Rockland Light & Power Co.

National Labor Relations Board - Board Decisions

May 29, 1943

49 N.L.R.B. 1398 (N.L.R.B. 1943)

In the Matter of ROCKLAND LIGHT & POWER COMPANY and UTILITY
WORKERS ORGANIZING COMMITTEE , LOCAL 251, C. I. O.
Cases Nos. R-5179 to R-5181, inclusive, respectively-Decided May 299,
1943
• Cullen d Dyckman, Esquires, of Brooklyn, N. Y., by Mr. Arthur
E. Goddard, for the Company.
Mr. Oliver J. Harper, of New York City,,for the C. I. O.
Mr. Williaam. C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Utility Workers Organizing Committee,
Local 251, C. I. 0., herein called the C. I. 0., alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of Rockland Light' & Power Company, Nyack, New York,
herein called the Company, the National Labor Relations Board
ordered the cases consolidated and provided for an appropriate hear-
ing upon due notice before Sidney Reitman, Trial Examiner. Said
hearing was held at Nyack, New York, on April 13, 1943. The Com-
pany and the. C. I. O. 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. The Company and the C. I. O. filed briefs which the
Board has considered.
Upon the entire record in the case the Board makes the following:
' United Electrical Workers Organization did not appear at the hearing although a notice
of hearing was sent by registered mail to its only known officers. We find no merit in the
Company 's contention that notice was not liroperly served upon the United Electrical
Workers Organization.
49 N. L. R. B., No. 195.
1398
R'OCKLAN'D LIGHT & POWER COMPANY 1399
FINDINGS OF FACT
I., THE BUSINESS OF THE COMPANY
Rockland Light & Power Company is a New York corporation with
its principal office at Nyack, New York. It is a public utility engaged
in the generation,, purchase, sale, and distribution of electricity and
natural gas. The Company operates a steam plant for the generation
of, electric power at Hillburn, New York, and four hydro-generating
stations, two of which are located at Lumberland and two at Forest-
burg, New York. These are known as the Cuddebackville, Mongaup,
Rio, and Swinging Bridge plants. The Company also owns three
plants for the manufacture of gas located at Nyack, Middletown, and
Port Jervis, New York. The Company operates a system of electric
lines', and gas mains for the transmission and delivery of electricity
and gas to consumers in the States of New York and New 'Jersey and
the Commonwealth of Pennsylvania.2 Branch offices are maintained
at West Nyack, Pearl River, Suffern, Spring Valley, Haverstraw, Port
Jervis, and Wurtsboro, New York, Ramsey and Closter, New Jersey,
and at Milford, Pennsylvania. Stores and service buildings are main-
tained at West Nyack, Hillburn, Middletown, and Port Jervis, New
York.
The principal raw materials purchased by the Company for use in
its business are coal, coke, gas oil, -lubricating -oil, and natural gas.
It also purchases wire, poles, cross arms and other electrical transmis-
sion, and distribution supplies and equipment, and gas pipe and fit-
tings for its gas transmission and distribution system. During the
6-month period preceding the-hea'ring, the C'ompany'purchased-from
outside the State of New York approximately 25 carloads of materials.
This amounted to approximately 90 percent of all materials purchased
in that period. It purchased in said 6-month period over 2,000,000
therms of natural gas in New York, Pennsylvania, and West Virginia,
and over 11,000,000 kilowatt hours of electricity in New Jersey. Dur-
ing the same period the Company delivered to consumers .outside the
State of New York over 11,000,000 kilowatt hours of electricity and
over 30,000 therms of natural gas, or approximately 20 percent of the
total amount of electricity and gas sold by the Company. The Com-
pany employs approximately 450 employees' in its electric and gas
departments. The Company admits'that it is engaged,in commerce
within the meaning of the National Labor Relations Act.
'The Company furnishes' electric power to approximately 28,000 consumers and gas to
approximately 9,000 consumers.. ,
1400 DYEI(,ISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
Utility Workers Organizing' Committee, Local 251, is a. labor
organization affiliated with the Congress, of Industrial Organizations,
admitting to. membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION -
The' parties stipulated at the hearing'that the C: I. 0. had duly
requested recognition; as the exclusive 'bargaining representative of
the employees in'•eac&&'of three bargaining units which it, alleges are
appropriate, and that the Company ,refuses to recognize the C. I. 0.
in each instance. unless and until 'it is certified by the Board. The
Company also raises as a bar to the proceedings in Case No. R-5181
a-contract entered int&ibetween the Company and United Electrical
Workers Organizatiori,•herein called the U. E. W. 0., on December 31,
1941. The 'contract covers electrical department - employees in the
Company's Eastern Division. It contains the following termination
clause:
This agreement shall continue iii full force and effect until
January 1, 1943. Thereafter it shall be automatically renewed
for successive periods of twelve (12) months each unless and until
either party gives written notice of termination to the other party,
by registered mail deposited in the post office at least thirty (30)
calendar days prior to the expiration date of this agreement, or of
the current renewal thereof, as the case may be.
