59 N.L.R.B. 517 (N.L.R.B. 1944)

Boston Edison Co.

National Labor Relations Board - Board DecisionsNov 25, 1944

59 N.L.R.B. 517 (N.L.R.B. 1944)

In the Matter of BOSTON EDISON COMPANY and UTILITY WORKERS OR- GANIZING COMMITTEE, LOCAL 224, C. I. O. Case No. 1-R-2071.-Decided November 25, 1944 Messrs. Frederick M. Ives and William R. Cook, of Boston, Mass., for the Company. Mr. Oliver J. Harper, of New York City, Mr. Victor P. Tunberg, of Somerville, Mass., and Mr. Harry Larson, of Holbrook, Mass., for the Committee. Messrs. Richard C. Evarts, Robert H. Cook, Frederick Howe, and Alvin Norcross, of Boston, Mass., for the Brotherhood. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Utility Workers Organizing Committee, Local 224, C. 1. 0., herein called the Committee, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Boston Edison Company, Boston, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert E. Greene, Trial Examiner. Said hearing was held at Boston, Massachusetts, on Oc- tober 23, 24, and 25, 1944. At the commencement of the hearing, the Trial Examiner granted,a motion of United Brotherhood of Edison Workers, herein called the Brotherhood, to intervene. The Company, the Committee, and the Brotherhood appeared at and participated in the hearing.' All parties 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 hear- ing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. I International Brotherhood of Electrical Workers, A. F. of L., appeared at the hearing but stated that it had no interest in the instant proceeding nor did it move to intervene. 59 N. L. R. B., No. 100. 517 518 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Boston Edison Company is a Massachusetts corporation with its principal office at Boston, Massachusetts. The Company is engaged in the production, sale-, and distribution of electricity and steam in the city of Boston, Massachusetts, and in 39 surrounding communities. The Company purchases about 866,000 tons of coal annually, all of which is shipped to it from points outside the Commonwealth of Massa- chusetts. During the same period, the Company sells about 1,597,- 586,000 kilowatt-hours of electricity and 1,395,867,000 pounds of steam, all of which is sold within the Commonwealth of Massachusetts. The Company sells electric energy to New York Central & Hudson River Railroad, New York, New Haven, & Hartford Railroad, Boston & Albany Railroad, Boston and Maine Railroad, New England Tele- phone and Telegraph Company, The Western Union Telegraph Com- pany, and 5 radio stations. In addition, the Company sells electric energy to many large industrial concerns. We find that the Company is engaged in commerce within ' the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Utility Workers Organizing Committee, Local 224, is a labor organi- zation affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. United Brotherhood of Edison Workers is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Committee as the exclusive collective -bargaining representative of certain of its employees until such time as the Committee is certified by the Board. . The Company and the Brotherhood are presently operating under an exclusive bargaining contract covering the employees involved herein. Said contract provides that it may be terminated by either 'party thereto on 15 days' notice. Inasmuch as the contract is termi- nable by either party thereto, as set forth above, we find that it does not constitute a bar to a determination of representatives at this time. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Committee represents a sub- BOSTON EDISON COMPANY 519 stantial number of employees in the unit hereinafter found to be appropriate.' , , We find that a question affecting commerce has arisen concerning the representation of employees of the Company , within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Committee urges that all production and maintenance em- ployees of the Company, including employees listed in Appendix A, outside adjusters, production engineers Grades 1 through 7, boiler room engineers Grade 1, investigators in distribution division, con- struction inspectors Grades 1, 2, 3, and 5, report dispatchers, utiliza- tion layout men, stock expediters, analysts, auxiliary heating plant engineers, material inspectors Grade 1, 2, and 3, linemen, and garage men, but excluding watch engineers, assistant watch engineers, boiler room engineers Grade 2, system dispatchers Grades 1 and 2, con- struction inspectors Grade 4, metermen Grades 4 and 5, distribution dispatchers Grade 3, line team foremen, nurses, the photographer, employees listed in Appendix B, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining. The only controversy with respect to the unit concerns assistant watch engineers, boiler room engineers Grade 2, system dispatchers Grades 1 and 2, construction inspectors Grade 4, meter- men Grades 4 and 5, distribution dispatchers Grade 3, line team fore- men, and foremen Grades 1, 2, and 3. The Committee and the Com- pany would exclude all such employees from the unit while the Brotherhood would include them. The unit requested by the Committee is the same as that found by the Board to be appropriate in an earlier case involving the Company.,, Each of the disputed categories of employees was, discussed in that decision and the employees in each category were excluded from the unit by the Board on the ground that they were supervisory employees. The present record indicates that there have been no changes in the work or responsibilities of the employees involved. No reason appears for departing from our former decision. Thus, we find that assistant watch engineers, boiler room engineers Grade 2, system dispatchers Grades 1 and 2, construction inspectors Grade 4, metermen Grades 4 ' The Field Examiner reported that the Committee presented 519 authorization cards. There are approximately 1,302 employees in the appropriate unit The Brotherhood did not present any evidence of representation but relies upon its contract as evidence of its interest in the instant proceeding. 