Consolidated Edison Co. of New York, Inc.

hi the Matter of CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., BROOKLYN EDISON COMPANY, INC., NEW YORK AND QUEENS ELECTRIC LIGHT AND POWER COMPANY, WESTCHESTER LIGHTING COMPANY, THE YONKERS ELECTRIC LIGHT AND POWER COMPANY, NEW YORK STEAM CORPORATION, AND CONSOLIDATED TELEGRAPH AND ELECTRICAL SUBWAY COMPANY and AMALGAMATED UTILITY WORKERS AFFILIATED WITH UTILITY WORKERS ORGANIZING COMMITTEE, C. I. O. In the Matter of CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., BROOKLYN EDISON COMPANY, INC., NEW YORK AND QUEENS ELECTRIC LIGHT AND POWER COMPANY, WESTCHESTER LIGHTING COMPANY, THE YONKERS ELECTRIC LIGHT AND POWER COMPANY,. NEW YORK STEAM CORPORATION , AND CONSOLIDATED TELEGRAPH AND ELECTRICAL SUBWAY COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNIONS Nos. B-825, B-826, B-828, B-829, B-830, B-832, AND B-839, A. E. OF L. Cases Nos. R-1739 and R-1740, respectively. Decided March 2, 1940 Gas and Electric Utility Industry-Investigation of Representatives: con- troversy concerning representation of employees. rival organizations ; refusal to bargain by employer-Units Appropriate for Collective Bargaining : ( 1) produc- tion, maintenanc, . operation , construction , and other stated classifications of employees throughout system, excluding supervisory . engineering, sales, clerical and other stated classifications of employees , pursuant to stipulation; (2) engineering, sales, clerical, and other stated classifications of employees through- out system, excluding supervisory, production . maintenance, operation, con- struction, and other stated classifications of employees, pursuant to stipulation- Elections Ordered: employees on stipulated pay roll eligible to vote Mr. Mark Lauter and Mr. Alan F. Perl, for the Board. Whitman, Ransom, Coulson ct3 Goetz, by Mr. William L. Ransom, Mr. Henry S. Reeder, and Mr. P. M. Berksov, of New York City, for the Companies. Boudin, Cohn d Glickstein, by Mr. Leonard B. Boudin and Mr. Sidney Elliott Cohn, of New York City, for the Amalgamated. Mr. Isaac Lobe Straus, of Baltimore. Md., and Delafield, Marsh, Porter d Hope, by Mr. Claude A. Hope, of New York City, for the I. B. E. W. and its affiliated locals. Mr. Herman E. Cooper, of New York City, for the Edison Brother- hood and its affiliated locals. Mr. David Findling, of counsel to the Board. 21 N.L. R B.,No.1]. 65 66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On April 12, 1939, Amalgamated Utility Workers affiliated with Utility Workers Organizing Committee, C. I. 0., herein called the Amalgamated, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Consolidated Edison Company of New York, Inc., New York City; Brooklyn Edison Company, Inc., New York City ; New York and Queens Electric Light and Power Company,' New York City; West- chester Lighting Company, Yonkers, New York; and The Yonkers Electric Light and Power Company, Yonkers, New York ; and requesting an investigation and certification of representatives, pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act.' On September 1, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On September 5, 1939, the Regional Director issued a notice of hearing, and on September 21, 1939, a notice of postponement of hearing, copies of which notices were duly served upon the above- named Companies ; upon the Amalgamated ; upon International Brotherhood of Electrical Workers, Local Unions Nos. B-825, B-829, B-830, B-832, and B-839, described in the petition as labor organ- izations claiming to represent employees of the Companies directly affected by the investigation; and upon International Brotherhood of Electrical Workers, herein called the I. B. E. W. Pursuant to the notice of postponement, a hearing was held on October 16 and 17, 1939, at New York City, before Edward Gran- I Sometimes designated in the record as New York & Queens Electric Light & Power Company 2 The petition was styled "amended petition " On November 20, 1937, Local 1212, United Electrical, Radio & Machine Workers of America. C 1 0 , which counsel for the Amalgamated stated at the hearing was the predecessor organization of the Amalgamated, had filed a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Consolidated Edison Company of New Yoik, Inc, Brooklyn Edison Company, Inc , New York and Queens Electric Light and Power Com- pany, Westchester Lighting Company, The Yonkers Electric Light and Power Company, New York Steam Corporation, and Consolidated Telegraph and Electrical Subway Com- pany No order directing an investigation was issued, and no other proceedings were taken on this petition, and for the purposes of this proceeding the petition filed on April 12, 1939, by the Amalgamated will be deemed "the petition" herein CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 67 Bison Smith, the Trial Examiner duly designated by the Board. The Board, the above-named Companies, the Amalgamated, and the I. B. E. W. and the above-named local unions were represented by counsel and participated in the hearing. No testimony was taken at the hearing. At the commencement thereof, the Companies, and the I. B. E. W. and the above-named local unions moved to dismiss the petition upon the grounds, inter alia, (1) that the petition was defective in that New York Steam Corporation and Consolidated Telegraph and Electrical Subway Company, claimed by the moving parties to be necessary and proper parties to the proceeding, were not named as parties thereto, and (2) that the unit claimed in the petition to be appropriate for the purposes of collective bargaining was inappropriate and arbitrary, for the reason that it did not include employees of New York Steam Corporation and Consolidated Telegraph and Electrical Subway Company, and for the further reason that it failed to include employees in certain classifications. The Trial Examiner referred this motion to the Board. For the reasons stated below, the motions are hereby denied 3 During the hearing, the Trial Examiner granted the motion of the Amalgamated to amend the petition in certain particulars with respect to the alleged appropriate unit.4 During the hearing, the Trial Examiner also made rulings on other motions. