New York Power and Light Corp.

National Labor Relations Board - Board Decisions

Jun 22, 1942

41 N.L.R.B. 1184 (N.L.R.B. 1942)

In the Matter of NEW YORK POWER AND LIGHT CORPORATION and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
B-137
Case No. C-0207.-Decided June 4 1942
Jurisdiction : electricity and gas manufacturing and distributing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. James C. Paradise, for the Board.
Mr. Albert J. Danaher, for the respondent.
Mr. F. Naughton, of New York City, for the Union.
O'Connell d Aronowitz, of Albany, N. Y., for the Association.
Mr. Fred A. Dewey, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a charge filed by the International Brotherhood of Electrical
Workers, Local B-137, herein called the Union, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Second Region (New York City), issued its complaint dated
May 7, 1942, against New York Power and Light Corporation,
Albany, New York, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce within the meaning of Section 8 (1) and (2)
and Section 2 (6) and (7) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. Copies of the. complaint were
duly served upon the Union, the respondent, and upon Employees
Representative Association of New York Power & Light Corporation,
herein called the Association.
Concerning the unfair labor practices, the complaint alleged in sub-
stance that the respondent: (1) on or about January 1934 initiated
and sponsored and 'thereafter dominated and contributed to the'
support of a labor organization known as The New York Power
and Light Corporation Employees' Representation Plan, herein called
the Plan; (2) in April 1937, initiated and sponsored and thereafter
dominated and contributed to the support of the Association, the
successor to or the same organization as the Plan; (3) granted wage
41 N. L. R. B., No 214.
1184
NEW YORK POWER AND LIGHT CORPORATION 1185
increases to its employees for the purpose of discouraging its em-
ployees from joining or assisting the Union; (4) disparaged the
Union and interrogated its employees concerning their union affilia-
tions and warned them against membership in the Union; (5) entered
into illegal collective bargaining agreements with the Association ;
and (6) by the foregoing acts interfered with, restrained, and coerced
its employees in the exercise of the rights guaranteed in Section 7
of the Act.
On May 23, 1942, prior to the date of the scheduled hearing in
the case, the respondent, the Union, the Association, and counsel
for the Board entered into a stipulation in settlement of the case.
The stipulation provides as follows:
WHEREAS, upon a charge duly filed on November 28, 1941 by
the International Brotherhood of Electrical Workers, Local
B-137, hereinafter called the "Union", the National Labor Rela-
tions Board, hereinafter called the "Board", by the Regional
Director for the Second Region, issued its complaint on May 7,
1942, against New York Power and' Light Corporation, herein-
after called the "Respondent", alleging violation by the Respond-
ent of Sections 8 (1) and (2) of the National Labor Relations
Act (49 stat. 449) hereinafter called the "Act", and
WHEREAS, a' copy of said complaint and notice of hearing
thereon were duly served upon the Respondent, the Union, and
Employees Representative Association of New York Power &
Light Corporation, hereinafter called the "Association", and
WHEREAS, the Respondent and the Association have duly'filed
their respective answers to said complaint, and
WHEREAS, it is the intention of the Association, to dissolve,
and it is the desire of the parties to dispose of this proceeding
without formal hearing, the taking of testimony and the making
of findings and conclusions by the Board,
THEREFORE, IT IS STIPULATED AND AGREED as follows :
1. Respondent is a corporation organized and existing under
the laws of the State of New York, having its principal office in
the City and County of Albany, State of New York. It is en-
gaged in the manufacture, sale and distribution of gas and
electric energy in the cities of Albany, Schenectady, and Troy,
and over 200 other communities in the counties of Albany, Co-
lumbia, Cortland, Dutchess, Essex, Fulton, Greene, Hamilton,
Herkimer, Madison, Montgomery, Oneida, Otsego, Oswego, Put-
nam, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, and
Washington, all in the State of New York. It operates and
maintains electricity generating plants and' gas manufacturing
463892-42--vo1.41-75
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plants, over 1500 miles of transmission lines, and approximately
18,000 miles of distribution lines for the transmission and distri-
bution of electricity, and over 1000 miles of distribution mains
for the distribution of gas.
In the course and conduct of its business operations, Respond-
ent purchases a substantial amount of coal, oil, copper and other
materials which originate in states outside of the State of New
York and are transported from such other states in interstate
commerce to its various operations in the State of New York.