3 51 N. L. It. B. 118. 520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and 5, distribution dispatchers Grade 3, line team foremen , and fore- men Grades 1, 2, and 3,.should be excluded from the unit. We find that all production and maintenance employees of the Com- pany, including employees listed in Appendix A, outside adjusters, production engineers Grades 1 through 7, boiler room engineers Grade 1, investigators in distribution division, construction inspectors Grades 1, 2, 3, and 5, report dispatchers, utilization layout men, stock expedi- ters, analysts , auxiliary heating plant engineers , material inspectors Grades 1, 2, and 3, linemen and garage men, but excluding watch engineers , assistant watch engineers , boiler room engineers Grade 2, system dispatchers Grades 1 and 2, construction inspectors Grade 4, metermen Grades 4 and 5, distribution dispatchers Grade 3, line team foremen, nurses, the photographer, employees listed in Appendix B, and all supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it-is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Boston Edison Company, Boston, Massachusetts , an election by secret ballot shall be conducted as early as possible , but not later than thirty ( 30) days from the date of this Direction, under the direction and supervision of the Regional Director for the First Region, acting in this matter as agent for, the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction , including employees who did not work during said pay-roll period because they were ill or on vacation or BOSTON EDISON COMPANY 521 temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding, any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by Utility Workers Organizing Committee, Local 224, C. I. O:, or by United Brotherhood of Edison Workers, for the purposes of collective bargaining, or by neither. APPENDIX A Appliance Repairmen Auxiliary Heating-Plant Firemen Auxiliary Tender Batteryman, Grades 1, 2, 3, 4, and 5 Cable and Conduit Man, Grades 1, 2, 3, 4, and 5 Calibrhters, Grades 1 and 2 Chauffeur, Grades 1 and 2 Coal Plantman Distribution Dispatcher, Grade 2 Elevator Operator Elevator Starter Fireman Garage Tester Garage Propertyman Groundman, Grades 1, 2, and 3 Inspector-Pole line and .Man- hole, Grades 1, 2, and 3 Installer, Grades 1, 2, 3, and 4 Junctionboxman Lampmen, Grades 2, 3, 4, and 5 Maintenance Helper, Grades 1 and 2 Maintenanceman, Grades 1, 2, 3, 4, and 5 Meterman, Grades 1, 2, and 3, Operator, Grades 1, 2, 3, 4, 5, and 6 Service Dispatcher Serviceman, Grades 1, 2, and 3 Splicer, Grades 1, 2, and 3 Station Cleaner Steam Meterman, Grades 1, 2, 3, 4, and 5 Steam Serviceman, Grades 1 and 2 Testmen, Grades 2 and 3 Troubleman Truckinan, Grades 1, 2, and 3 Truckman's Helper Turbine Tender Underground Helper, Grades 1, 2, and 3 Utilityman, Grades 1, 2, and 3 Watchman Water Tender Window Washer Automobile Repairman, Grades 2, 314, and 5 Car Dispatchers, Grades 1 and 2 Painters, Grades 1 and 2 Stockmen, Grades 1, 2, 3, 4, and 5 APPENDIX B Executives , superintendents , heads of sections , heads and assistant heads of divisions : Secretary Executive Assistant Store Managers Property Guard Students Foreman, Grade 3, to wit, W. F. District Manager Page 522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 'Supervisor, to wit the following : E. R. Frye, Grade 3 E. L. McNair, Grade 4 G. E. Taylor, Grade 4 F. H. Paige, Grade 2 ' J. R. D'Entremont, Grade 5 R. A. Powers, Grade 4 H. W. Hemenway, Grade 3 , J. A. Spencer, Grade 3 T. P. Monahan, Grade 3 B. E. Vaughn, Grade 2 W. H. Meade, Jr., Grade 3 E. F. Lord, Grade 3 M. McNamara, Grade 3 L. W. Stuart, Grade 2 L. A. Thorn W. L. Logan, Grade 2 R. W. Berkeley, Grade 5 A. R. Mills, Grade 3 W. E. Carley, Grade 2 , J. W. Bradford, Grade 3 E. Eldridge, Grade 2 F. Purchase, Jr., Grade 4 C. A. Hutt, Grade 2 R. H. Copeland, Grade 4 L. F. Brown, Grade 3 W. P. Meagher, Grade 3 F. C. Danolds, Grade 4 L. J. Morse, Grade 5 P. T. Flynn, Grade 2 A. L. Dutton, Grade 2 R. E. Monroe, Grade 2 F. W. Mareman and E. E. Walker supervise the work of 25 to 30 meter testers. C. H. Am4mdsen, O. S. Griffen are in charge of electric meter re- pairers. L. S. Kelley-in charge of crews engaged in the repair of direct current distribution. K. D. Godfrey, S. T. Koss,'A. T. Hanson-are supervisors, Grade 4. C. O. Wilson is a supervisor, Grade 2, in charge of storerooms. A. I. Nixon, M. Ward, F. Trachtenberg, C. I. Lovewell, E. F. Con- cree, J. W. Kulda, A. Sullivan, C. L. O'Keefe, are supervisors with 18 to 23 employees under each. L. B. Howarth, is a supervisor, Grade 2, in charge of mainte- nancemen. Hanks is a foreman, Grade 3.