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. At the conclusion of the hearing on October 17, New York Steam Corporation and Con- solidated Telegraph and Electrical Subway Company filed separate applications alleging that they, together with the Companies named in the petition, collectively constitute a "unitary and integrated system" and are under "unified ownership, management, and operation" ; and requesting that they be made parties to, and be permitted to inter- vene in the proceeding. The Trial Examiner reserved rulings on these applications. The Trial Examiner then adjourned the hearing to October 20 upon the motions made by the Companies, and the I. B. E. W. and the above-named local unions, on the ground that they were not prepared ro proceed on the petition as amended. Pursuant to the order of adjournment, the hearing was continued ,on October 20, 1939, at New York City, before Gustaf B. Erickson, the Trial Examiner duly designated by the Board in place and stead of Edward Grandison Smith. No testimony was taken at the hear- E See footnotes 8 and 9, infra 4 The amendment changed the terminoioey in which the alleged appropriate unit was expressed and, according to the, attorney for the Amalgamated, was intended only (1) to include within the unit construction workers previously excluded and (2 ) to set forth -with greater particularity other classifications of employees sought to be included by the petition The amendment was not directed to the gionnds specified in the motions to dismiss 68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing. The Companies, and the I. B. E. W. and the above-named local unions again moved to dismiss the petition upon substantially the same grounds urged by them previously. The Trial Examiner did not rule on these motions. For the reasons stated below the mo- tions are denied.b Pursuant to agreement of all parties, the Trial Ex- aminer then ordered that the hearing be adjourned until October 26. No hearing was held on October 26, the hearing being adjourned and thereafter from time to time again adjourned, until February 9, 1940. <J Meanwhile, on November 22, 1939, the I. B. E. W. and Inter- national Brotherhood of Electrical Workers, Local Unions Nos. B-825, B-826, B-828, B-829, B-830, B-832, and B-839, herein called its affiliated locals, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Consolidated Edison Company of New York, Inc., and its affiliated Companies : Brooklyn Edison Company, Inc.; New York and Queens Electric Light and Power Company; Westchester Lighting Com- pany ; The Yonkers Electric Light and Power Company ; New York Steam Corporation, New York City ; and Consolidated Telegraph and Electrical Subway Company, New York City; collectively herein- after called the Companies, and requesting an investigation and certification of representatives, pursuant to Section 9 (c) of the Act. On February 6, 1940, the Board, acting pursuant to Section 9 (c) of the Act and Article III, Sections 3 and 10 (c) (2), of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation in the case arising upon the petition of the I. B. E. W. and its affiliated locals; authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice ; and consolidated said case for all purposes with the case arising upon the petition of the Amalgalnated.e Pursuant to notice duly served upon the Companies, the Amalga- mated, and the I. B. E. W. and its affiliated locals, a hearing in the cases as consolidated was held on February 9, 13, and 14, 1940, at New York City, before Gustaf B. Erickson, the Trial Examiner duly designated by the Board. The Board, the Companies, the Amalga- mated, and the I. B. E. W. and its affiliated locals, were represented by counsel and participated in the hearing. At the opening thereof, Brotherhood of Consolidated Edison Employees, herein called the Edison Brotherhood, and Local Unions Nos. 1, 2, 3, 4, 5, 6, and 7 6 See footnotes 8 and 9, infra. 6 This order also revoked an order of the Board dated January 12, 1940, in which the Board had previously directed the foregoing investigation , authorized a hearing, and consolidated the cases as aforesaid ; but in which the caption had incorrectly listed the names of the Companies involved CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 69 of Brotherhood of Consolidated Edison Employees, herein called its affiliated locals, appeared by counsel and, claiming to represent em- ployees of the Companies directly affected by the investigations, moved to intervene in the consolidated proceedings.' The Trial Examiner granted the motion. Thereafter, the Edison Brotherhood and its affiliated locals were represented by counsel and participated in the hearing. At the commencement of the hearing, the Trial Examiner grainted, without objection, the applications made on October 17, 1939, by New York Steam Corporation and Consolidated Telegraph and Electrical Subway Company to intervene in the case arising upon the petition of the Amalgamated. Thereafter the Trial Examiner granted the motion of the Amalgamated to amend the pe- tition in the case arising upon its petition by adding New York Steam Corporation and Consolidated Telegraph and Electrical Subway Company to the parties named therein as employers," and by adding the Edison Brotherhood and its affiliated locals, and International Brotherhood of Electrical Workers, Local Unions Nos. B-826 and B-828 to the parties named therein as labor organizations claiming to represent employees of the Companies directly affected by the in- vestigation. During the hearing, the Trial Examiner also made rul- ings on other motions. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were made. The rulings are affirmed. During the hearing the Trial Examiner admitted into evidence two stipulations, each dated February 14, 1940, and each entered into by and between the Companies, the Amalgamated, the I. B. E. W. and its affiliated locals, the Edison Brotherhood and its affiliated locals, and counsel for the Board, and in each of which the parties agree that the Amalgamated, the I. B. E. W., and the Edison Brother- hood are labor organizations within the meaning of Section 2 (5) of the Act and admit to membership employees of the Companies; that a question has arisen concerning representation of employees of the Companies; that employees of the Companies in the classifications and titles set forth in each stipulation constitute a unit appropriate for the purposes of collective bargaining; and that the Board may make and enter a "Decision and Direction of Election" providing for the holding of an election by secret ballot among employees of the Companies in such unit.