Brockton Gas Light Co.

National Labor Relations Board - Board Decisions

Mar 7, 1943

48 N.L.R.B. 255 (N.L.R.B. 1943)

In the Matter of BROCKTON GAS LIGHT COMPANY and BROCKTON GAS
EMPLOYEES LOCAL UNION UTILITY WORKERS ORGANIZING COMMITTEE,
C. I. 'O.
Case No. R-4964.-Decided March, 7, 19.43
Jurisdiction : gas, and byproducts manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord union recognition ; contract with rival union, the definite term.
of which expired land was now terminable upon forty-five days' notice, no,
bar ; election necessary.
Unit Appropriate for Collective Bargaining : all shop, distribution, garage, and
production plant employees with specified inclusions and exclusions ; meter
readers, bill collectors, and confidential employees excluded over union's
objection.
Johnson; ,Clapp,, Ives. &, Knight, by 'Mr. Henry F. Knight, of
Boston, Mass.,, for the, Company.
Mr., John Collins, of Boston ,'Mass.,, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition 'and amended petition duly filed by Brockton Gas
Employees Local Union, Utility Workers Organizing Committee,
C. I. 0., herein called' the, Union, alleging that a question affecting
commerce had arisen concerning the .representation of employees of
Brockton Gas' Light Company, Brockton, Massachusetts, herein' called
the Company, the National' L• abor• ReFations Board provided for an
appropriate hearing upon due notice before' Thomas H. Ramsey,
Trial Examiner. Said hearing was, held at Brockton, Massachu-
setts, on, March 2, 1943. The Company and the Union appeared
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
I Although District 50, United Mine Workers of America , herein called the I: M-. W. A.;
was served, with , notice of,heasing, It did not.appear.
48'N, L: R:.B., No. 32:
255 •.
256' DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
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 -
1. THE BUSINESS OF THE COMPANY
Brockton Gas Light Company is a Massachusetts corporation with
its principal place of business at Brockton, Massachusetts, where it is
engaged' in the manufacture and sale of illuminating gas and' by-
products thereof. During 1942 the Company purchased raw materials
valued at about $127,000, all of which originated at points outside
the State -of.Massachusetts-. During. the same period the Company
sold products valued at about $1,000,000, all of which was sold within
the State of Massachusetts.
II. THE ORGANIZATION INVOLVED
'Brockton Gas Employees-Local Union, Utility Workers Organizing
Committee, is a labor organization affiliated ` with - the Congress of
Industrial Organizations, admitting to membership employees' of the
Company. •
III. THE QUESTION CONCERNING REPRESENTATION
During the latter part of January, or, the -first part of February
1943, the Union, claiming to represent a, majority of the Company's
employees, requested the, Company to recognize it as the exclusive
representative of such employees. The Company refused, this request.
On.March-1,1942, the Company and the U. M. W. A. entered into an
exclusive contract. The contract provides that it shall continue in
effect until March 1, 1943, and thereafter until 45 days' notice to
terminate is given by either party thereto. Inasmuch as the contract
is terminable upon 45 days' notice, we find that it does not constitute
a bar to a determination of representatives at this time. • -
A statement of the Regional' Director, introduced into'evidence,dur-
ing, the hearing, indicates that the Union - represents a substantial,
number of employees in the unit hereinafter found to be.appropriate.2
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 National Labor
Relations Act.
The Regional Director reported than th8l'Uhiod' -prP,sehted, 53 miembeiship-applichtlon
cards bearing apparently genuine ' signatures of persons whose names Apvear °on tlre;Com-
pany's pay roll of January 23 , 1943. There are approximately 86 employees in the appro-
priate unit.
° BROCgTON=-GAS LIGHT' COkPANY• "- 257°
IV. THE APPROPRIATE UNIT
The Union, urges that all shop, distribution, garage, and -production
plant employees of the Company, • including distribution • and produc-
tion -plant clerks, meter readers, and bill collectors,t but excluding
executives, office employees,- supervisory employees, non=working fore-
men, plant guards, and employees covered by a contract between the
Company and the American Federation of Labor affiliate constitute
an' appropriate unit. The-only controversy with respect to the unit
concerns two alleged, confidential clerks, meter, readers, and bill col--
lectors. The Union would include all such employees in the unit and.
the Company,would exclude them.
' 'The meter readers and bill collectors work out of the Company's
main • office while all other employees involved herein work at, the
Company's plant. Meter readers and bill collectors are paid on a
salary basis in contrast to the other, employees who are paid on an'
hourly rate. 'In the summer of 1942 the Regional Director certified
the U. M. W. A. as the exclusive representative of the meter readers
and bill collectors in two separate bargaining units. Bill collectors
and meter readers are not covered by the contract alluded to above.
Under the circumstances, we shall exclude meter readers and bill-
collectors from-the unit. I
The Company employs two persons classified by it as secretary to the
superintendent in the production department and secretary to the
superintendent in the distribution department,, respectively. The'rec
ord indicates that these persons take dictation from the superintend-_
ents and handle confidential matters. Under the circumstances, we
shall exclude them from the unit.
We find that all shop, distribution, garage, and production plant
employees of the Company, including distribution and production
plant clerks, but excluding executives, office employees, supervisory
employees, non-working foremen, plant guards, meter readers, bill
collectors, and secretaries to the superintendents, constitute a unit
appropriate 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.
255 DECISIONS, OF NATIONAL -LABOR RELATIONS BOARD
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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with' Brockton Gas
Light Company, Brockton, 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 super-
vision 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, Section 10, 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
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,
to determine whether or not they desire to be represented by Brockton
'Gas Employees Local. Union, Utility Workers Organizing Commit-
tee, affiliated with the Congress of Industrial Organizations, for the
purposes of collective bargaining. '