Public Service Electric and Gas Co.

National Labor Relations Board - Board Decisions

Dec 13, 1944

59 N.L.R.B. 932 (N.L.R.B. 1944)

In the Matter of PUBLIC SERVICE ELECTRIC AND GAS COMPANY and
PASSAIC DIVISION GAS DISTRIBUTION INDEPENDENT ASSOCIATION
In--the-Matter of PuBLIO SERVICE ELECTRIC AND GAS COMPANY and
LOCAL 274, UNITED ASSOCIATION OF JOURNEYMEN PLUMBERS &
STEAMFITTERS OF UNITED STATES AND CANADA, A. F. OF L.
Cases Nos. 2-R-4221 and 2-R-4372, respectively .Decided December
13, 1944
Mr. Joseph V. Suter, of Newark, N. J., for the Company.
Mr. Jacob Friedland, of Jersey City, N. J., for the A. F. of L.
J. F. X. Landrigan, by Mr. Dominick Mercatelli, of Bayonne, N. J.,
for the Independent.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by Local 274, United Association
of Journeymen Plumbers & Steamfitters of United States and Canada,
A. F. of L., herein called the A. F. of L., and Passaic Division Gas
Distribution Independent Association, herein called the Independent,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Public Service Electric and Gas Com-
pany, Newark, New Jersey, herein called the Company, the National
Labor Relations Board consolidated the cases and provided for an
appropriate hearing upon due notice before James C. Paradise, Trial
Examiner: Said hearing was held at Newark, New Jersey, on No-
vember 27, 1944. The Company, the A. F. of L., and the Independent
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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.
59 N L R . B, No. 179.
932
PUBLIC SERVICE ELECTRIC AND GAS COMPANY 933
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Public Service Electric and Gas Company is a New Jersey corpora-
tion ,with,its principal place of-business at Newark, New Jersey. The
Company is engaged in the generation, transmission, sale, and distri-
bution of gas and electricity. The Company carries on its operations
without competition from any other utility in an area approximately
100 miles long north and south and 15-20 miles wide east to west.
The Company operates 5 power plants, a 1,600-mile transmission sys-
tem, 11 switching stations, several local distribution divisions, and
several gas manufacturing plants and gas distribution divisions. Dur-
ing the 12-month period ending July 31, 1944, the Company pur-
chased supplies, oil, and coal valued in excess of $8,000,000, approxi-
mately 90 percent of which was shipped to it from points outside the
State of New Jersey. During the.same period, the Company deliv-
ered approximately 200,000,000 kilowatt hours of electrical energy to
other utility companies in adjoining States and received from them
over 120,000,000 kilowatt hours of electrical energy. During this same
period, the Company's total operating revenues exceeded $100,000,000.
The Company furnishes electricity to interstate railroads, Western
Union Telegraph Company, New Jersey Bell Telephone Company,
radio stations, and numerous manufacturers whose products move in
interstate commerce. We are here concerned with the Company's
Passaic. Division Gas Department.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
.Local-274, United Association of Journeymen Plumbers & Steam-
fitters of United States and Canada, is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
Passaic Division Gas Distribution Independent Association is an un-
affiliated labor organization, admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the A. F. of L. or the Independent
as the exclusive collective bargaining representative of certain of its
employees until such time as one or the other is certified by the Board.
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the A. F. of L. and the Independent
each represents a substantial number of employees in the unit here-
inafter found to be appropriate.'
. We find that a question affecting commerce has arisen concerning
the representation of the Company, within the meaning of Section 9
(c) and Section 2 (6) and (7) of the Act.
Iv. THE APPROPRIATE UNIT
The parties agree that all gas distribution employees in the Passaic
Division Gas Department of the Company, excluding supervisors,
constitute an appropriate bargaining unit. The only controversy with
respect to the unit concerns working foremen and clerks. The
A. F. of L. would exclude such employees from the unit, while the
Company and the Independent would include them.
The Company employs main foremen, street foremen, service fore-
men, and shop foremen, all of whom are commonly designated as work-
ing foremen. These persons have charge of gangs ranging from 4 to
15 men. They perform manual work and have no authority to recom-
mend the hire, discharge, or discipline of any of the employees in the
gangs, nor do they have any control over the composition of their
gangs.' The working foremen are presently included in bargaining
units covering other divisions of the Company. Under all the circum-
stances, we shall include the main foremen, street foremen, service
foremen, and shop foremen in the unit.
The Company employs 8 or 9 clerks who perform the work of book-
keepers, stenographers, and timekeepers. They prepare bills, monthly
reports, pay rolls and correspondence, file correspondence, and keep
books and time records. It appears that neither the A. F. of L. nor'
the Independent has been designated by any of these employees. Since
no affirmative showing has been made nor any compelling arguments
advanced as to why we should depart from our usual practice of ex-
cluding clerical employees and timekeepers from a unit largely com-
posed of production and maintenance employees, we shall exclude the
clerks from the unit.
We find that all gas distribution employees in the Passaic Division
Gas Department of the Company, including main foremen, street fore-
men, service foremen, and shop foremen, but excluding clerks and all
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
' The Field Examiner reported that the A . F. of L . and the Independent presented 34 and
75 membership application cards, respectively . There are approximately 108 employees in
the appropriate unit. ,
PUBLIC SERVICE ELECTRIC AND GAS COMPANY 935
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 Relations 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 Public Service
Electric and Gas Company, Newark, New Jersey, 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 Second 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 Regula-
tions, 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
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether they desire to be represented by Local 274,
United Association of Journelmen Plumbers & Steamfitters of United
States and Canada, A. F. of L., or by Passaic Division Gas Distribu-
tion Independent Association, for the purposes of collective bargain-
ing, or by neither.