trial Examiner
duly designated by the Board. At the opening of the hearing an
oral motion to intervene was made by the United. The motion was
granted by the Trial Examiner. The Board and the Company were
represented by counsel; the Federation, the Metal Polishers, and the
United by their representatives. All participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing, the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
affirmed. At the conclusion of the hearing the United moved to dis-
miss both petitions on the ground that no question had arisen con-
cerning the representation of the Company's employees.2 The Trial
Examiner did not rule on this motion. The motion is hereby denied.
The Federation moved to dismiss the United's "Petition of Interven-
tion" on the ground that there was no proof that the United repre-
sented any of the employees in the Lighting Division. The Trial
Examiner reserved his ruling. The motion is hereby denied. The
United and the Federation filed briefs, which the Board has duly
considered.
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 Pennsyl-
vania corporation owning and operating a number of plants located
throughout the country. The Company has, and transacts business
through, sales offices, agent jobbers, service shops, and warehouses in
various cities throughout the United States, as well as abroad.
These proceedings are concerned solely with the plant of the Com-
pany known as the Lighting Division, located in Cleveland, Ohio. At
its Lighting Division the Company manufactures luminaires and
fixtures for commercial, industrial, floodlighting, aviation, and street
lighting application. During the year 1939 approximately 65 per cent
of the raw materials used at the Lighting Division came from points
outside the State of Ohio and approximately 90 per cent of the Light-
ing Division's finished products were shipped to points outside the
State of Ohio. During 1939 the total amount of purchases at the
Lighting Division was approximately $1,700,000, and the total amount
of sales was approximately $3,500,000. On January 3, 1940, 558 persons
were employed by the Company at the Lighting Division.
The Company concedes the jurisdiction of the Board for the pur-
poses of this proceeding.
II. THE ORGANIZATIONS INVOLVED
Metal Polishers, Buffers, Platers, Spinners & Helpers International
Union, Local No. 3, is a labor organization affiliated with the American
2 As an additional ground for its motion , the United argued that the employees of the
Company in the Lighting Division would not have a free choice if an election were ordered
because of the alleged refusal of the Company to bargain collectively with the United at
plants other than that involved in these proceedings and that no fair election can be held
until the Board has rendered its decision in proceedings under Section 8 (5) of the Act
now pending against the Company with respect to the said plants.
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 1153
Federation of Labor. It admits to its membership all polishers, buffers,
spinners, platers, and their helpers, who are employed by the Company
at the Lighting Division.
Employees Federation of the Westinghouse Electric & Manufactur-
ing Company, Lighting Division, is an unaffiliated labor organization
admitting to its membership all employees of the Company at the
Lighting Division except "those persons having authority to hire or
discharge employees, or those persons in an administrative capacity
having authority to determine rates of pay, wages, hours of employ-
ment, or other conditions of employment."
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations.
The United admits to its membership production and maintenance
employees of the Company at the Lighting Division.
III. THE QUESTION CONCERNING REPRESENTATION
On October 10, 1939, the Metal Polishers requested the Company
to recognize it as the exclusive bargaining representative for all
polishers, buffers, spinners, platers, and their helpers employed at the
Lighting Division. The Company declined to do so unless and until it
had been so certified by the Board.
On November 12, 1937, and on several occasions thereafter, the Fed-
eration requested the Company to recognize it as the exclusive bargain-
ing representative for all employees of the Lighting Division. The
Company declined to do so unless and until it had been so certified by
the Board.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States, and tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
V. THE APPROPRIATE UNIT
The Metal Polishers seek a unit consisting of all polishers, buffers,
spinners, platers, and their helpers, excluding galvanizers, degreasers,
A1zak processors, and their helpers, and exclusive of supervisory and
clerical employees.
The Federation seeks a unit consisting of all employees except those
"having authority to hire or discharge employees, or those persons
1154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in an administrative capacity having authority to determine rates of
pay, wages, hours of employment, or other conditions of employment." 3
The United contends that all production and maintenance employees,
exclusive of clerical employees, time-study employees, draftsmen, en-
gineers, policemen, and supervisory employees constitute an appro-
priate unit. However, we shall attach little weight to this conten-
tion since the United introduced no evidence as to its membership and,
at the conclusion of the hearing, stated that it did not wish its name
to be placed on the ballot if an election were ordered.
Polishers, buffers, spinners, platers, and their helpers
The issues raised by the conflicting claims of the Metal Polishers
and the Federation will be considered first. The Metal Polishers
wants galvanizers, degreasers, Alzak processors, and their helpers ex-
cluded from its unit. The Federation, opposing any separate unit
whatsoever, contended at the conclusion of the hearing that the gal-
vanizers, degreasers, Alzak processors, and their helpers should be
permitted to vote with the polishers, buffers, spinners, platers, and
their helpers, if a separate election is directed.
