Public Service Electric and Gas Co.

In the Matter of PUBLIC SERVICE ELECTRIC AND GAS COMPANY and LOCAL 274-B, UNITED ASSOCIATION OF JOURNEYMEN, PLUMBERS & STEAMFITTERS OF UNITED STATES AND CANADA, A. F. OF L. Case No. 2-R-5100.-Decided November 16, 1944 Mr. Joseph V. Suter, of Newark, N. J., for the Company. M. Jacob Friedland, of Jersey City, N. J., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local 274-B, United Association of Journeymen, Plumbers & Steamfitters of United States and Canada, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Public Service Electric and Gas Company, Newark, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon -due notice before Jack Davis, Trial Examiner. Said hearing was held at Jersey City, New Jersey, on, November 6, 1944. The Company and the Union appeared at and participated in the hearing., All parties were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rul- ings 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 and Gas Company is a New Jersey corpora- tion with its principal place of business at Newark, New Jersey. The I Although West End Gas Works Employees Association , herein called the Association, was served with Notice of Hearing, it did not appear. 59 N. L. R. B., No. 69. 325 326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company is engaged in the generation, transmission, sale, and dis- tribution of gas and electricity. The Company carries on its opera- tions without competition from any other utility in an area approxi- mately 100 miles long north and south and 15-20 miles wide east to -west. The Company operates 5 power plants, a 1,600-mile transmis- sion system, 11 switching stations, several local distribution divisions, and several gas manufacturing plants and gas distribution divisions. During 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 delivered -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 the same period, the' Cbmpany's total oper`ating' revenues exceeded $100,000,000. The Company furnishes electricity to interstate railroads, Western Union Telegraph Company, New Jersey Bell,Telephone Company, Tadio stations, and numerous manufacturers whose products move in interstate commerce. We are 'here concerned with the Company's West End Gas Works at Jersey City, New Jersey. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Local 274-B, United- Association of Journeymen, Plumbers & -Steamfitters of United States and . Canada, is a labor organization .affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collec- tive bargaining representative of certain of its employees until such -time as the Union is certified by the Board. On August 2, 1944, a majority of the employees involved herein voted, in a consent election, to be represented by the Association. 'Thereafter, the Association negotiated with the Company; but -no agreement was ever reached. On September 28 and October 3, 1944, the members of the Association met and voted unanimously to dissolve the Association and to affiliate with the Union. Thereafter, the Union -made its claim upon the Company. The Company contends that -no election should be held until a period of 1 year has elapsed since the date of the consent election. We find no merit in this contention. PUBLIC SERVICE ELECTRIC AND GAS COMPANY 327 Although our usual rule is that a certification following a directed or consent election must be effective for a period of 1 year, it is obvious that such a rule if applied in the instant case would defeat the very purpose of the Act inasmuch as the certified bargaining rep- resentative is no longer in existence. A statement of a Field Examiner of the Board, introduced into, evidence at the hearing, indicates that the Union represents a sub- stantial 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 the Company, within the meaning of Section 9 (c) and Section 2 (G) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with the parties, that all pro- duction, construction, and maintenance employees of the Company, at its West End Gas Works, including the plant at Duffield Street. and St. Paul Avenue , Jersey City, New Jersey , and branches at Hoboken, New Durham , and Consumers , New Jersey, excluding office and clerical employees and all supervisory* employees with authority to, hire, 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 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 2 The Field Examiner reported that the Union presented 148 membership application, cards. , There are approximately 170 employees in the appropriate unit. 328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately pre- ceding 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 election to determine whether or not they desire to be represented by Local 274-B, United Association of Journeymen, Plumbers & Steamfitters of United States and Canada, A. F. of L., for the purposes of collective bargaining.