° Each stipulation further recites that the Companies, the Amalgamated, the I. B. E. W. and its affiliated 'On January 29, 1940, a written petition and motion to intervene in each case had been filed with the Regional Director on behalf of the Edison Brotherhood and its affiliated locals 8 Thereupon the motions to dismiss the petition for non-joinder of parties became moot. Moreover, since no objection was made to the amendment, the motions, in so far as made on the ground of such non-joinder, are deemed abandoned 9 The motions to dismiss the petition were, in effect, abandoned by the stipulations and in any event, thereupon became moot. 283032-41-vol 21-6 7O- DECISIONS OF NATIONAL LABOR RELATIONS BOARD locals, the Edison Brotherhood and its affiliated locals, and the Regional Director for the National Labor Relations Board for the Second Region, have entered into a "further stipulation and agree- ment [which was not introduced in evidence] as to various matters on which there is agreement among them as to the time and manner of conducting the election if an election is ordered by the Board"; and that the parties have agreed that the "operation of such sepa- rate stipulation and agreement shall be subject to the powers of the Board under the Act and the Rules and Regulations-Series 2, effec- tivvQ•July 14, 1939."10 The Board hereby orders the filing-instanter of said stipulations with respect to the conduct of elections, and their inclusion in the record herein for all purposes. Further reference to the provisions of the stipulations between the parties will be made below. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANIES A. Incorporation and nature of business Consolidated Edison Company of New York, Inc., Brooklyn Edison Company, Inc., and New York and Queens Electric Light and Power Company are New York public utility corporations, hav- ing their principal offices and places of business in New York City. They are engaged in the business of supplying electric energy to con- sumers situated within the Boroughs of Manhattan, The Bronx, and Brooklyn, and a part of the Borough of Queens, within the City of New York. Consolidated Edison Company of New York, Inc., is engaged also in the business (a) of supplying gas to consumers situ- ated in the Borough of Manhattan and The Bronx, and a part of the Borough of Queens, and (b) in selling to manufacturers and jobbers in New York City for comlriercial purposes certain by- products incidental to its manufacture of gas, namely, coke, coke breeze, tar, light oils, and sulphate of ammonia. Besides being an operating utility company, it is also a holding company, owning controlling stock interests, as described below, in the other Com- panies named in the petitions herein. Westchester Lighting Company and The Yonkers Electric Light and Power Company are New York public utility corporations, hav- ing their principal offices and places of business in Yonkers, New 10 Board Rules and Regulations-Series 2, were amended effective January 27, 1940 The reference in these stipulations to the Rules and Regulations is deemed to be a reference to said Rules and Regulations-Series 2, as amended CONSOLIDATED EDISON COMPANY. OF NEW YORK, INC. 71 York. The former company is engaged in the business of supplying electricity and gas to consumers principally situated in Westchester County, New York, except the City of Yonkers; and the latter com- pany is engaged in the business of supplying electricity to consumers situated in the City of Yonkers, Westchester County, New York. New York Steam Corporation, a New York public utility corpora- tion having its principal office and place of business in New York City, is engaged in the business of supplying steam to consumers situated within a part of the Borough of Manhattan. Consolidated Telegraph and Electrical Subway Company, a New York corporation having its principal office and place of business in New York City, is engaged in the business of constructing, equipping, maintaining, and operating, under contracts with the City of New York, underground ducts or conduits for the reception of electrical conductors (other than telegraphic and telephone conductors) in the Boroughs of - Manhattan and The Bronx. Consolidated Edison Company of New York, Inc., and Westchester Lighting Company occupy space in such ducts and pay rent for the space so occupied. B. Unitary and integrated System The Companies are commonly referred to as the Consolidated Edison Company group of companies or the Consolidated Edison Company System. They constitute and are operated as a unitary and integrated system. The Consolidated Edison Company of New York, Inc., owns more than 95 per cent of all the outstanding voting stock of each of the other companies named in the petitions herein. A, majority of the board of directors of each of the companies, other than Consolidated Edison Company of New York, Inc., is made up of trustees or officers of the latter company. Each of the com- panies has an executive and operating officials and employees who are not officials of Consolidated Edison Company of New York, Inc., but who take part, with the trustees and officers of the latter com- pany, in the discussion and determination of the major and general policies of the companies. The major labor policies, among others, of the companies are thus discussed and determined, but are locally administered and applied by and through the board of directors and executive officers of each company, in a manner not inconsistent with the general policies as determined by and for the companies as a whole. The companies of the Consolidated Edison Company System have for many years been under a