The work of the platers and plater helpers consists primarily of
electro-plating. The functions of the galvanizers, degreasers, Alzak
processors, and their helpers, as the classifications assigned to them
by the Company indicate, differ from those of the platers and plater
helpers. The galvanizers are engaged primarily in hand plating;
the degreasers in cleaning; and the Alzak processors in a special
process which does not involve ,plating. The differences between the
work 'of the platers and plater helpers, on 'the one hand, and the gal-
vanizers, degreasers, Alzak processors, and their helpers, on the other,
are sufficiently pronounced to make the latter group ineligible for
membership in the Metal Polishers, although they are eligible for
membership in, and are claimed to be members of, the Federation.
We therefore shall exclude the galvanizers, degreasers, Alzak proc-
essors, and their helpers from the unit of polishers, buffers, spinners,
platers,' and their' helpers.
We turn to a consideration of the appropriateness of this separate
unit. The polishers, buffers, and spinners occupy part of the third
floor of an eight-story building. The platers are located in a con-
tiguous building. These employees constituted a total of 23 on Janu-
ary 3, 1940; 8 polishers and buffers, 11 spinners, 4 platers and plater
'helpers.
!The Federation 's petition designates "all employees" as the appropriate unit. At the
hearing , the petition was amended in this respect , on motion of the Federation , by adding
to the words "all employees" the exception clause which is quoted above.
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 1155
Organizational activities at the Lighting Division were begun by
the Metal Polishers in 1936. Sometime thereafter its request for a
written contract covering the polishers, buffers, and spinners was re-
fused. In 1937 representatives of the Company and of the Metal
Polishers met in conference with one Faulkner of the Conciliation
Service, United States Department of Labor, in an effort to settle a
wage-rate dispute which had arisen between the Company and the
-polishers and buffers. The testimony as to the results of this con-
ference is in sharp conflict. Ray Muehlhoffer, the Metal Polishers'
business agent, testified that the specific dispute was settled to the
Metal Polishers' satisfaction, .and that a verbal agreement was reached
whereby the Company recognized `the Metal Polishers ' as collective
bargaining agent for the polishers, buffers, and spinners. C. A. Fike,
superintendent of the Lighting Division, testified that the Company
has never agreed to recognize the Metal Polishers as collective bar-
gaining agent with respect to wages, hours, and working conditions.
-Nor could he recall that a settlement of the wage-rate dispute was
reached at the conference with Faulkner. In September 1939 the
Metal Polishers' final request for a written contract was refused, the
Company replying that its policy is to require certification by the
Board prior to the execution of a written agreement with any labor
organization.
The Federation, organized in July 1937, claims that it has negotiated
with the Company for improvement of the suction devices in the
polishing and buffing department, and for the elimination of fumes in
the plating department. In December 1939, it requested and obtained
an increase in wages for 91 employees of the Company at the Lighting
Division. It is to be noted that noise of' these %-,,age increases ;applied
to the polishers and buffers or to the spinners, whereas in 1936 or 1937
the spinners were granted an increase in their base wage rate as a
result of bargaining between the Company and the spinners' shop
committee of the Metal Polishers.
Although the duties of the polishers, buffers, spinners, platers, and
their.helpers, •require a relatively high, degree of. skill, a number of
other skilled groups-of employees, such as coreipakers, patternmakers,
and toolmakers, are employed at the Lighting Division. The work of
the polishers, buffers, spinners, platers, and their helpers is part of a
continuous process of manufacturing finished products from. raw ma-
terials in which there is complete interdependence, each department
contributing some measure of labor to the finished product. Like
other production and maintenance employees they are paid on an
hourly wage basis. Moreover,•they constitute but a small part of the
total number of employees at the Lighting Division.
1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On the basis of the entire record, it appears that the polishers,
buffers, spinners, platers, and their helpers employed at the Company's
Lighting Division might properly be considered either as a separate
unit appropriate for the purposes of collective bargaining, as claimed
by the Metal Polishers, or as part of a single plant-wide unit, as
claimed by the Federation. Under such circumstances, we apply the
principle that the determining factor is the desires of the polishers,
buffers, spinners, platers, and their helpers.4 On this point, the record
is inconclusive. The.Metal Polishers claims as its members all the
polishers, buffers, and spinners. The Federation, claiming among its
members the platers and their helpers, asserts in its brief that a major-
ity of the spinners wants a single plant-wide unit.
