Westinghouse Electric & Mfg. Co.

National Labor Relations Board - Board Decisions

Dec 10, 1941

37 N.L.R.B. 464 (N.L.R.B. 1941)

In the Matter Of WESTINGHOUSE ELECTRIC & MFG. CO., PERSI-IING ROAD-
PLANT, CHICAGO, ILLINOIS and UNITED ELECTRICAL, RADIO & MACHINE
WORKERS OF AMERICA, (C. I. 0.)
Case No. R-3329.-Decided December 10, 1941
Investigation and Certification of Representatives : stipulation for certification
upon pay-roll check.
Mr. Charles A. Graham, for the Board.
Mr. R. E. Powers, of Chicago, Ill., for the Company.
Mr. Ernest DeMaio, of Chicago, Ill., for the United.
Mr. Robert N. Cook, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 25, 1941, United Electrical, Radio & Machine Workers
of America, affiliated with the Congress of Industrial Organizations,
herein called the United, filed with the Regional Director for the,
Thirteenth Region (Chicago, Illinois), a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees at the Pershing Road Plant of Westinghouse Electric &
Mfg. Co., Chicago, Illinois, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On November 5, 1941, 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, ; as amended, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice. On Novem-
ber 14, 1941, the Company, the United, and the Regional Director for
the Board, entered into a "STIPULATION FOR CERTIFICATION UPON PAY-
ROLL CHECK."
Pursuant to the stipulation, on November 14, 1941, the Regional
Director conducted a pay-roll check among all watchmen employed
37 N. L R B., No. 75.
464
WESTINGHOUSE ELECTRIC & MFG. CO. 465
by the Company at its Pershing Road Plant, excluding the chief
;watchman, to determine whether or not these employees desired to be
represented by the United for the purposes of collective bargaining.
On November 14, 1941, the Regional Director issued and duly served
-upon the parties his Pay-Roll Check Report. No objections to the
Pay-Roll Check Report have been filed by any of the parties.
In his report, the Regional Director reported as follows concern-
ing the results of his pay-roll check :
Total number of eligible watchmen ___________________________ 7
Total number of eligible watchmen designating the United as
representative for the purposes of collective bargaining------ 5
Upon the basis of the stipulation and Pay-Roll Check Report 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 at the Pershing Road Plant of Westinghouse
.Electric & Mfg. Co., Chicago, Illinois, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor Relations Act.
2. All watchmen employed at the Pershing Road Plant of Westing-
house Electric & Mfg. Co., excluding the chief watchman, constitute
a ,unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. United Electrical, Radio &, Machine Workers of America has been
designated and selected by a majority of all watchmen, excluding the
chief watchman, as their representative for the purposes of collective
bargaining, 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, affiliated with the Congress of Industrial Organi-
zations, has been designated and selected by a majority of all watch-
men at the Pershing Road Plant of Westinghouse Electric & Mfg.
-Co., excluding the chief watchman, as their representative for the
purposes of collective bargaining, and that pursuant to the provisions
of Section 9 (a) of the Act, United Electrical, Radio & Machine
Workers of America, affiliated with the Congress of Industrial Organi-
zations, 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.