unified ownership, management, and operation. Thus, the gas operations of the System have for many years been carried on in accordance with the terms of joint facility arrangements ; and the manufacturing plants, holder-stations, pump- 72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing stations, and transfer mains of the various companies have been and are operated as an interconnected system. Similarly, the gen- erating facilities of the electric companies in the System have been operated as a unit for the System electric load and electric energy has been supplied by or to the companies of the System in accordance with arrangements for the interchange of power. New York Steam Corporation has a connection with one of the electric generating sta- tions of Consolidated Edison Company of New York, Inc., from which is made available an additional supply of steam for resale to its customers, and the New York Steam Corporation supplies byproduct electricity to the distributing system of the companies. C. The Companies' operations in interstate commerce The principal raw materials used in the business of the Companies are coal, oil, copper cable, and electrical equipment. During the year 1938, which was a representative year, approximately 90 per cent in value of these raw materials were shipped to New York State from points in other States. All of the coke, coke breeze, tar, light oils, and sulphate of ammonia produced by the Companies are sold and delivered to manufacturers and jobbers in New York City for commercial purposes. All of the gas, electricity, and steam gen- erated, sold, and distributed by the Companies is delivered to private and public consumers in New York City. Among the consumers of electricity, gas, and steam produced by the Companies are Federal Government agencies, including agencies which operate lighthouses ; interstate telegraph companies ; inter- state broadcasting companies; interstate telephone companies; air- fields; stock exchange wire services; railroad carriers whose trains move interstate; passenger and freight terminals in part handling interstate commerce; and companies operating steamship piers used in part in interstate or foreign commerce. The Board in its Decision in a prior case involving the same Com- panies concluded that it had jurisdiction over the operations of the Companies." During the hearing in the instant cases, the Companies stipulated, and we find, that "no essential or material change has taken place in the manner of carrying on the business of the . . . Companies since . . . the time as of which the proofs in that case were taken." During the hearing in the instant cases the Companies fur- ther stipulated that for the purposes of these proceedings they do UMatter,of Consolidated Edison Company of New York, Inc, et at and United Electri- cal and .Radto Workers of America, affiliated with the Committee for Industrial Organiza- tion, 4 N L. R. B. 71, enforced as modified Consolidated Edison Coin,pany of'New York, Inc, et al v National Labor Relations Board, et al, 9.5 F (2d) 390 (C C A 2) 305 U. S 197. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 73 not contest that their operations are subject to the jurisdiction of the Board. H. THE ORGANIZATIONS INVOLVED Amalgamated Utility Workers affiliated with Utility Workers Or- ganizing Committee is a labor organization affiliated with the Con- gress of Industrial Organizations, and admitting to membership employees of the Companies. International Brotherhood of Electrical Workers is a labor organi- zation affiliated with the American Federation of Labor. Its Local Unions Nos. B-825, B-826, B-828, B-829, B-830, B-832, and B-839 admit to membership employees of the Companies. Brotherhood of Consolidated Edison Employees is an unaffiliated labor organization. Its Local Unions Nos. 1, 2, 3, 4, 5, 6, and 7 admit to membership employees of the Companies. III. THE QUESTION CONCERNING REPRESENTATION The parties have agreed in the stipulations dated February 14, 1940, and referred to above, that a controversy exists among the Amalgamated, the I. B. E. W., and the Edison Brotherhood concern- ing the representation of employees of the Companies, and that the Companies have refused to bargain with the Amalgamated. The parties have there further stipulated, and we find, that by virtue of the foregoing ,a question has arisen concerning representation of em- ployees of the Companies.12 IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Companies described in Section I above, has a close, intimate, and substantial relation to trade, traffic, commerce, transportation, and communication among the several States and with foreign countries, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS We find, in accordance with the stipulation of the parties, dated February 14, 1940, and above referred to, that all employees of the Companies in the pay-roll classifications and titles which appear in 12 See Matter of The Barre Wool Combing Company, Lromited and Federal Labor Unson No. 21928, Textrole Workers, affiliated with the American Federattion of Labor, 19 N. L It. B. 1008 74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Appendix I annexed hereto and made a part hereof, but expressly excluding all employees of the Companies in the pay -roll classifica- tions and titles which- appear in Appendix I-X annexed hereto and made a part hereof, constitute a unit appropriate for the purposes of collective bargaining. We also find that said unit will insure to employees of the Companies the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. We further find, in accordance with the stipulation of the parties dated February 14, 1940, and above referred to, that all employees of the Companies in the pay-roll classifications and titles which ap- pear in Appendix II annexed hereto and made a part hereof, but expressly excluding all employees of the Companies in the pay- roll classifications and titles which appear in Appendix II-X an- nexed hereto and made a part hereof , also constitute a unit appro- priate for the purposes of collective bargaining. We find further that said unit will insure to employees of the Companies the full