We shall order an election among the polishers, buffers, spinners,
platers, and their helpers, exclusive of supervisory and clerical em-
ployees, and excluding galvanizers, degreasers, Alzak processors and
their helpers, to determine whether they wish to be represented by the
Metal Polishers or the Federation. If these employees choose the
Metal Polishers, they will constitute a separate and distinct appro-
priate unit. If they choose the Federation, they will be merged into
the plant-wide industrial unit.
Clerical employees, time-study employees, engineers, blue-print ma-
chine operator, cost analyst, manufacturing analyst, assistant pur-
chasing agent, nurse
Th'e' Federation contends that the clerical employees (including
stenographers, typists, secretaries; dictaphone, telephone and telegraph
operators; accounting, filing, ledger, order service, pay roll, posting,
production, sales, and time clerks; and mail boys), the time-study em-
ployees and the engineers should be included with all other employees
in one unit. The United urges the exclusion of the clerical employees,
the time-study employees, and the engineers from the unit of produc-
tion and maintenance employees. The Company indicated no prefer-
ence on the issue thus raised. Because they are closely associated by
virtue of skill, rates of pay, hours, and working conditions with the
'clerical employees, the time-study employees, and the engineers, we
shall include in this group the blue-print machine operator, the cost
analyst, the manufacturing analyst, the assistant purchasing agent, and
the nurse. For the sake of convenience, we shall hereinafter refer to
all of these employees as the clerical employees.
The clerical employees are located primarily in the factory office
and on the sixth, seventh, and eighth floors of the eight-story admin-
istration-building. While the production and maintenance employees
are supervised by factory and foundry foremen responsible to the
4 Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local No. 3,
et al, 3 N. L. R. B. 294, and subsequent cases.
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 1157
superintendent, the clerical employees are supervised by division man-
agers of engineering, sales, sales promotion, order service, stock con-
trol and factory production. These managers in turn are responsible
to W. F. White, manager of the Lighting Division, to whom all requests
concerning wages, hours, or improved working conditions for clerical
employees would ordinarily be addressed. In the course of his testi-
mony, White stated that he could not recall an instance when any such
request was made.
The clerical employees are paid a bimonthly or monthly salary, and
work from 8: 15 a. m. to 5 p. m., with three quarters of an hour for
lunch, whereas production and maintenance employees work on an
hourly wage basis from 7: 30 a. m. to 4 p. m. with a half hour off for
lunch. With respect to vacations, the two groups are governed by dif-
ferent policies.
These circumstances tend to lead to the conclusion that the clerical
employees should properly be excluded from the plant-wide unit. Sup-
porting this conclusion is the fact that clerical employees have been
excluded from the unit of production and maintenance employees in
plants of the Company other than the Lighting Division.5
However, the Federation, claiming as members more than 50 per
cent of the clerical employees, wants them included in a plant-wide
unit. The Company does not oppose their inclusion. In support of the
Federation's contention on this issue, there is evidence that the Federa-
tion has, at times, concerned itself with the clerical employees' griev-
ances. One such grievance involved complaints against high cafeteria
prices; another, objections by some clerical workers to a change from
bimonthly to monthly salary payments.
From the entire record, it appears that the clerical employees at
the Company's Lighting Division might properly be included either
with the plant-wide unit, as claimed by the Federation, or that they
might properly be excluded. Under such circumstances, we apply the
principle that the determining factor is the desire of the clerical
employees themselves.6 On this point, the record is inconclusive.
We shall, therefore, order an election among the clerical employees,
including the engineers, the time-study employees, the blue-print ma-
6 Cf Matter of Westinghouse Electric & Mfg Co and United Electrical, Radio and Maclhne
Workers of America , Local No 612, 18 N L R B 261; Matter of Westinghouse Electric &
Manufacturing Company and Westinghouse Employees Association , Inc (Independent), 18
N. L R B 115; Matter of Westinghouse Electric & Manufacturing Company and United
Electrical, Radio & Machine Workers of America , Local 724 , affiliated ibith the Congress of
Industrial Organizations , 14 N L. R. B. 263; Matter of Westinghouse Electric and Mann-
facturing Company-Porcelain Division at Derry, Pennsylvania and Independent Electrical
and Porcelain Workers of Pennsylvania of Derry Borough , 12 N L R B . 1360; Matter of
Westinghouse Electric & Manufacturing Company and United Electrical, Radio & Machine
Workers of America, 10 N. L R B 794
°Matter of Willys Overland Motors, Inc. and International Union, United Automobile
Workers of America, Local No. 12, 9 N . L R. B. 924; Matter of The Globe Machine and
Stamping Co. and Metal Polishers Union, Local No. 3, et al, 3 N L R. B. 294.
