Twin State Gas and Electric Co.

National Labor Relations Board - Board Decisions

Jan 30, 1942

38 N.L.R.B. 760 (N.L.R.B. 1942)

In the Matter of TWIN STATE GAS AND ELECTRIC COMPANY and BROTH-
ERHOOD OF UTILITY WORKERS OF NEW ENGLAND, INC.
Case No. R-3,319.Decided January 30, 1912
Jurisdiction : electric power and gas manufacturing and sales industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all employees in the meter, line
maintenance and construction, gas, and service departments, but excluding
employees in the sales, merchandise, and commercial departments, executives,
engineers, and confidential, office, and clerical employees, and supervisory
employees above the rank of working foremen in the Dover Division of the
Company held to constitute an appropriate unit in the absence of organization
on a broader basis
Hughes and Buy ns, by Mr. George 7'. Hughes , of Dover , N. H., for
the Company.
Mr. lVilliam Ill. Kerwin , of Boston , Mass., for the Union.
Mr. J. H. Garver , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On,September 19, 1941, Brotherhood of Utility Workers of New
England, Inc., herein called the Union, filed with the Regional Di-
rector for the First Region (Boston, Massachusetts) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Twin State Gas and Electric Company
of Dover, New Hampshire, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On November 7, 1941, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) of
the Act and Article Ill, Section 3, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and provide
for an appropriate hearing upon due notice.
38 N. L. R. B , No. 146.
760
TWIIV STATE GAS AND ELECTRIC COMPANY 761
On November 8, 1941, the Regional Director issued a notice of hear-
ing, copies of which, together with copies of the petition, were duly
served upon the Company and upon the Union. Thereafter notices
of postponement of hearing were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on November 24,
1941, at Dover, New Hampshire, before Albert J. Hoban, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and the Union were represented by counsel and participated in
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has reviewed all the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
The Company filed a brief on December 8, 1941, which the Board
has considered. On the same date, the Company also requested that
certain typographical errors in the transcript of testimony be cor-
rected. The Board hereby orders that the Company's request be made
a part of the record and that the transcript be corrected in accordance
with said request.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, a Connecticut corporation, is a wholly owned sub-
sidiary of the New England Public Service Company, and has its
principal office in Rutland, Vermont. It is engaged in selling elec-
tricity and gas and in selling and servicing various gas and electrical,
appliances. It has three divisions in New Hampshire; this proceed-
ing is concerned only with the Dover, New Hampshire, Division.
There are approximately 100 employees in the Dover Division, as
compared with 75 in the other 2 divisions in New Hampshire. The
Dover Division accounts for approximately 80 percent of the total
revenue received from the New Hampshire divisions, which for thr
first 10 months of 1941 amounted to over $1,000,000, and services a
population of about 50,000 as compared with about 27,000 serviced
by the other divisions in the State. In this Division there are five
hydroelectric plants and the sole gas plant operated by the Company.
During the 10-month period ending October 31, 1941, purchases
of raw materials allocable to the Dover Division had a value of about
$327,000, of which approximately 3 percent was purchased from out-
side the State. During the same period the Dover Division sold
appliances valued at about $157,000, which had been purchased from
762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manufacturers and dealers both in and outside the State of New
Hampshire.
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATION INVOLVED
Brotherhood of Utility Workers of New England, Inc., is an un-
affiliated labor organization, admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REI'RE^ENTATION
On September 17, 1941, the Union requested the Company to recog-
nize it as the exclusive representative of substantially the same classes
of employees it now seeks to establish as an appropriate unit. The
Company refused to grant recognition.
A statement of the Regional Director, introduced in evidence, shows
that the Union represents a substantial number of employees in the
unit alleged by it to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company de-
scribed in Section I above, has a close, intimate, and substantial rela-
tion to trade, traffic, and commerce among the several States and tends
to lead to labor disputes burdening and obstructing commerce and
the free flow of commerce.
V. THE APPROPRIATE UNIT
In its petition the Union alleged that the appropriate bargaining
unit consisted of "employees in the Gas Plant, Gas' Distribution, Gas
Service or Maintenance, and Meter Departments, Meter Readers, Sta-
tion Dispatchers, Operators Overhead Lines, and Stock Room em-
ployees, in the Dover Plant, exclusive of executives, supervisory
employees, merchandise sales employees, commercial department em-
ployees above the rank of Working foremen, confidential employees,
and office department employees." The Company does not oppose a
'The Regional Director 's statement shows that 21 employees whose names appear on
the Company's pay roll of September 27, 1941, have signed application for membership cards
in the Union There were about 50 or 60 employees in the alleged unit on that date. At
the hearing the Company filed a motion that the petition be dismissed on the ground that
a majority of the employees had not designated the Union as their representative for pur-
poses of collective bargaining. We find no merit in the motion and i•t is overruled.
TWIN STATE GAS AND ELECTRIC COMPANY 763
unit limited to the Dover Division. The Union has confined its or-
ganizational efforts among employees of the Company to those in
the Dover Division. So far as appears, no other union has attempted
to organize any of the Company's employees. Under these circum-
stances, we find that at the present time a unit restricted to the Dover
Division is appropriate.'
It appears that the parties are agreed, in general, that operative
