Westinghouse Electric & Mfg. Co.

National Labor Relations Board - Board Decisions

Dec 12, 1939

18 N.L.R.B. 261 (N.L.R.B. 1939)

In the Matter Of WESTINGHOUSE ELECTRIC & MFG. Co. and UNITED
ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL
No. 612
Case No. R-1618.-Decided December 12, 1939
Electrical Apparatus Manufacturing Industry-Investigation of Representa-
tives: controversy concerning representation of employees : stipulated-Unit
Appropriate for Collective Bargaining : production and maintenance employees
of Company 's Porcelain Division, Derry, Pa., exclusive of technical, clerical, and
supervisory employees , stipulated and found-Election Ordered: eligibility to
vote determined by a recent pay roll , as stipulated
Mr. Robert H. Kleeb, for the Board.
Mr. William E. Miller, of Pittsburgh, Pa., for the Company.
Mr. Fred Haug, of East Pittsburgh, Pa., for the United.
Mr. Joseph Lightcap, Jr., of Latrobe, Pa., for the Independent.
Mr. Joseph Forer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 25, 1939, United Electrical, Radio and Machine
Workers of America, Local No. 612, herein called the United, filed
with the Regional Director for the Sixth Region (Pittsburgh, Penn-
sylvania) a petition, and on October 16, 1939, an amended petition,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Westinghouse Electric & Mfg. Co.,
Porcelain Division,' Derry, Pennsylvania, 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 October 17, 1939, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of • National
Labor Relations Board Rules and Regulations-Series 2, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
i Referred to in the order of the Board directing an investigation and hearing as "West-
inghouse Electric & Mfg. Co."
18 N. L. R. B., No. 42.
261•
262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On October 31, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the United,
and Independent Electrical and Porcelain Workers of Pennsylvania,
of Derry Borough, herein called the Independent, a labor organiza-
tion claiming to represent employees directly affected by the investi-
gation.
Pursuant to the notice, a hearing was held on November 13, 1939,
at Pittsburgh, Pennsylvania, before Berdon M. Bell, the Trial Exam-
iner duly designated by the Board. The Board, the Company, and
the Independent were represented by counsel, and the United by its
representative; all participated in the hearing. Full opportunity to
be heard and to introduce evidence bearing on the issues was afforded
all parties. No witnesses were called, and a stipulation dated Novem-
ber 13, 1939, signed by the Board's counsel, the Company, the United,
and the Independent, was introduced in evidence in lieu of testimony.
The stipulation referred to provides :
STIPULATION
Whereas, United Electrical, Radio & Machine Workers of
America, Local No. 612, affiliated with the Congress of Industrial
Organizations, a labor organization within the meaning of the
National Labor Relations Act, has by petition dated September
25, 1939, and by amended petition dated October 16, 1939, re-
quested the National Labor Relations Board, Sixth Region, for
an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act; and
Whereas, Independent Electrical and Porcelain Workers of
Pennsylvania, of Derry Borough, unaffiliated, a labor organiza-
tion within the meaning of the National Labor Relations Act,
is named in said Petition as a party interested in the investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act; and
Whereas, Westinghouse Electric & Manufacturing Company-
Porcelain Division, at Derry, Pennsylvania, is unwilling to
consent to an election for the determination of the said repre-
sentatives, but is not desirous of opposing or delaying said
determination ;
Now, therefore, the undersigned agree as follows :
I
For the sole purpose of providing an agreed statement of such
facts, and thereby avoiding the time and expense of all con-
cerned involved in testimony on the facts, the. undersigned agree
that the following facts are true :
WESTINGHO'USE E'L'EC'TR.'IC & MANUFACTURING COMPNNY 263
A. Westinghouse Electric & Manufacturing Company is a
Pennsylvania corporation and owns and operates a number of
factories and plants throughout the country. Its sales activities
extend to every state. At the Porcelain Division, which is located
at Derry, Pennsylvania, the Company manufactures porcelain
insulators for electric power lines and various types of electrical
apparatus. Ninety-five per cent of the raw materials used at
Derry are shipped to the plant from outside the State of Penn-
sylvania. Of the Division's total production, forty per cent is
sold or shipped to points outside Pennsylvania. The volume of
business at the Derry plant during the year 1938 was $756,562.00.
On September 30, 1939, four hundred eight persons were em-
ployed by the Division at Derry.
Westinghouse Electric & Manufacturing Company-Porce-
lain Division, agrees that its operations are within the jurisdic-
tion of the National Labor Relations Board for the purposes of
this proceeding.
B. United Electrical, Radio & Machine Workers of America,
Local No. 612, and Independent Electrical and Porcelain
Workers of Pennsylvania, of Derry Borough, each claim to rep-
resent a majority of the employees at the Porcelain Division of
the Company within the unit hereinafter described.
C. Westinghouse Electric & Manufacturing Company-Porce-
lain Division, has no knowledge as to whether United Electrical,
Radio & Machine Workers of America, Local No. 612, or Inde-
pendent Electrical and Porcelain Workers of Pennsylvania, of
Derry Borough, represent the majority of the employees
involved.
D. United Electrical, Radio & Machine Workers of America,
Local No. 612, is a labor organization affiliated with the Con-
gress of Industrial Organizations. Local No. 612 admits to
membership all production and maintenance employees within
the hereinafter-described unit at the Company's Porcelain Divi-
sion at Derry, Pennsylvania.
E. The Independent Electrical and Porcelain Workers of
Pennsylvania, of Derry Borough, is an unaffiliated labor organ-
ization likewise admitting to membership all production and
maintenance employees within the hereinafter-described unit at
the Company's Porcelain Division at Derry, Pennsylvania.
II
It is hereby agreed among the parties hereto :
A. That a question has arisen concerning representation of
employees of the Company at its Porcelain Division in Derry,