Respondent sells and delivers a substantial amount of electrical
energy to New England Power Company at the boundary line be-
tween the State of New York and the State of Massachusetts
which electrical energy is transmitted, by said New England
Power Company to consumers in states other than the State of
New York.
Respondent sells and delivers electrical energy to consumers
in the State of New York who are directly or indirectly engaged
in interstate commerce and who are dependent upon Respondent
for a continuous supply of electricity for the conduct of their
business. Among such. consumers are large industrial estab-
lishments, interstate railroad carriers, airplane fields, broadcast-
ing companies, telephone and telegraph companies, the New
York State Barge Canal, and numerous municipalities and
public utilities.
The business operations of the Respondent are subject to the
jurisdiction of the National Labor Relations Board.
2. The Union and the Association are labor organizations
within the meaning of Section 2 (5) of the Act.
2a. This stipulation, together with the pleadings, notice of
hearing, and notices of postponement of hearing, shall be filed
with the Chief Trial Examiner of the,Board, and when so filed
shall constitute the entire record in the above-entitled matter,
aurther proceedings before a Trial Examiner of the Board in-
eluding the taking of testimony, the making of findings of fact,
and conclusions of law, being expressly waived.
3. Upon this stipulation and upon the record herein an order
may be entered forthwith by the Board providing substantially
as follows :
Respondent, New York Power and Light Corporation, Albany,
New York, its officers, agents, successors and assigns, shall:
(1) Cease and desist from :
(a) In any manner interfering with, restraining or coercing
its employees in the exercise of the right to self -organization, to
form, join,.or assist labor organizations, to bargain collectively
NEW YORK POWER AND LIGHT CORPORATION 1187
through representatives of their own choosing , and to engage
in concerted activities for the purposes of collective bargaining
or other mutual aid or protection as guaranteed in Section 7 of
the National Labor Relations Act;
(b) Dominating or interfering with the administration of
Employees Representative Association of New York Power &
Light Corporation or the formation or administration of any
other labor organization of its employees , and contributing sup-
port • to_any-.sucb labor organization of its employees.
(c) Recognizing Employees Representative Association of New
York Power & Light Corporation as the representative of any
of its employees for the purpose of dealing with the Respondent
concerning grievances , labor disputes , wages, rates of pay, hour,
of employment , or other conditions of employment.
(d) Giving effect to its agreement dated April 10, 1942 with
Employees Representative Association of New York Power &
Light Corporation , or to any extension , renewal , modification or
supplement thereof, and any superseding contract which may
now be in force.
(2) Take the following affirmative action which the Board
finds will effectuate the policies of the Act :
(a) Withdraw all recognition from Employees Representative
Association of New York Power & Light Corporation as the
representative of any of its employees concerning grievances,
wages, rates of pay, hours of employment or other conditions of
employment, and completely disestablish Employees Represent-
ative Association of New York Power & Light Corporation as
such representative.
(b) Post immediately in conspicuous places in each of the
buildings used by the Respondent throughout its system, and
maintain for a period of at least sixty days from the date of
posting, notices to its employees in the form set forth in Exhibit
A, annexed hereto and made part hereof.,
(c) Notify the Regional Director for the Second Region, in
writing, within a period of ten days from the date of this order,
what steps the Respondent has taken to comply herewith.
4. It is further stipulated and agreed that upon application
of the Board the proper Circuit Court of Appeals of the United
'States may enter a decree in proper form embodying substan-
tially the terms of the Board's order above set forth, and en-
forcing the said order of the Board. All parties hereto waive
their right to contest the entry of any such decree and waive
notice of the filing of an application for the entry of such decree.
1 This notice is set forth as Appendix "A" to this Decision and Order
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
5. This entire stipulation is subject to the approval of the
National Labor Relations Board.
6. This stipulation contains the entire agreement of the parties
and there is no verbal agreement or understanding of any kind
which varies, alters or adds to this stipulation.
On June 15, 1942, the Board issued an order approving the above
stipulation, making it a part of the record, and, pursuant to Article
II, Section 36, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, transferring the proceedings to the
Board for the purpose of entering a Decision and Order pursuant to
the provisions of the stipulation.
On the basis of the above stipulation and upon the entire record
in the case, the Board makes the following:-
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
. New York Power and Light Corporation is a New York corpora-
tion with its principal office in Albany, New York.- It is engaged
in the manufacture, sale, and distribution of gas and electrical energy
in numerous cities and counties throughout the State of New York.