283032-41-vol. 21-74
1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chine operator, the cost analyst, the manufacturing analyst, the assist-
ant purchasing agent, and the nurse, but excluding supervisory
employees, to determine whether or not they desire to be represented
by the Federation. If these employees choose the Federation, they
will be merged into the plant-wide industrial unit. If they vote against
the Federation, they will be excluded from the said unit.
Production,, maintenance, and service employees
There remains a total of approximately 395 employees, not includ-
ing supervisory employees, who are employed iii. production,, main-
tenance, and service work in various departments of the factory and
foundry. With respect to this group, the sole issue is whether or not
the policemen should be excluded. The United desires their exclu-
sion. The Federation wants the policemen included. The Company
does not oppose their inclusion. Since the United offered no proof
of membership in the plant and does not desire to participate in the
elections to be directed, we do not attach much weight to its con-
tention. We shall include the policemen in the unit of production,
maintenance, and service employees.'
We find that the production, maintenance, and service employees
of the Company, at the Lighting Division,, including galvanizers, de-
greasers, Alzak processors and their helpers, and policemen, and in-
cluding or excluding polishers, buffers, spinners, platers, and their
helpers, depending upon the results of the election to be directed, and
including or excluding clerical employees depending upon the results
of the election to be directed, but excluding supervisory employees.
constitute a unit appropriate' for the purposes of collective. bar-
gaining and that said unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and will otherwise effectuate the policies of the Act.
Supervisory employees
We have heretofore indicated that supervisory employees shall be
'excluded'from any of the appropriate units which we may establish at
the Lighting Division in this proceeding. We shall further define the
limits of this exclusion. The Federation opposes the exclusion, from
any unit, of any employees except "those- persons having -authority to
hire or discharge employees, or those persons in an administrative
capacity having authority to determine rates of pay, wages, hours of
employment, or other conditions of employment." 8 The United urges
Matte, o f 1Pillys Overland Motors, Inc and- lnte i national Union , United Automobile
Wort,ets of America, Local No 12, 9 N L R B 924
s This is identical with the, language -,used in the Federation 's Aiticles of Incoypgration,
and in its Code of Regulations , to define the class of persons who are ineligible for mem-
bership therein.
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 1159
the exclusion of supervisory employees who have the power to recom-
mend dismissal, or who are responsible for the supervision of other
employees. The Company takes no position on this issue.
The Federation agreed to the exclusion of a group of 19 employees
who constitute the Company's "works supervisory force" at the Light-
ing Division. At the hearing, testimony was adduced which indi-
cates that there is a substantial number of supervisory employees
,who, although they are not listed as members of the "works super-
visory force," nevertheless should properly be excluded from any
of the appropriate units. Of this latter group, W. F. White, towhom
all employees at the Lighting Division are ultimately responsible,
characterized as "supervisory" the following individuals : H. R.
Davies, G. E. Humes, E. B. Karns, John Kempner, Edna Wallace,
N. C. 'Warner, B. M. Zerby. Still others, concerning whose duties
the record is otherwise silent, are designated on the Company's pay
roll as supervisory employees. Jacob Stubner, the Federation's presi-
dent, did not know whether or not Supervisory employees having the
power to recommend dismissal but who cannot hire or discharge em-
ployees, or determine wages, hours, or conditions of employment, are
eligible for membership in the Federation. It,is noteworthy that
in other plants of the Company all, supervisory employees have been
excluded from the appropriate unit."
On the basis of the entire record, we, shall exclude from the appro-
•priate units which may be determined in this proceeding, all super-
visory employees; i. e., the 19 individuals designated as members of
the "works supervisory force"; the persons characterized as "super-
visory" by White; to wit, H. R. Davies, G. E. Humes, E. B. Karns,
John Kempner, Edna Wallace, N. C. Warner, B. M. Zerby; and all
other employees of the Company, at the Lighting Division, whose
duties require them to supervise the work of other employees, whether
or not they have the power to hire or discharge, or to determine rates
of pay, wages, hours of employment, or other conditions of
employment.