Pennsylvania.
283029-41-vol. 18-18
264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
B. That the question concerning representation which has
arisen, occurring in connection with the operations of the Com-
pany 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.
C. That an election pursuant to an Order of the National
Labor Relations Board is desired by the parties hereto, to be
held in accordance with the Rules and Regulations of the Na-
tional Labor Relations Board.
D. That the production and maintenance employees of the
Company at its Porcelain Division in Derry, Pennsylvania, ex-
clusive of technical, clerical, and supervisory employees, consti-
tute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to employees of the Company at
its Porcelain Division the full benefit of their right to self-
organization and collective bargaining and otherwise to effectuate
the policies of the National Labor Relations Act.
E. That all employees in the appropriate unit who were on
the Company's Porcelain Division payroll on September 30, 1939,
shall be eligible to vote in the election ordered by the National
Labor Relations Board.
III
The parties hereby agree that if it is determined by the Na-
tional Labor Relations Board that either of the above-mentioned
labor organizations represents a majority of the employees
within the appropriate unit, then the said Company agrees to
proceed to bargain collectively with said organization as certified
by the National Labor Relations Board as the exclusive repre-
sentative of all the employees in the appropriate unit for the
purposes of collective bargaining in respect to rates of pay, hours
of employment and other conditions of employment.
Upon the above stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Westinghouse Electric & Mfg. Co. is a Pennsylvania corporation
owning and operating a number of factories and plants throughout
the country, with sales activities extending to every State. At its
Porcelain Division, located at Derry, Pennsylvania, it manufactures
WESTINGHOUSE ELECTRPC & MANUFACTURING COMPANY 265
porcelain insulators for electric power lines and various types of
electrical apparatus. Ninety-five per cent of the raw materials used
at the Derry plant are shipped thereto from points outside the State
of Pennsylvania. Forty per cent of the total products of the Derry
plant are sold or shipped to points outside of Pennsylvania. During
1938 the volume of business at the Derry plant was $756,562. On
September 30, 1939, 408 persons were employed at the plant. The
Company concedes the jurisdiction of the Board for the purposes of
this proceeding.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio and Machine Workers of America, Local
No. 612, is a labor organization affiliated with the Congress of Indus-
trial Organizations. It admits to its membership all production
and maintenance employees, exclusive of technical, clerical, and
supervisory employees, of the Company's Porcelain Division at
Derry, Pennsylvania.
Independent Electrical and Porcelain Workers of Pennsylvania,
of Derry Borough, is an unaffiliated labor organization admitting to
its membership all production and maintenance employees, exclusive
of technical, clerical, and supervisory employees, of the Company's
Porcelain Division at Derry, Pennsylvania.
III. THE QUESTION CONCERNING REPRESENTATION
The United and the Independent each claim to represent a majority
of the production and maintenance employees of the Company at its
Derry Division, exclusive of technical, clerical, and supervisory em-
ployees. The parties have stipulated that a question has arisen con-
cerning representation of employees of the Company at its Derry
Division, and the Company has agreed to bargain collectively with
the organization certified by the Board.
We find that a question has arisen concerning 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 com-
merce and the free flow of commerce.
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
We find that the production and maintenance employees of the
Company at its Porcelain Division in Derry, Pennsylvania, exclusive
of technical, clerical, and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and collective bargaining and otherwise
effectuate the policies of the Act.
VT. THE DETERMINATION OF REPRESENTATIVES
We find that an election by secret ballot is necessary to resolve the
question which has arisen concerning representation.
The parties have stipulated that eligibility to vote shall be deter-
mined by the September 30, 1939, pay roll of the Company's Porcelain
Division. At the hearing a copy of this pay roll was received in
evidence, and both the United and the Independent stated that it
was satisfactory. In view of the recent date of the pay roll and the
agreement thereon of both labor organizations, we shall direct that
eligibility to vote shall be determined thereby.
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 Westinghouse Electric & Mfg. Co., Porce-
lain Division, Derry, Pennsylvania, within the meaning of Section
9 (c) and Section 2 (6), and (7) of the Act.
2. The production and maintenance employees of the Company
exclusive of technical, clerical, and supervisory employees, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act.
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 Rela-
tions Act and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Westinghouse Electric & Mfg. Co., an election by secret ballot
shall be conducted as early as possible but not later than thirty (30)
WESTINGHOUSE ELECT'R'IC & M'ANUI AC'TUQIING Co,IIPA^;Y 267
days from the date of this Direction of Election, under the direction
and supervision of the Regional Director for the Sixth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among the production and maintenance employees of Westinghouse
Electric & Mfg. Co., Porcelain Division, Derry, Pennsylvania, whose
names are listed on the pay roll of the Company dated September
30, 1939, excluding technical, clerical, and supervisory employees, and
any employees who have since quit or been discharged for cause, to
determine whether they desire to be represented by United Elec-
trical, Radio and Machine Workers of America, Local No. 612, affil-
iated with the Congress of Industrial Organizations, or by
Independent, Electrical and Porcelain Workers of Pennsylvania, of
Derry Borough, for the purposes of collective bargaining, or by
neither.