The C. I. 0. contends that the contract is no bar because the contract-
ing union has- dissolved and therefore the contract is, a nullity.
The record discloses,that the U. E. W. O. was organized in April
1941. On November 6, 1941, following an election directed by. .the
Board,$ the U. E. W. 0. was duly certified as the exclusive bargaining
representative of certain employees in the Company's electrical de-
partment,in the Eastern Division. Thereafter, the Company and the
U., E. W. .0. entered into the aforementioned collective bargaining
-contract. The U.. E., W. 0. held regular monthly meetings, each of
which,was attended by, a quorum, up to ,April -1942. Thereafter, a
quorum, of 30_ members, as,required by the constitution and bylaws
of the U. E. W. 0., was never, present at any of the.regular monthly
meetings, which •were, attended by from 7 to 15 members. , On, Febru-
ary 18, 1943, at a special meeting of the U. E. W. 0. which was
attended by over 30, members, a motion to dissolve the U. E. , W: O:
was unanimously passed. The U. E. W. 0. has. taken up no griev-
See Matter of Rockland Light d Power Company ' and United Electrical Workers
Organization, 35 N. L . R. B. 542.
ROCKLAND LIGHT & POWER COMPANY • 1461
antes with the Company since the execution of the contract. - The
president of the-U. E. W. O. left the employ of the Company-and-
since he vacated that office, no one has been elected to replace him.
The U. E. W. O: maintained a bank account in one of the local banks
until February 18, 1943, at which time all the money then deposited
to its credit 'was withdrawn.
Since, as appears from the foregoing facts, there is an unresolved
doubt as to the continued existence of the U. E. W. 0., we find that
the contract between the Company and the U. E. W. O. does not
constitute a bar to the present determination of representatives among
the employees in the electrical department of the Company's Eastern
Division.4
Statements of the Regional Director, introduced in evidence at the
hearing, indicate that the C. I. O. represents a substantial number of
employees in each of the units hereinafter found to be appropriate.-,
We find that questions affecting commerce have 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.
IV. THE APPROPRIATE UNITS
The C. I. O. seeks to represent certain employees of, the Company
in three separate units, each of which, it contends, constitutes an
appropriate bargaining unit. Here, as in a prior proceeding,' the
Company contends that a. system-wide unit comprised of all its em-,
ployees, excluding only confidential and supervisory employees, is
an appropriate bargaining unit. In the prior case the Board found
that, since the petitioner, the U. E. W. 0., had limited its activities to
electrical employees in the Eastern Division, a unit restricted to such
employees was appropriate. Likewise, in the instant case, the record
discloses that self-organization of the Company's employees has not
as yet become general.' Accordingly, we find that the system-wide
' Cf. Matter of Lincoln Transit Co. Inc. and Transport Workers Union 'of America, 47
N L. R. B 1325; Matter of Willard Storage Battery Company of California and United
Automobile, Aircraft & Agricultural Implement Woikeis of America, Local 509, C. I. 0.,
46,N L. R. B 425, and cases cited therein
6 Case No R--5179: The Regional Director reported that the CA. 0. submitted three cards
bearing apparently genuine signatures of employees whose names appear on the Company's
pay roll of March 11, 1943, which pay roll lists three persons in the appropriate unit.
Case No R-X180.• The Regional Director reported that the C. I. 0 submitted three cards
bearing apparently genuine signatures of persons whose names appear on, the Company's
pay roll of March 11, 1943, which pay roll contains the names of four persons within the
appropriate unit. ' . . . ' • - - I • ,
Case No R-5181: The Regional Director stated that the C. I. 0. submitted 54• cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of March I1, 1943, which pay roll contains 77 names of employees within the
appropriate unit.
6 See footnote 3, supra ,
7 The C. I. 0 has confined its organizational activity to the three groups ,of, employees
serein involved, knd to one other group pres`entty'represented by it pursuant to a consent
election.
1402 DEVIsIONS OF NATIONAL LABOR RELATIONS BOARD
unit sought by the Company is not appropriate at the present time.
We reiterate,. however, that our findings hereinafter set forth as to
the appropriate units will not preclude a later determination at-aii-
other stage of self-organization among the'Company's employees that.
a more comprehensive unit may be appropriate.
