Westinghouse Electric & Manufacturing Company And United Electrical, Radio & Machine Workers Of America, Local No. 410, Affiliated With The Congress Of Industrial Organizations, 807 (1940)

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL NO. 410, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1767. Decided June 18, 1940 Electrical Appliances Manufacturing Industry-Investigation of Representatives: controversy concerning representation of employees: refusal by employer to recognize union as exclusive representative of employees; until proven that it had been designated by.majority of employees-Unit Appropriate for Collective Bargaining: all production and maintenance employees at Bloomfield plant, excluding executives, foremen, supervisory employees, and salaried engineering, technical, and, clerical employees; agreement as to-Election Ordered Mr. D. R. Dimick, for the Board.

Mr. C. A. Reinwald and Mr. R. L. Gilpatric, of New York City.

for the Company.

Mr. Samuel L. Rothbard, of Newark, N. J., for the Union.

Mr. Ralph Ricciardi, of Newark, N. J., for the Independent.

Mr. Louis Cokcin, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 26, 1939, United Electrical, Radio & Machine Workers of America, Local No. 410, herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of employees at the Bloomfield, New Jersey, plant of Westinghouse Electric & Manufacturing Company, 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 January 6, 1940, the Union filed an amended petition with the Regional Director. On March 4, 1940, 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 Regula tions-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 March 12, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on March 21, 1940, at New York City, before Joseph L. Maguire, the Trial Examiner duly designated by the Board. At the commencement of the hearing the Employees' Independent Union of the Westinghouse Electric & Manufacturing Company, Lamp Division, Bloomfield, New Jersey, filed a motion to intervene in the proceedings. The motion was denied on the ground that the Board had held the Independent to be dominated by the Company.' At the same time the Company filed a motion to adjourn the hearing in these proceedings until a later date. The motion was denied. The Board, the Company, and the Union, were represented by counsel, and 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 Company filed requests for certain subpenas duces tecum. The requests were denied. During the course of the hearing the Union filed a motion to amend its amended petition. The motion was granted. During the course of the hearing the Trial Examiner made several rulings on other motions and on objections to the admission of evidence.

The Board has reviewed all the rulings of the Trial Examiner and finds that no prejudicial errors were...