Westinghouse Electric & Manufacturing Co., Meter Division And United Electrical, Radio & Machine Workers Of America, Local 426, Affiliated With The Congress Of Industrial Organizations, 51 (1942)

In the Matter of WESTINGHOUSE ELECTRIC & MANUFACTURING Co.,

METER DIVISION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 426, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-4129.--Decided October 23, 194 Jurisdiction: instrument and meter manufacturing industry.

Investigation and Certification of Representatives: existence of question: parties stipulated that Company refused to accord petitioner recognition until certified by the Board; election necessary.

Unit Appropriate for Collective Bargaining: guards at one of Company's plants excluding the captain and two sergeants of the guard.

Mr. C. A. Reinwald, of New York City, and Mr. T. Turner, of Newark, N. J., for the Company.

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

Mr. Louis A. Pontello, Jr., of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio and Machine Workers of America, Local 426, affiliated with the Congress of Industrial Organizations, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Westinghouse Electric & Manufacturing Co., Meter Division, Newark, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Cyril W. O'Gorman, Trial Examiner. Said hearing was held at Newark, New Jersey, on August 5, 1942. The Company and the Union appeared, participated, and were afforded full opportunity 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.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Westinghouse Electric & Manufacturing Co., a Pennsylvania corporation, is engaged in the manufacture, sale, and distribution of instruments, relays and meters, at its Newark Works Meter Division plant, Newark, New Jersey, which is the only plant involved in this proceeding. The principal raw materials used by the Company include brass, copper, glass, steel, bakelite, and miscellaneous metals.

During the first 6 months of 1942, the total volume of raw materials purchased by the Company for use in its Newark plant exceeded $100,000, approximately 90 percent of which was purchased outside the State of New Jersey. During the same period the Company manufactured and sold finished products valued at more than $100,000, of which more than 95 percent was sold and shipped to points outside of the State of New Jersey.

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