bene- fit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Amalgamated , the I. B. E. W., and the Edison Brotherhood each claim to represent a substantial number of employees of the Companies in the units which we have found to be appropriate but none submitted proof of membership at the hearing . We find that the question which has arisen concerning representation of employees of the Companies can best be resolved by the holding of separate elections by secret ballot among the employees in each of the units which we have found to be appropriate. The parties have agreed in the stipulations dated February 14, 1940 that, in the event that the Board should direct elections , eligi- bility to vote in the elections should be limited to all employees of the Companies in each of the appropriate units whose names appear on the pay roll of the Companies for the week commencing October 16, 1939. We construe the stipulations to include as eligible to vote those employees who did not work during such pay-roll period be- cause they were ill or on vacation , or who have since been temporarily laid off ; and to exclude those employees who have since quit or been discharged for cause . As thus construed, we see no reason to depart from the wishes of the parties in this regard , and we shall direct accordingly. The parties have further stipulated and, in accordance with said stipulations , we shall direct, that the elections shall be held not less than fifty (50) days from and after February 13, 1940. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 75 Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Consolidated Edison Company of New York, Inc., Brooklyn Edison Company, Inc., New York and Queens Electric Light and Power Company, Westchester Lighting Company, The Yonkers Electric Light and Power Company, New York Steam Corporation, and Consolidated Telegraph and Electrical Subway Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Companies in the pay-roll classifications and titles which appear in Appendix I, but expressly excluding all employees of the Companies in the pay-roll classifications and titles which appear in Appendix I-X, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. All employees of the Companies in the pay-roll classifications and titles which appear in Appendix II, but expressly excluding all employees of the Companies in the pay-roll classifications and titles which appear in Appendix II-X, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTIONS 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Consolidated Edison Company of New York, Inc., Brooklyn Edison Company, Inc., New York and Queens Electric Light and Power Company, Westchester Lighting Company, The Yonkers Elec- tric Light and Power Company, New York Steam Corporation, and Consolidated Telegraph and Electrical Subway Company, separate elections by secret ballot shall be conducted not less than fifty (50) days from and after February 13, 1940, 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, Section 9, of said Rules and Regulations, among the employees of the Companies who fall within each of the groups 76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD described below, to determine whether they desire to be represented for the purposes of collective bargaining by Amalgamated Utility Workers affiliated with Utility Workers Organizing Committee, affiliated with the Congress of Industrial Organizations; Interna- tional Brotherhood of Electrical Workers, affiliated with the Amer- ican Federation of Labor; Brotherhood of Consolidated Edison Employees ; or by none : 1. All employees of the Companies in the pay-roll classifications and titles which appear in Appendix I, whose names appear on the pay roll of the Companies for the week commencing October 16, 1939, including employees within such classifications and titles who did not work during such pay-roll period because they were ill or on vacation and who were then or have since been temporarily laid off, but ex- pressly excluding all employees of the Companies in the pay-roll classifications and titles which appear in Appendix I-X, and em- ployees who have since quit or been discharged for cause. 2. All employees of the Companies in the pay-roll classifications and titles which appear in Appendix II, whose names appear on the pay roll of the Companies for the week commencing October 16, 1939, including employees within such classifications and titles who did not work during such pay-roll period because they were ill or on vacation and who were then or have since been temporarily laid off, but expressly excluding all employees of the Companies in the pay- roll classifications and titles which appear in Appendix II-X, and employees who have since quit or been discharged for cause. SCHEDULE I CLASSIFICATIONS AND TITLES OF EMPLOYEES INCLUDED IN UNIT I A. C. Operator, A. C. Operator 2 Or, A. C. Substation Operator, Adjuster, Air Compressor Operator 1 Gr, Appliance Mtce. Man 1 Gr, Appliance Mtce. Man 2 Or, Appliance Repairer, 1 Or, Appliance Re- pairer 2 Gr, Appliance Stockman 1 Or, Appliance Stockman 2 Or, Ar- mature Winder 1 Or, Armature Winder 2 Or, Armature Winder 3 Gr, Ash Handler, Ash Handler 1 Or, Ash Handler 2 Gr, Ash Handler 3 Or, Assembler, Asst. A. C. Operator 1 Or, Asst. A. C. Operator 2 Gr, Asst. A. C. Operator 3 Gr, Asst. Distribution Operator, Asst. Foreman 2 Or, Asst. Foreman Repairman General, Asst. Furnace Operator, Asst. Handling Foreman, Asst. Heat Balance Operator, Asst. Iron- worker Foreman, Asst. Machinist Foreman, Asst. Millwright Fore- man, Asst. Operator, Asst. Painter, Asst. Pressure Operator, Asst. Platform Foreman, Asst. Stoker Operator, Asst. Stockman, Attend- ant, Automatics Repairman 1 Or, Automatics Repairman 3 Or, Auto- matics Repairman Helper, Automatics Repairman High Grade, Auto CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 77 Electrician, Auto Inspector, Auto Mechanic, Auto Mechanic 1 Gr, Auto Mechanic 2 Gr, Auto Mechanic 3 Gr, Auto Operator 1 Gr, Auto Operator 2 Gr, Auto Operator 3 Gr, Auto Painter, Auto Washer, Badger, Battery Operator 1 Gr, Battery Operator 2 Gr, Battery Operator 3 Gr, Battery Operator High Grade, Batteryman, Bill