Public Service Electric & Gas Co.

National Labor Relations Board - Board Decisions

Jul 10, 1943

51 N.L.R.B. 221 (N.L.R.B. 1943)

In the Matter of PUBLIC SERVICE EIiitcrRic & GAS Co. and Tim
FEDERATION OF PATERSON GAS WORKERS
Case No. R-5586.Decided July 10,1943
Mr. Joseph V. Suter, of Newark, N. J., for the Company.
Mr. Edward 0. Bauer, of Elizabeth, N. J., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by The Federation of Paterson Gas Work-
ers, unaffiliated, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Public Service Electric & Gas Co., Newark, New Jersey, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Sidney Reitman, Trial
Examiner. Said hearing was held at New York City on June 25,1943.
The Company and the Union appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon 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
1. THE BUSINESS OF THE COMPANY
Public Service Electric & Gas Co., a New Jersey corporation, with
its principal office and place of business in Newark, New Jersey, is
engaged in the production, purchase, distribution, and sale of gas
and electric power in the State of New Jersey. During the period
3 The Utility Workers Organizing Committee , affiliated with the C. I 0, herein called
the Committee , although served with notice, did not appear.
51 N. L. R. B., No. 50.
221
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222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from May 31, 1942, to June 1, 1943, the Company purchased raw
materials valued in excess of $5,000,000, approximately 90 percent of
which was shipped from outside the State of New Jersey. During the
same period the Company operated a transmission line which con-
nected with lines of other companies in adjoining States. Also during
the same period the Company furnished gas and electricity to approxi-
mately 3,000,000 people, as well as to several railroads, which are com-
mon carriers engaged in interstate commerce. The Company's total
operating revenues during this period amounted to approximately
$100,000,000.
II. THE ORGANIZATION INVOLVED
The Federation of Paterson Gas Workers, unaffiliated, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Union requested recognition as ex-
clusive bargaining agent of the employees in the unit hereinafter found
appropriate, but the Company refused such request, stating that it
would not recognize the Union unless and until it was certified by
the Board. The record reveals that there is at present an existing
contract between the Company and the Committee which will expire
by its own terms on August 3, 1943. We are of the opinion and find
that inasmuch as the contract in question is about to expire, it is not
a bar to a present determination of representatives.
A statement prepared by the Regional Director, introduced in evi-
dence, 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.
IV. THE APPROPRIATE UNIT
We find, substantially in, accordance with a stipulation of the
parties, that all hourly paid employees at the Company's Paterson Gas
Works, which includes the pumping station at Passaic, New Jersey,
excluding confidential employees, guards, foremen, and supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
2 The Regional Director's statement shows that the Union submitted a petition containing
67 signatures All of the signatures appeared to be genuine, 64 of which are the names of
persons whose names are listed on the Company's pay roll of May 19, 1943 ; the signatures
were obtained between May 5 and May 10, 1943. There are 77 employees in the appropriate
unit.
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PUBLIC SERVICE' ELECTRIC & GAS CO. 223
recommend such action,3 constitute a unit appropriate for the pur-
poses 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay
roll period immediately preceding the date of our Direction of Elec-
tion herein, subject to the limitations and additions set forth in said
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 2, 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 & Gas Co., 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 super-
vision 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, 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 preceeding 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 The Federation of
Paterson Gas Workers, unaffiliated, for the purposes of collective
bargaining.
a This is substantially the same unit covered by the contract between the Company and the
Committee.