It operates and maintains generating plants, gas -manufacturing
plants, approximately 1,500 miles of transmission, lines and approxi-
mately 18,000 miles of distribution lines for the distribution of
electricity, and over 1,000 miles of distribution mains for the distri-
bution of gas. In the course and conduct of its business operations
the respondent purchases substantial amounts of coal, oil, copper,
and other materials at points outside the State of New York which
are transported in interstate commerce to points within the State of
New York. The respondent sells and delivers, a substantial amount
of electrical energy to New England Power Company, located at the
boundary line between the State of New York and - the - State of
Massachusetts, which electrical energy is transmitted by New Eng-
land Power Company to consumers in States other than the State of
New, York. The respondent also sells and delivers electrical energy
to consumers in the State of New York who are directly or indi-
rectly engaged in interstate commerce and who are dependent upon
the respondent for a continuous supply of electricity for the conduct
of their business . Among such consumers are large industrial estab-
lishments , interstate railroad carriers , airplane fields , broadcasting
companies, telephone and telegraph companies, the New York State
Barge Canal, and numerous municipalities and public utilities. The
respondent admits that its operations are subject to the jurisdiction
of the Board.
NEW ' YORK POWER AND LIGHT CORPORATION 1189
We -find- that the above-described operations of the respondent
constitute a continuous flow of trade, traffic, and commerce among
the several States.
ORDER
Upon the basis of the above findings of fact, the stipulation, and
the entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, New York Power and Light Cor-
poration, Albany, New York, its officers, agents, successors, and
assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of the right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for the purposes of collective bargaining or other mutual
aid or protection as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Dominating or interfering with the administration of Em-
ployees Representative Association of New York Power & Light
Corporation or the formation or administration of any other labor
organization of its employees, and contributing support to any such
labor organization of its employees.
(c) Recognizing Employees Representative Association of New
York Power a Light Corporation as the representative of any
of its employees for the purpose of dealing with the Respondent
concerning grievances, labor disputes, wages, rates of pay, hours of
employment or other conditions of employment.
(d) Giving effect to its agreement dated April 10, 1942 with
Employees Representative Association of New York Power & Light
Corporation, or to any extension, renewal, modification or supplement
thereof, and any superseding contract which may now be in force.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act':
(a) Withdraw all recognition from Employees Representative As-
sociation of New York Power & Light Corporation as the repre-
sentative of any of its employees concerning grievances, wages, rates
of pay, hours of employment or other conditions of employment, and
completely disestablish Employees Representative Association of
New York Power & Light Corporation as such representative.
(b) Post immediately in conspicuous places in each of the build-
ings used by the Respondent throughout its system, and maintain
1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for a period of at least sixty days from the date of posting, notices
to its employees in the form set forth in Appendix A.
(c) Notify the Regional Director for the Second Region, in writ-
ing, within a period of ten days from the date of this order, what
steps the Respondent has taken to comply herewith.
APPENDIX A
TO THE EMPLOYEES OF NEW YORK POWER AND LIGHT- CORPORATION
You are hereby notified, pursuant to an order of the National
Labor Relations Board, that : %
(1) New York Power and Light Corporation will not in any
manner interfere with, restrain or coerce its employees in the exercise
of the right to self-organization, to form, join or assist labor organi-
zations, to bargain collectively through representatives of their own
choosing, and to engage in concerted activities for the purposes of
collective bargaining or other mutual aid or protection, as guaranteed
in Section 7 of the National Labor Relations Act.
(2) New York Power and Light Corporation will not in any- man-
ner dominate or interfere with the administration of' Employees
Representative Association of New York Power & Light Corporation,
or with the formation or administration of any other labor organiza-
tion of its employees, and will not contribute support to any such
organization.
(3) New York Power and Light Corporation hereby- withdraws
recognition from, and it will not recognize Employees Representative
Association of New York Power & Light Corporation as a repre-
sentative of any of its employees for the purpose of dealing with- the
corporation concerning grievances, labor disputes, rates of pay, hours
of employment, or any other conditions- of' employment, and Em-
ployees Representative Association of New- York Power & Light
Corporation is completely disestablished as such representative.
('4) New York Power and Light Corporation will not give further
effect to its contract of April 10, 1942, with Employees Representa-
tive Association of New York Power & Light Corporation, or to any
modification, extension or renewal of said contract.
(5) The foregoing is not intended to vary any- prevailing- rates, of
pay, hours of employment or working conditions.
Dated : May, 1942.
NEW YORK POWER AND LIGHT CORPORATION,
---,By:
P9.esid'ent.
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