Deliverer, Bill Investigator, Blacksmith, Blacksmith 1 Gr, Black- smith 2 Or, Blacksmith 3 Gr, Blacksmith High Grade, Blacksmith's Helper, Blacksmith's Helper 1 Gr, Blaster, Boiler Attendant, Boiler Cleaner, Boiler Cleaner 2 Gr, Boiler Fireman, Boiler Fireman 1 Gr, Boiler Fireman 2 Gr, Boiler Mechanic, Boiler Operator 1 Gr, Boiler Operator 2 Gr, Boiler Repairman 1 Gr, Boiler Repairman 2 Or, Boiler Repairman 3 Gr, Building Attendant, Building Mechanic, By-Product Operator High Grade, By-Product Operator 1 Gr, By- Product Operator 2 Gr, By-Product Operator 3 Gr, By-Product Operator's Helper, Cable Inspector 1 Gr, Cable Inspector 2 Gr, Cable Rigger 1 Gr, Cableman, Carbon Cleaner, Carpenter, Carpen- ter High Grade, Carpenter 1 Gr, Carpenter 2 Gr, Carpenter's Helper, Carpenter's Helper 1 Gr, Chauffeur, Chauffeur 1 Or, Chauffeur 2 Or, Chauffeur "A", Chauffeur "A-U", Chauffeur "B", Chauffeur "B" (Operating Dept), Chauffeur "C", Chauffeur "E" Drillman, Checker (only 4 in Customers Service and Gas Maintenance Construction), Checker & Adjuster, Cleaner, Clock Maker, Closer In, Coal Handler, Coal Handler 1 Gr, Coal Handler 2 Gr, Coal Handler 3 Gr, Coal Hoister, Coal Inspector, Coal Tower Operator 1 Or, Coal Tower Operator 2 Gr, Coal Up Man, Collector, except Law Dept., Con- denser Cleaner, Conveyerman 2 Or, Conveyerman 3 Or, Crane Oper- ator, Crane Operator High Grade, Crane Operator 1 Or, Crane- man 1 Gr, Craneman 2 Gr, D C Operator, Delinquent Accounts Collector, Deliveryman 1 Gr, Deliveryman 2 Or, Diaphragm In- staller, Diaphragm Remover, Diaphragm Tester, Diaphragm Tyer, Diaphragm Worker, Disconnect Man, Distribution Station Asst. Op- erator, Distribution Station Operator, Distributor, District Drafts- man, District Operator, Doorman, Drillman 1 Or, Drillman 2 Or, Drill Runner, Dripman 1 Or, Dripman 2 Or, Dynamoman, Electric Welder 1 Or, Electric Welder 2 Or, Electrical Mechanic 1 Or, Elec- trical Mechanic 2 Gr, Electrical Mechanic 3 Or, Electrical Mechanic's Helper, Electrician 1 Or, Electrician 2 Or, Electrician 3 Or, Elec- trician-High Grade, Electrician's Helper 1 Or, Elevator Mechanic 1 Or, Elevator Mechanic 2 Or, Elevator Mechanic 3 Or, Elevator Operator, Emergency Car Workman, Emergency Dispatcher 1 Or, Emergency Dispatcher 2 Or, Emergency Foreman, End Cell Switch- man, Engine Man, Engineer-in gas production only, except Astoria and Hunts Point Boiler House, Exhausterman 1 Or, Exhauster- man-High Grade, Exhausterman Producer Gas, Experienced 78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Troubleman, Feed Pump Man, Field Operator 1 Gr, Field Operator 2 Gr, Field Operator 3 Gr, Fire Cleaner, Fireman, Fireman 2 Gr, Fitter, Fitter 1 Gr, Fitter 2 Gr, Fitter 3 Gr, Fitter-up, Fitter's Helper, Fitter's Helper 1 Gr, Floorman, Furnace Operator, Gallery- man, Garage Attendant, Garage Helper, Garage Mechanic, Garage Mechanic 2 Gr, Gardner, Gas Maker-Auto, Gas Maker 1 Or, Gas Maker 3 Gr, Gas Man, Gas Welder 1 Gr, Gas Welder 2 Gr, Gasser, Gate Attendant, General Mechanic, General Mechanic 1 Gr, General Mechanic 2 Gr, General Mechanic 3 Gr, General Tester, General Tester 1 Gr, General Tester 2 Gr, General Tester 3 Gr, Governor & Valveman 1 Gr, Governor & Valveman 2 Gr, Grade C Foreman, Grade D Fore- man, Grate & Blowerman, Head Automatic Repairman, Head Auto- mobile Operator, Head Blacksmith, Head By-Products Operator, Head Carpenter, Head Electrician, Head Engineer, Head Gas Maker, Head Hoister, Head Iron Worker, Head Machinist, Head Mason, Head Millwright, Head Patcher, Head Pipe Fitter, Head Purifier Man, Head Repairman General, Head Repairman, Head Rigger, Head Scrubber Man, Head Tinsmith, Head Welder, Heat Balance Op- erator, Heater, Helper, Helper 2 Or, Hoister-High Grade, Hoister 2 Or, Holder Inspector, Holder Oiler, Holderman, Index Repairer, Industrial Fitter, Inspecting Engineer-1 Or, Inspecting Engineer- 2 Or, Inspector-Customer Service only, Inspector 1 Gr-In only (1) outside Plant Construction (2) Controller's Dept., Inspector 2 Gr-In only (1) outside Plant Construction (2) Controller's Dept., Inspector 3 Gr-In only (1) outside Plant Construction (2) Controller's Dept., Installer 1 Or, Installer 2 Or, Instrument Man 1 Gr, Instrument Man 2 Or, Instrument Repairman 1 Or, In- strument Repairman 2 Or, Ironworker 1 Or, Ironworker 2 Or, Iron- worker 3 Or, Ironworker-High Grade, Ironworker's Helper 1 Or, Janitor, Janitress, Junior Fitter, Junior Fitter 2 Or., Junior Opera- tor-D. C. Substation, Junior Serviceman, Junior Test Engineer, Junior Tester, Laboratory Mechanic Grade 1, Laboratory Mechanic Grade 2, Laborer, Laborer 1st Or, Laborer 2nd Or, Laborer 3rd Or, Large Meter Repairer, Leading Rigger, Lead Burner, Leading Painter, Leading Carpenter, Leading Electric Welder, Light Maintenance Man, Lineman 1st Gr, Lineman 2nd Or, Lineman 3rd Or, Lineman Troubleman, Lineman's Helper, Lineman's Helper 1st Or, Lineman's Helper 2nd Or, Lineman's Helper 3rd Or, Locksmith 1st Or, Locksmith 2nd Gr, Locomotive Tender, Locomotive Operator High Grade, Loco- motive Operator 2nd Or, Lorry Operator, Machine Operator, Helper, Machinist High Grade, Machinist, Machinist 1 Gr, Machinist 2 Or, Machinist 3 Or, Machinist Helper, Machinist Helper 1 Or, Machinist Helper 2 Or, Magazine Keeper, Magazine Keeper & Toolman, Mainte- nance Man, Maintenance Man 1 Or, Maintenance Man 3 Or, Mainte- nance Man 4 Or, Maintenance Man Helper 1 Or, Maintenance Man CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 79 Helper 2 Gr, Maintenance Man Signal Equipment, Manhole Atmos- phere Inspector, Mason, Mason 1 Or, Mason 2 Or, Mason's Helper, Ma- son's Helper 1 Gr, Mechanic, Mechanic 1 Gr, Mechanic 2 Gr, Mechanic 3 Gr, Mechanic's Helper, Mechanical Inspector, Meter Cleaner, Meter- man, Meter Reader, Meter Reading Inspector, Meter Tester 1 Gr, Meter Tester 2 Gr, Meter Tester 3 Gr, Mill Attendant 1 Gr, Mill House Attendant, Mill House Attendant 1 Or, Mill Tender, Mill- wright High Grade, Millwright 1 Or, Millwright 2 Gr, Millwright 3 Or, Miscellaneous Ash Operator, Miscellaneous Coal Operator, Motor Mechanic, Night Elevator Operator, Oil Handler, Oiler, Oiler 1 Or, Oiler 2 Or, Opener, Operating Mechanic 1 Or, Operating Mechanic 2 Or, Operating