or physical workers, both in and outside the plants, should be included,'
whereas clerical, supervisory, administrative, and sales employees
should be excluded. They are in disagreement, however, as to the
inclusion or exclusion of various employees.
The Company has a department to service merchandise sold, the
work of which is described as receiving, handling, delivering, and
servicing various gas and electrical appliances. The Company also
has employees who service and maintain gas-distributing facilities,
some of whom also service appliances. The Union would exclude
employees servicing appliances, but Would include those servicing
gas-distribution facilities. We see no reason for excluding those who
service appliances. We shall, therefore, include employees engaged in
servicing gas and electrical appliances and those servicing gas-dis-
tributing facilities.4
The Union also objects to the inclusion of three employees engaged
in general maintenance work, Charles Macauley, Raymond Chase, and
George Vachon. Macauley maintains the automotive equipment used
by the linemen and at times assists the linemen; Chase performs
building-maintenance work; and Vachon is the janitor in the garage
and office and also performs manual work around the substations.
We shall include these three employees, since they perform manual
work and have interests in common with the other operative and physi-
cal employees sought by the Union.
The Company has a commercial department, consisting of about
22 employees, which handles domestic and commercial accounts.
The Company and the Union agree that most of the commercial em-
ployees should be excluded, but the Company Would include Clifton
Carswell, Thomas Mannix, Roger Woodward, and Ralph Card. The
Union desires that these four employees be excluded. Carswell, Man-
2 Matter of the Ohio Public dciasce Company and International Brotherhood of Electrical
Workers, A F L, 36 N . L R B 1269
3 In terms of the Company's classification , the parties are agreed , with exceptions noted
hereinafter, that employees listed in the following categories should be included • "Line
Maintenance and Construction," "Meter Department," "Gas-All Departments," "Station
Operators," and "Sub-Station Operators "
4 The following service men objected to by the Union are, therefore , included - Vernon
Atkins, Walter George, Albert Keenan, Richard Munsey, and Charles Niles The following
four employees, to whom the Union made no objection , are also included • James Dobbins,
Wesley Kenny, and Bernard Murphy, who appear to service both applicanes and gas-
distribution facilities , and William Murphy, who performs service -department operations
principally.
764 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nix, and Woodward spend all or a majority of their time delivering
and collecting bills. Card is primarily an office employee, although
he does some work as a substation operator. We find that these four
employees are engaged in office or clerical work similar to that of
employees excluded. We shall, therefore, exclude them.
The Company would include, whereas the Union would exclude,
three persons employed as engineers, who perform plant inventory
and planning work, draw maps, make construction estimates, and
engage in other office duties.5 We shall exclude them. Another
employee, Ralph Sinclair, appears to do some work similar to that
of the engineers, although he is classified in the line maintenance
and construction department. He makes out job orders for linemen
and metermen, and most of his time is charged to plant inventory.
We shall exclude him. We shall also exclude Joseph Morin, since
lie is a line construction and maintenance foreman with authority
over the employees and respective foremen of four crews.
We find that all employees of the Company employed in its Dover
Division in the meter, line maintenance and construction, gas, and
service departments, including station and substation operators and
general maintenance employees, but excluding employees in the sales,
merchandise, and commercial departments, executives, engineers, and
confidential, office, and clerical employees, and supervisory employees
above the rank of working foremen, constitute a unit appropriate for
the purposes of collective bargaining. We further find that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and other-
wise will effectuate the policies of the Act.
VI. THE DEPERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot.
We shall direct that all employees within the appropriate unit
who were employed by the Company during the pay-roll period im-
niediately preceding the date of this Direction of Election, subject
to the limitations and additions set forth in the Direction, shall be
eligible to participate-in the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Twin State Gas and Electric Company,
5 Stephen Dawson , Robert Young, and Carroll Crouch.
TWIN STATE GAS AND ELECTRIC COMPANY 765
Dover, New Hampshire, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Company employed in its Dover Division
in the meter, line maintenance and construction, gas, and service
departments, including station and substation operators and general
maintenance employees, but excluding employees in the sales, mer-
chandise, and commercial departments, executives, engineers, and confi-
dential, office, and clerical employees, and supervisory employees above
the rank of working foremen, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Twin State Gas and Electric Company, Dover, New Hampshire,
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 First
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all employees of the Company employed in its
Dover Division in the meter, line maintenance and construction, gas,
and service departments, including station and substation operators
and general maintenance employees, who were employed during the
pay-roll period immediately preceding the date of this Direction,
including employees who did not work during such pay-roll period
because they were ill or on vacation or in active military service or
training of the United States, or temporarily laid off, but excluding
employees 'in the sales, merchandise, and commercial departments,
executives, engineers, and confidential, office, and clerical employees,
and supervisory employees above the rank of working foremen, and
all employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Brotherhood
of Utility Workers of New England, Inc., for the purposes of collec-
tive bargaining.