Public Service Electric & Gas Co.

In the Matter of PUBLIC SERVICE EIiitcrRic & GAS Co. and Tim FEDERATION OF PATERSON GAS WORKERS Case No. R-5586.Decided July 10,1943 Mr. Joseph V. Suter, of Newark, N. J., for the Company. Mr. Edward 0. Bauer, of Elizabeth, N. J., for the Union. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by The Federation of Paterson Gas Work- ers, unaffiliated, herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employees of Public Service Electric & Gas Co., Newark, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Sidney Reitman, Trial Examiner. Said hearing was held at New York City on June 25,1943. The Company and the Union 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. 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 & Gas Co., a New Jersey corporation, with its principal office and place of business in Newark, New Jersey, is engaged in the production, purchase, distribution, and sale of gas and electric power in the State of New Jersey. During the period 3 The Utility Workers Organizing Committee, affiliated with the C. I 0, herein called the Committee , although served with notice, did not appear. 51 N. L. R. B., No. 50. 221 0 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD from May 31, 1942, to June 1, 1943, the Company purchased raw materials valued in excess of $5,000,000, approximately 90 percent of which was shipped from outside the State of New Jersey. During the same period the Company operated a transmission line which con- nected with lines of other companies in adjoining States. Also during the same period the Company furnished gas and electricity to approxi- mately 3,000,000 people, as well as to several railroads, which are com- mon carriers engaged in interstate commerce. The Company's total operating revenues during this period amounted to approximately $100,000,000. II. THE ORGANIZATION INVOLVED The Federation of Paterson Gas Workers, unaffiliated, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that the Union requested recognition as ex- clusive bargaining agent of the employees in the unit hereinafter found appropriate, but the Company refused such request, stating that it would not recognize the Union unless and until it was certified by the Board. The record reveals that there is at present an existing contract between the Company and the Committee which will expire by its own terms on August 3, 1943. We are of the opinion and find that inasmuch as the contract in question is about to expire, it is not a bar to a present determination of representatives. A statement prepared by the Regional Director, introduced in evi- dence, indicates that the Union represents` a substantial 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 employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, substantially in, accordance with a stipulation of the parties, that all hourly paid employees at the Company's Paterson Gas Works, which includes the pumping station at Passaic, New Jersey, excluding confidential employees, guards, foremen, and supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively 2 The Regional Director's statement shows that the Union submitted a petition containing 67 signatures All of the signatures appeared to be genuine, 64 of which are the names of persons whose names are listed on the Company's pay roll of May 19, 1943 ; the signatures were obtained between May 5 and May 10, 1943. There are 77 employees in the appropriate unit. 0 PUBLIC SERVICE' ELECTRIC & GAS CO. 223 recommend such action,3 constitute a unit appropriate for the pur- poses 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 our Direction of Elec- tion herein, subject to the limitations and additions set forth in said 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 2, 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 & Gas Co., Newark, New Jersey, 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 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 unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceeding 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, to determine whether or not they desire to be represented by The Federation of Paterson Gas Workers, unaffiliated, for the purposes of collective bargaining. a This is substantially the same unit covered by the contract between the Company and the Committee.