Mechanic 3 Or, Operating Laborer, Op- erator, Operator Automobile 2 Gr, Operator Automobile 3 Or, Op- erdtor D C Substation, Operator Substation, Oxygen lAcetylene Welder 1 Or, Packing Remover, Painter, Painter 1 Gr, Painter 2 Or, Painter 3 Or, Painter's Helper, Patcher, Patrolman Subway, Pattern Maker 1 Or, Pipe Coverer 1 Or, Pipe Coverer 3 Or, Pipefitter 1 Gr, Pipefitter 2 Or, Pipefitter 3 Or, Pipefitter's Helper, Pipefitter's Helper 1 Or, Pipefitter's Helper 2 Or, Pipefitter's Helper 3 Gr, Pipe- man 1 Or, Pipeman 2 Or, Pipeman 3 Or, Pole Inspector, Portable Crane Man 1 Or, Porter, Powder Carrier, Pressure Inspector, Pres- sure Operator, Producer Ashman, Producer Charger, Producer Oiler, Producer Operator, Pump Attendant, Pump Room Engineer, Pump- ing Station Operator, Pumping Station Assistant, Pumping Sta- tion Assistant 1 Or, Pumping Station Assistant 2 Or, Pumpman, Purifier Man, Radio Inspector, Relief A C Operator, Relief Con- denser Cleaner, Relief Engineer, Relief Operator, Relief Turbine Room Engineer, Relief Water Tender 1 Or, Repairman, Repairman 2 Or, Repairman General 1 Or, Repairman General 2 Or, Repairman General 3 Or, Repairman General High Grade, Repairman General Helper 1 Gr, Reversalman, Rigger, Rigger 1 Or, Rigger 2 Or, Rigger 3 Or, Rodman 1 Or, Rodman 2 Or, Roof Inspector, Roofer 2 Gr, Scow Captain, Screen Cleaner, Screw Leveler, Scrubber Man, Separator Man, Serviceman 1 Or A, Serviceman 1 Or B, Serviceman 1 Or, Serviceman 2 Or, Serviceman 3 Or, Serviceman 4 Or, Sheet Ironworker 1 Or, Sheet Metal Worker 1 Or, Sheet Metal Worker 2 Or, Sheet Metal Worker 3 Or, Shift Governor & Valveman, Sidewalk Repairman 1 Or, Sidewalk Repairman 2 Or, Sign Painter 1 Or, Sign Painter 2 Or, Skilled Millwright, Skilled Laborer 1 Gr, Skilled Laborer 2 Or, Skilled Laborer 3 Or, Skilled Operating Laborer, Skilled Workman 1 Or, Skilled Workman 2 Or, Skilled Workman 3 Or, Smoke Ob- server, Splicer 1 Or, Splicer 2 Or, Splicer 3 Or, Splicer 4 Or, Splicer Troubleman Helper, Splicer Troubleman, Splicer's Helper, Splicer's Helper 1 Or, Splicer's Helper 2 Or, Station Helper, Station Mechanic 80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1 Or, Station Mechanic 2 Gr, Station Mechanic 3 Gr, Stock Handler, Stock Handler 1 Gr, Stock Supervisor, Stockman, Stockman 1 Or, Stockman 2 Gr, Stoker Operator, Subway Inspector 1 Gr, Subway Inspector 2 Gr, Subway Mechanic, Switchboard Operator, System Operator, Tar Process Man, Tester, Tester 1 Gr, Tester 2 Gr, Tester 3 Or, Tester Helper, Tinner, Tinsmith 1 Gr, Toolkeeper, Topper, Toolman, Transfer Car Operator, Tree Trimmer 4 Gr, Trench Ma- chine Operator, Trench Machine Operator 1 Gr, Trench Machine Operator 2 Or, Trimmer, Trimmer 1 Gr, Trimmer 2 Gr, Trimmer 3 Gr, Trimmer Inspector, Truck Chauffeur (Storeroom), Truck Chauffeur, Truck Chauffeur 2 Or, Truck Helper 1 Gr, Truck Helper 2 Or, Tunnelman, Turbine Operator, Utility Man, Valveman, Waiter, Warehouse District Inspector 1 Or, Warehouse District Inspector 3 Gr, Washer, Water Tender 1 Gr, Water Tender 2 Or, Water Tender 3 Or, Weight Master, Welder 1 Or, Welder 2 Gr, Welder High Grade, Welder Asst. Foreman, Wholesale Accounts Collector, Window Cleaner, Wiper, Wood Turner 1 Or, Working Foreman, Workman 1 Or, Workman 2 Or, Workman 3 Or, Works Dripman, Yard At- tendant, Yard Man. SCHEDULE I-X CLASSIFICATIONS AND TITLES OF EMPLOYEES EXCLUDED FROM UNIT I Accounting Assistant, Accounting Assistant 1 Or, Accounting Assistant 2 Or, Accounting Machine Operator, Addressograph Ma- chine Operator, Adjuster 1 Or, Adjuster-in-Charge, Air Compressor Oper. Asst. Foreman, Air Compressor Oper. Foreman, Agent, Air Conditioning Engineer, Analyst 1 Gr, Analyst 2 Gr, Analyst 3 Or, Artist, Ash Handler Foreman, Asst. Appl. Repair Shop Foreman, Asst. Auto Operator Foreman, Asst. Boiler Room Engineer, Asst. Building Superintendent, Asst. Building Supervisor, Asst. By-Prod- ucts Foreman, Asst. By-Products Shift Foreman, Asst. Cashier, Asst. Chemist, Asst. Chief, Asst. Chief Clerk, Asst. Clerk-in-Charge, Asst. Chief Draftsman, Asst. Chief Operator (Tele), Asst. Chief Time- keeper, Asst. Coal Handler Foreman, Asst. Coml. Cashier, Asst. Dis- trict Coml. Rel. Mgr., Asst. District Office Cashier, Asst. District Sales Manager, Asst. District Superintendent, Asst. Division Engi- neer, Asst. Electrical Foreman, Asst. Electrician Foreman, Asst. Ele- vator Supervisor, Asst. Engineer, Asst. Engineer of Sub-Sta. Design, Asst. Foreman, Asst. Foreman 1 Gr, Asst. Foreman Collector, Asst. Foreman-Governor & Valveman, Asst. Foreman Display Distribu- tion, Asst. Garage Foreman, Asst. General Foreman, Asst. General Labor Foreman, Asst. General Storekeeper, Asst. General 'Office Cashier, Asst. Head Heater, Asst. in Display Studio, Asst. Laboratory Supervisor, Asst. Labor Foreman, Asst. Librarian, Asst. Lecturer, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 81 Asst. Maintenance Foreman, Asst. Manager, Asst. Manager Informa- tion, Asst. Millhouse Foreman, Asst. Night Supervisor, Asst. Night Supervisor-Division, Asst. Paymaster, Asst. to Personnel Manager, Asst. Personnel Representatives, Asst. Photostat Oper. in Charge, Asst. Pipefitter Foreman, Asst. Placer, Asst. Plant Shift Foreman, Asst. Pressure Oper. Foreman, Asst. Producer Shift Foreman, Asst. Rate Analyst 1 Gr, Asst. Rate Analyst 2 Gr, Asst. Rate Analyst 3 Gr, Asst. Safety Director, Asst. Secretary, Asst. Secy-Mutual Aid, Asst. Secretary to Vice-President, Asst. Service Foreman, Asst. Station Mechanic Foreman, Asst. Storekeeper, Asst. Stenographer in Charge, Asst. Superintendent, Asst. Supervisor, Asst. Superintendent of Operations, Asst. Supervisor Floor, Asst. Supervisor Meter Reading, Asst. Supervisor Mailing Division, Asst. Supervisor Division, Asst. Supervisor of Production, Asst. Supervisor Unit, Asst. Tabulator Operator, Asst. Telephone Supervisor, Asst. to Attorney, Asst. to Chef, Asst. to Corresponding Secretary, Asst. to District Comm'l Rel Mgr, Asst. to Secretary, Asst. Transfer Clerk, Asst. Transmission Foreman, Asst. Typist-in-charge, Attorney, Auto Dispatcher, Auto Operator Foreman, Battery Foreman, Battery Shift Foreman, Blue Print Oper- ator 1 Gr, Blue Print Operator 2 Gr, Blue Print