Brockton Taunton Gas Co.

618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Brockton Taunton Gas Company and Utility Workers' Union of America, AFL-CIO, Local Union No. 273, Petitioner. Case 1-UC-45 June 12, 1969 ORDER DENYING MOTION BY CHAIRMAN MCCULLOCH AND MEMBERS BROWN AND JENKINS On March 3, 1969, the National Labor Relations Board issued a Decision and Order' in the above-entitled proceedings in which it granted Petitioner's petition seeking clarification with respect to the unit placement of employees classified as gas load supervisors. Thereafter, on March 26, 1969, the Employer filed a Request for Reconsideration of the Decision and Order and a Motion to Reopen the Record for Receipt of Further Evidence. The Petitioner filed a Statement in Opposition to the Request for Reconsideration. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Board has delegated its powers in connection with this case to a three-member panel. The Board having duly considered the matter, It is hereby ordered that the motion for reconsideration be, and it hereby is, denied as containing no material matter of fact or law not previously considered by the Board.' It is further ordered that the motion to reopen the record for receipt of further evidence be, and it hereby is, denied, since the Employer proposes to offer no evidence material to the Board's reconsideration of this decision. 1174 NLRB No. 140. 'The Employer seeks a clarification of the Board's statement in its Decision that the "job of [gas] load supervisors does not seem to have the technical characteristics which would justify the exclusion of these employees as technicals who have no community of interest with the unit employees." These gas load supervisors are successors to the firemen and engineers, who were included in the original certification , at least at the Taunton location. They stand in substantially the same relationship to the other employees as did their predecessors, and are therefore included in the unit. The current collective-bargaining contract recognizes the Petitioner as the representative of the production and maintenance employees of the Employer. The job of gas load supervisor falls into the category of production and maintenance work and is, presumptively, included in the bargaining unit, unless the evidence establishes sufficient justification for exclusion of this function . We find no such justification on this record. 176 NLRB No. 85