Unit 1
The C. I. O'. contends that all electrical maintenance employees, at
the Cuddebackville, Mongaup, Rio, and Swinging Bridge hydro-elec-
tric plants of the Company comprise an appropriate bargaining unit.
The Company, on the other hand, contends, as an alternative to its
contention that a system-wide unit is appropriate, that all production
and maintenance employees in the Western Division, including the
electrical maintenance men, comprise an appropriate unit. This unit
would apparently include both electrical and gas department em-
ployees of the Company. The Company employs only three electrical
maintenance men in its Western -Division. These employees are
charged with the inspection, maintenance, and repair of electrical
equipment at the hydro-electric plants_ and substations. , They have
a separate supervisor and generally work out of the Middletown, New
York, office, where certain special testing equipment is located: / These
three electrical maintenance employees were excluded, at the insist-
ence of the Company, from the unit set forth in a consent-election
agreement entered into between the C. I. O. and the Company on No-
vember 18, 1942. The unit there.agreed upon was comprised of all,
hydro-electric -operators and hydro-maintenance men at the • Cudde-
backville, Mongaup, Rio; and Swinging Bridge hydro-electric plants,.
excluding temporary employees, superintendents, foremen,, assistant
foremen, guards, and electrical maintenance men. - As a result of the
.election conducted among these employees-the C. I. O. is the present
bargaining representative for them. - The work of the electrical main- ^
tenance men differs from the work of the hydro-electric operators
and of employees in the distribution"department of the Company.
Since the Company has previously indicated its desire to exclude these
employees from the, unit presently represented by the C. I., 0., and
since there is no showing that all categories of employees, in Western
Division have yet been organized, we. find that the electrical mainte '
nance men employed in the Western Division of the Company con-
stitute a unit appropriate for the purposes of collective bargaining
within the, meaning of Section 9 (b) of the Act.
Unit.
The C. I. O.. contends that, all guards employed at the hydro electxiq
plants of the Company at Cuddebackville, Mongaup, Rio, and Swing-
% Rt:OCXLAN'D LIGHT & POWER COMPANY 1 1403
ing Bridge, and at the steam plant in Hillburn, New York, comprise
an appropriate bargaining unit. The Company contends that the
guards are not entitled to representation under the Act, and there-
fore the unit sought by the C. I. 0. is inappropriate. The proposed
unit would include all guards employed by the Company, in both the
Eastern and Western Divisions. It would include the four guards
employed to guard the dam at the Swinging Bridge hydro-electric
plant and the three guards employed at the Hillburn steam plant.
The guards at the Swinging Bridge plant are stationed in the watch-
tower located on the dam and have no contact with the hydro-electric
operators. -It is their duty to protect the dam from sabotage. The
guards at the Hillburn steam'plant patrol the fence which encloses
the plant. Their duty is to protect the steam plant from sabotage
and illegal entry. We perceive no reason to differentiate these guards
from ordinary plant-protection employees who, we have consistently
found, may comprise appropriate bargaining units .8
Accordingly, we find that all guards employed by the Company
in its Eastern and Western. Divisions constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the At.
Unit 3
In accordance with the stipulation of the parties, we find that all
employees of the electrical department of the Eastern Division of the
Company engaged in production, distribution, construction, main-
tenance and service, activities, including employees in the meter
department and 'garage men, but excluding meter readers, officers,
supervisory, clerical and confidential employees; and guards; con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.9 -
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units, who were employed during the pay-
xoll period immediately preceding the date of the Direction of
Elections herein, subject, to the limitations and additions set forth
in the Direction.
8 See Matter of Chrysler Corp highland Park Plant and Local 114, United Automobile,
Aircraft and Agricultural Implement Workers of America, affiliated with the C. I. 0., 44
N. L. R. B 881, and subsequent cases
9 This unit is identical with the unit found appropriate in the prior case cited in footnote
3, supra, except it does not include "all uniformed full-time meter indexers reading electrical
and gas meters" and excludes "meter readers" and "guards."
1404 DECISIONS OF NATION1AL LABOR RELATIONS BOARD f
DIRECTION. OF ELECTIONS
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 2, as amended,
it is hereby.
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Rockland, Light
& Power Company, Nyack, New York, elections 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, Section 10, of said Rules and Regulations, among the
employees in the units 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 tem-
porarily laid of, ,and including employees in the armed forces of the.
United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Utility Workers Organizing Committee, Local 251, C. I. 0., for the
purposes of collective barganing.
o,
CHAIRMAN MuLIS took no part in the consideration of the above
Decision'and Direction of Election.