Operator 3 Gr, Blue Print Operator-in-Charge, Blue Printer, Boiler Operating Foreman, Boiler Room Engineer, Bookkeeper 1 Gr, Bookkeeper 2 Gr, Book- keeper 3 Gr, Bookkeeper A, Bookkeeper B, Bookkeeper's Clerk, Build- ing Supervisor, Bus Boy, Business Representative 1 Gr, Business Representative 2 Gr, Business Representative 3 Gr, Buyer, Buyer's Asst., By-Product Foreman, By-Product Shift Foreman, Cadet Engineer, Carpenter Foreman, Cashier, Cashier's Assistant, Chef, Chemist, Chemist 1 Gr, Chemist 2 Gr, Chemist 3 Gr, Chemist 4 Gr, Chemist-in-Charge, Chief, Chief Addressograph Operator, Chief Clerk, Chief Dispatcher, Chief Operating Engineer, Chief Photographer, Chief Stock Handler, Chief Stock- man, Chief Tabulating Operator, Chief Timekeeper, City Agent, Clerk, Clerk 1 Gr, Clerk 2 Gr, Clerk 3 Gr, Clerk-in-Charge, Coal Handler Foreman, Collection Clerk, Collector (only Law Dept), Commercial Engineer, Commercial Inspector 1 Gr, Commercial In- spector 2 Gr, Company Representative, Corridor Man, Counter Girl, Counter Man, Credit Man, Credit Representative, Customer's Repre- sentative, Customer's Representative-in-Charge, Dealer Contact Rep- resentative, Decorator, Delinquent Accounts Clerk, Demonstrator, Demonstrator 1 Gr, Demonstrator 2 Gr, Dental Hygienist, Depart- mental Assistant, Design Engineer, Disbursement Teller, Dispatcher, Display Assistant, Display Artist, Display Setter, Distribution Drafts- man, Distribution Draftsman 1 Gr, Distribution Draftsman 2 Gr, Distribution Draftsman 3 Gr, Distribution Foreman, Distribution Station Foreman, District Com'l Rel Manager, District Office Cashier, 82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD District Foreman, District Salesman, District Supervisor, District Superintendent, Division Engineer, Domestic Science Director, Draftsman 1 Or, Draftsman 2 Gr, Draftsman 3 Or, Drip Foreman, Driver Inspector, Electrical Mechanic Foreman, Electrical Watch Foreman, Elevator Starter, Engineering Assistant, Engineering As- sistant 1 Gr, Engineering Assistant 2 Or, Engineer's Assistant, Engi- neering Inspector, Estimator, Estimator 1 Gr, Estimator 2 Gr, Exhibit Guide, Exhibit Receptionist, Field Clerk, Field Record Clerk, Field Record Clerk 1 Or, Field Record Clerk 2 Gr, Field Record Clerk 3 Gr, Field Representative, Field Supervisor, File Clerk, Final Bill Collector Clerk, Fire Cleaner Foreman, First .Asst. Engineer, Floor Salesman, Floor Saleswoman, Foreman, Foreman 1 Or, Foreman 2 Gr, Foreman Appliance Repair Shop, Foreman Ash Handler, Foreman Attendant, Foreman Boiler Cleaner, Foreman Coal Handler, Foreman Condenser Cleaner, Foreman of Display Distribution, Foreman of Display Production, Foreman Engineer, Foreman-Governor & Valveman, Foreman Janitor, Foreman Ma- chinist, Foreman Collector, Foreman Master Mechanic, Foreman Meter Reader, Foreman Painter, Foreman Repairman General, Fore- man-Substation Construction, Forewoman Cleaner, Gang Foreman, Garage Foreman, Gas Heat Assistant, Gen'l Carpenter & Millwright Foreman, General Clerk, General Foreman, General Labor Foreman, General Pipefitter Foreman, General Supervisor Telephone Service, Generator House Shift Foreman, Grade A Foreman, Grade B Fore- man, Guard, Guard-in-Charge, Guide, Hallman, Handling Foreman, Head Chef, Head Cleaner, Head Heater, Head Key Punch Operator, Head Typist, Head Verifier Operator, Home Service Director, Hostess, House Heating Representative, House Heating Salesman, House Heating Survey Man, Information Clerk, Inside Man, Inspec- tor-High Grade, Inspector in Charge, Instructor, Inventory Assistant 1st Gr, Inventory Assistant 2nd Or, Inventory Assistant 3rd Or, Investigating Inspector, Investigating Voucher Clerk, Investigator, Investigator 1st Or, Investigator 2nd Or, Investigator 3rd Or, Iron- worker-Foreman, Job & Wage Analyst, Junior Accountant, Junior Clerk, Junior Engineer, Junior Engineer 1st Or, Junior Engineer 2nd Or, Key Punch Operator, Kitchen Man, Labor Foreman, Labor- atory Assistant 1st Or, Laboratory Assistant 2nd Or, Laboratory Assistant 3rd Or, Law Clerk, Leading District Draftsman, Lecturer, Letterer, Lighting Representative, Lighting Specialist, Lineman Foreman, Machine Bill Clerk, Machine Billing Clerk, Machine Bill- ing Clerk 3rd Or, Machine Lister, Machine Operator 'in Charge, Machine Operator 1st Or, Machine Operator 2nd Or, Machine Shop Foreman, Maid, Maintenance Foreman, Mason Foreman, Masseuse, Matron, Mechanic Foreman, Messenger, Messenger Dispatcher, Mes- senger-in-Charge, Millbouse Foreman, Millwright Foreman, Night CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 83 Hallman, Night Supervisor, Night Telephone Operator,. Night Tele- phone Operator (35 H1), Nurse, Office Assistant, Office Assistant 1 Gr, Office Assistant 2 Gr, Office Boy, Office Representative, Operat- ing Foreman, Outside Attendant, Painter Assistant Foreman, Painter Foreman, Passenger Car Chauffeur, Paying Teller, Paymaster's As- sistant, Paymaster's Assistant 1 Gr, Paymaster's Assistant 2 Gr, Paymaster's Assistant 3 Gr, Payroll Clerk, 3rd Gr, Personal Service Clerk, Pharmacist, Pharmacist's Helper, Photographer, Photographer 1 Gr, Photographer 2 Gr, Photostat Operator, Photostat Operator 1 Gr, Photostat Operator 2 Gr, Photostat Operator-in-Charge, Pipe- fitter Foreman, Plant Foreman, Plant Shift Foreman, Platform Foreman Night, Platform Foreman Day, Porter-Watchman, Pres- sure Operator Foreman, Producer Shift Foreman, Production Fore- man, Production Shift Foreman, Proof Clerk, Purification Shift Foreman, Recapitulation Clerk, Receiving Clerk 1 Gr, Reception Clerk, Receptionist, Receipts Clerk, Relief Boiler Room Engineer, Relief Foreman, Relief Operating Foreman, Representative, Repre- sentative Architects & Bldg. Div., Representative Home Service, Resuscitation Instructor, Restaurant Supervisor, Research Assistant, Research Associate, Review Clerk, Rigger Foreman, Rodding Fore- man, Roundsman, Sales Cadet, Sales Engineer, Sales Representative, Sales Technical Representative 1 Gr, Sales Technical Representative 2 Gr, Sales Technical Representative 3 Gr, Safety Inspector, Safety Lecturer, Secretary, Secretary to Executive Assistant, Secretary to Assistant Secretary, Secretary to President, