Eastern Gas and Fuel Associates

National Labor Relations Board - Board Decisions

Nov 27, 1945

64 N.L.R.B. 983 (N.L.R.B. 1945)

In the Matter of EASTERN GAS AND FUEL ASSOCIATES (EvERErr WORKS)
and UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA, CIO
Case No. 1-R-0668.-Decided November V , 1945
Mr. C. R. Walton, of Boston, Mass., for the Company.
Air. _Abraham Levin, of New York City, for the CIO.
dfr. Samuel If. Angoff, of Boston, Mass., for District 50.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke & Chemical Workers
of America , CIO, herein called the CIO, alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of Eastern Gas and Fuel Associates ( Everett Works ), Everett,
Massachusetts , herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Robert E. Greene, Trial Examiner . The hearing was held at
Boston, Massachusetts , on October 2, 1945. At the commencement of
the hearing, the Trial Examiner granted a motion of The Gas and
By-Product Coke Workers Union, Local 12001 , District 50, United
Mine Workers of America , herein called District 50, to intervene.
The Company, the CIO and District 50 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 . All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Eastern Gas and Fuel Associates is a Massachusetts voluntary as-
sociation with divisions and subdivisions located throughout the
64 N. L. R. B., No. 165. 983
984 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United States . It is engaged in producing coal, transporting coal
products , and selling coke and pig iron. The Company operates at
Everett, Massachusetts , a by-product coke plant , solely involved here-
in, where it is engaged primarily in the production of merchant coke
and gas. During the calendar year 1944, the Company consumed at
its Everett plant approximately 1,600,000 tons of bituminous coal,
valued in excess of $9,000,000 , all of which was produced outside the
Commonwealth of Massachusetts . During the same period the Com-
pany shipped products manufactured at its Everett plant, valued in
excess of $1,000,000, to points outside the Commonwealth of Massa-
chusetts . For the major portion of the year, the Everett plant sup-
plies gas to the City of Boston and several surrounding towns and
cities.
The Company concedes , and we find , that it is engaged in commerce
within the meaning of the National Labor Relations Act.
11. THE ORGANIZATION 1NVOLVEI)
United Gas, Coke & Chemical Workers of America is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
The Gas and By-Product Coke Workers Union, Local 12001, Dis-
trict 50, United Mine Workers of America, is a hlbor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESE NTATION
On or about August 30, 1945, the CIO requested the Company to
bargain with it as the representative of the Company's employees. On
or about September 10, 1945, the Company replied that it was required
by law to bargain with District 50 unless otherwise advised by the
National Labor Relations Board.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found 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.
1 The Field Examiner reported that the CIO had submitted 244 authorization car ds, of
which 1 was dated February 1945, 193 were dated between June and September 1945, and
50 were undated. Of the 244 cards submitted, 90 were spot-checked against the Company's
pay roll of September 10, 1945 , and all 90 bore names which were found on this pay roll
The pay roll contained the names of 690 persons in the appropriate unit . District 50 did
not present any evidence of its membership, but relied solely on its union-shop contract
with the Company , which expired October 1 , 1945 , as evidence of its interest.
District 50 contends that "a spot -check" of 90 cards where 200 alleged authorization
cards were submitted , is insufficient to determine whether or not a hearing and an election
should be held," and asserts generally that the CIO ' s showing is inadequate . We find no
merit in District 50's contention.
EASTERN GAS AND FUEL ASSOCIATES ( EVERETT WORKS) 985
IV. THE APPROPRIATE UNIT
We find, substantially in accordance with the stipulation of the
parties, that all employees of the Company employed at its Everett,
Massachusetts , plant, excluding technical employees , confidential
clerical employees, 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 within
the meaning of Section 9 (b) of the Act.
V. TILE DETERMINATION OF REPI;ESENTATI ES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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 p,irt of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Eastern Gas and
Fuel Associates (Everett Works), Everett, Massachusetts, an election
by secret ballot shall be conducted as early as possible, but not later
than sixty (60) days from the date of this Direction, under the direc-
tion 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 em-
ployces who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves 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 United Gas, Coke & Chemical Workers of America,
CIO, or by The Gas and By-Product Coke Workers Union, Local
J2001, District 50, United Mine Workers of America, for the purposes
of collective bargaining , or by neither.