The F. A. Bartlett Tree Expert Co.

In the Matter of THE F. A. BARTLETT TREE EXPERT COMPANY, EM- PLOYER and TREE SURGERY, UTILITY LINE CLEARERS AND ALLIED WORKERS' LOCAL No. 236, NATIONAL FARM LABOR UNION, AFL, PETITIONER Case No. 1-RC-939.-Decided June 10, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing in this case was held at Boston, Massachusetts, on April 15, 1949, before Robert E. Greene, hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Murdock]. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. The business of the Employer: The Employer, a Connecticut corporation with its principal office in Connecticut, is engaged in tree surgery in some 18 States with divisional offices located in Massachusetts, New York, New Jersey, Pennsylvania, Delaware, and Kentucky. The divisional office at Cam- bridge, Massachusetts, under which the Employer operates 8 district offices located in Massachusetts, Rhode Island, Vermont, and New Hampshire, is the only office involved in this proceeding. The princi- pal raw materials used by the Employer include rope, cable, saws, and insecticides. Its annual purchases of these raw materials exceed $200,000 in value, and are made in various States. Annual purchases by the Cambridge divisional office exceed $25,000 in value, of which approximately 65 percent is used locally in Massachusetts, and 35 percent in other New England States. Annual sales for the Cam- bridge office exceed $150,000, of which about 50 percent is for general 84 N. L. It. B., No. 16. 106 THE F. A. BARTLETT TREE EXPERT COMPANY 107 private work, and about 50 percent for work done for telephone com- panies and other public utilities. The so-called general or private work performed by the Employer includes the trimming, pruning, feeding, cabling, back tracing, cavity fillings, and spraying of pri- vately owned shade and fruit trees and shrubbery. Work performed for public utility companies includes maintenance work such as trim- ming overhanging branches, and new construction work such as the original clearing of rights-of-way through unsettled and wooded areas. The Employer requests a ruling by the Board of the effect of its business on interstate commerce. Upon the basis of the foregoing facts concerning the business of the Employer and for reasons stated in Matter of The Davey Tree Expert Company, Inc.,' we find that the Employer is engaged in interstate commerce within the meaning of the Act, and-that it-will effectuate the policies of the Act to assert jurisdiction in this proceeding. 2. The labor organization named below claims to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. In accordance with the stipulation of the parties, we find that the following employees constitute an appropriate unit for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act : All hourly rated employees working under the Employer's divisional office at Cambridge, Massachusetts, but excluding office and clerical employees, guards, professional employees, salesmen, executives, senior foremen, foremen, and all other supervisors as defined in the Act as amended 2 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 1 81 N L R B. 1161. 2 The Employer in its brief contends that those of its employees engaged in the care and preservation of trees on private estates and public parks of various municipalities and counties, as distinguished from those engaged in rendering clearing and maintenance services to public utility companies, are clearly not engaged in interstate commerce, and should therefore not be included in the bargaining unit. We find no merit in this conten- tion we have found above that the Employer is engaged in interstate commerce within the meaning of the Act , and it is well established that a specific determination that the duties of particular employees sought to be represented affect interstate commerce is not a prerequisite to the assertion of jurisdiction by the Board over them. Matter of Concrete Pipe & Products Company, Incorporated , 74 N. L R. B. 905. 108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 30 days from the date of this Direction , under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Re- lations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately pre- ceding the date of this Direction of Election , including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired ,or reinstated prior to the date of the election , and also excluding em- ployees on strike who are not entitled to reinstatement , to determine whether or not they desire to be represented, for purposes of collective bargaining, by Tree Surgeon, Utility Line Clearers and Allied Work- ers' Local No. 236 , National Farm Labor Union, AFL.