Worcester Gas Light Co.

National Labor Relations Board - Board Decisions

Aug 31, 1945

63 N.L.R.B. 740 (N.L.R.B. 1945)

In the Matter Of WORCESTER GAS LIGHT COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No.1-R-2438.Decided August 31, 1945
Mr. Louis W. Doherty , of Springfield , Mass., for the Company.
Grant & Angoff , by Mr. Harold Roitman, of Boston, Mass., for the
Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by District 50, United Mine Workers
of America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Worcester Gas Light Company, Worcester, Massachusetts, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Leo J. Halloran,
Trial Examiner. Said hearing was held at Worcester, Massachusetts,
on June 22, 1945. The Company and the Union appeared and parti-
cipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Worcester Gas Light Company is a Massachusetts corporation with
its principal office and place of business in Worcester, Massachusetts,
where it is engaged in the distribution of gas for public consumption.
Raw materials used by the Company consist chiefly of coal, coke, and
oil. Annually, the Company purchases raw materials valued at ap-
proximately $900,000, more than 90 percent of which is shipped to
63 N. L. R. B., No. 107. _
740
WORCESTER GAS LIGHT COMPANY 741
its plant from points outside the Commonwealth of Massachusetts.
'The Company sells and distributes annually gas valued in excess of
$3,000,000. The Company's industrial customers include large manu-
facturing plants located in Worcester, which are engaged in interstate
commerce. The Company also furnishes wholesale gas to the Mil-
ford Gas Light Company, the Marlboro-Hudson Gas Light Company,
the Dedham & Hyde Park Gas and Electric Company, and the
Wachusett Electric Company, all located within the Commonwealth.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate?
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 Act.
IV. TUE APPROPRIATE UNIT
The Union seeks a unit composed of all office and clerical employees,
meter readers, collectors, and janitors on the office pay roll of the
Company's Worcester office, excluding the secretary to the vice presi-
dent, executives, the assistant collection supervisor, sales and super-
visory employees. Contrary to the Union's position, the Company
contends that certain alleged confidential employees should also be
excluded. Furthermore, the Company contends that the Union, cur-
rently representing the production and maintenance employees of the
Company, may not properly represent the office and clerical employees
as well.2
Pay-roll clerk: s There are two employees in the pay-roll depart-
ment known as the supervisor of the pay-roll department and the pay-
1 The Field Examiner reported that the Union submitted 25 authorization cards ; that
there were 48 employees in the unit alleged in the petition to be appropriate ; and that the
cards were all dated April 1945.
2 We find this latter contention to be without merit. See Matter of Armour and Company,
49 N L R B. 688 ; Matter of The Babcock & Wilcox Co , 52 N. L. R. B. 900.
3 Agnes Kelleher.
742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
roll clerk. They make up the pay roll, compute the time worked
by each employee, the amount earned, and the deductions to be made.
They have access to information relating to rates of pay and earnings
of other employees. The pay-roll clerk performs no other duties than
those involved in making up the pay roll. She performs these duties
under the supervisor of the pay-roll department. As the foregoing
indicates, the information available to the pay-roll clerk in the normal
course of her duties has no direct bearing upon the Company's labor
relations. Accordingly, we shall include the pay-roll clerk.4
Telephone switchboard operator:' This employee attends a tele-
phone school and passes on the information she acquires to the relief
operators. Although she handles all types of telephone calls, she is
not expected to listen to conversations other than to assure herself
that a proper connection has been made. Since it appears that in the
normal course of her duties she does not acquire confidential informa-
tion relating to labor relations, we shall include her 6
Secretary to the superintendents of the departments of distribution
and utilization: 7 The record shows that confidential matters respect-
ing the Company's labor relations are discussed and handled in the
offices of the department superintendents. The secretary to the super-
intendents of the departments of distribution and utilization is sta-
tioned in their office, takes all their dictation, and handles confidential
matters arising in connection with her secretarial duties. It is clear
that she performs secretarial duties of a nature which involves
knowledge of confidential matters respecting the Company's labor
relations. Accordingly, we shall exclude her.
The secretary to the general superintendent and stores supervisor
occupies substantially the same position as the secretary to the super-
intendents of the departments of distribution and utilization .^ We
shall, therefore, also exclude the former from the unit.
We find that all office and clerical workers on the office pay roll of
the Company's Worcester, Massachusetts, office, including meter read-
ers, collectors, the pay-roll clerk, the telephone switchboard operator,
and the office janitors, but excluding sales employees, the secretary
to the superintendents of the departments of distribution and utiliza-
tion, the secretary to the general superintendent and stores supervisor,
the secretary to the vice president, executives, the assistant collection
supervisor, and all other supervisory employees with authority to hire,
4 See Matter of Micamold Radio Corporation , 58 N. L. R. B 888 , Matter of Columbia
Steel cC Shafting Company, et at, 60 N. L. R. B. 301.
Grace P. Crotty.
See Matter of Sinclair Rubber Inc., 62 N L R B 1183, Matter of Firestone Tire ^C
Rubber Company, 62 N. L. R. B. 942.
7 Margaret Kennedy.
8 Margaret Clifford.
0 Each of these employees serves at times as the operator of the telephone switchboard.
WORCESTER GAS LIGHT COMPANY 743
promote, discharge, discipline , or otherwise effect changes in the status
of employees , or effectively recommend such action, constitute a unit
appropriate for the 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 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 the Direction of Elec-
tion 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 Rela-
tions 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 Worcester Gas
Light Company , Worcester , Massachusetts , 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 First 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 Regulations,
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 the 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
election , to determine whether or not they desire to be represented
by District 50, United Mine Workers of America, for the purposes
of collecti ve bargaining.