VI. THE DETERMINATION OF REPRESENTATIVES
Neither the Federation nor the Metal Polishers introduced evidence
at the hearing which will petmit a certification of representatives on
the basis thereof. Elections by secret ballot will, therefore, be neces-
9 Cf Mattes of lVest . nghouse Electric it Mfy Co and Association of Westinghouse Sal-
aried Employees. 19 N L R B 640 ; Matter of lVestinalrousc Electric tC 31anufacturinq
Compa n y , ° huion I-tant and Sharon 1I 'estinghovse Employees Issociation , 19 N L R B
344: Ylattei of 1Vestnyhouss Electric f Mfg Co and United •S' lect,teal, Radio and Ma-
chinc 1Vo'A"is of America , Local - Vo file . 18 N L R B 261: Matter of lvestnnghouse
Dlectic f 31anufactua , ny Company-and lVeslinhpiouse Employees Assocaation,7nc (Inde-
p;n(lent ), 18 N I. R B 115 Matter of IVestinghonse Electric and Manufacturing
Company-Po, ccla a Dicisaon at Der) il , Pennsylvania and Independent Electrical and Por-
celain IVoil, eas of I 'Cnnsltll a is of Deity 13oaoagh , 12 N I, R B 1360
1160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sary to resolve the questions which have arisen concerning representa-
tion. At the conclusion of the hearing the United stated that it did
not wish to participate in the election. We shall make no provision
for its participation. In accordance with our usual practice, we shall
direct that eligibility to vote shall be determined with reference to
the pay-roll period last preceding the date of our Direction of
Elections.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Lighting Division of the Westinghouse
Electric & Manufacturing Company located at Cleveland, Ohio,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
2. The production, maintenance, and service employees of the Com-
pany, at the Lighting Division, including galvanizers, degreasers,
Alzak processors, and their helpers, and policemen, and including or
excluding polishers; buffers, spinners, platers, and their helpers, de-
pending upon the results of the election to be directed, and including
or excluding clerical employees,") depending on the results of the
election to be directed, but excluding supervisory employees, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
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
Relations Act and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Westing-
house Electric & Manufacturing Company at its Lighting Division, in
Cleveland, Ohio, separate elections by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days from the date
of this Direction of Elections -under the direction and supervision of
the Regional Director for the Eighth Region, acting in this matter
as agent for the National Labor Relations Board and subject to
10 As we have previously stated, this group includes time -study employees , engineers, the
blue -print machine operator , the cost analyst, the manufacturing analyst , the purchasing
agent , and the nurse, in addition to the clerical employees.
WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY 1161
Article III, Section 9, of said Rules and Regulations, among those
employees of Westinghouse Electric & Manufacturing Company,
Lighting Division, Cleveland, Ohio, who fall within the groups indi-
cated below who were on the Company's last regular pay roll im-
mediately preceding this Direction of Elections, including employees
who did not work during such pay-roll period because they were ill
or on vacation and employees who were then or have since been
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause :
(a) All polishers, buffers, spinners, platers, and their helpers, ex-
cluding galvanizers, degreasers, Alzak processors, and their helpers,
clerical employees," and supervisory employees, to determine whether
they desire to be represented for the purpose of collective bargaining
by Metal Polishers, Buffers, Spinners, Platers & Helpers International
Union, Local No. 3, or by Employees Federation of Westinghouse
Electric & Manufacturing Company, Lighting Division, or by neither;
(b) All clerical employees, including time-study employees, engi-
neers, the blue-print machine operator, the cost analyst, the manu-
facturing analyst, the assistant purchasing agent, and the nurse, but
excluding supervisory employees, to determine whether or not they
desire to be represented for the purpose of collective bargaining by
Employees Federation of Westinghouse Electric & Manufacturing
Company, Lighting Division;
(c) All production, maintenance, and service employees, including
galvanizers, degreasers, Alzak processors, and their helpers, and police-
men, but excluding polishers, buffers, spinners, platers, and their
helpers, clerical employees,12 and supervisory employees, to determine
whether or not they desire to be represented for the purpose of collec-
tive bargaining by Employees Federation of Westinghouse Electric &
Manufacturing Company, Lighting Division.
MR. EDWIN S. SMITH, concurring :
In view of the fact that the Metal Polishers has bargained with
the Company on behalf of the polishers, buffers, spinners, platers, and
their helpers, prior to the advent of the Federation, I concur in the
determination that the inclusion of such employees in the industrial
unit sought by the Federation should depend upon their desires as
expressed in a separate election 1'
11 See footnote 10, supra.
12 See footnote 10, supra.
Is See my concurring opinions in Matter of American Hardware Corporation and United
Electrical and Radio Workers of America, 4 N . L R. B. 412; Matter of The Central
Foundry Company and Steel Workers Organizing Commttee, 20 N. L R B. 131; and Matter
of United States Pipe & Foundry Company and Steel Workers Organizing Committee, 19
N L R B. 1016, and cases cited therein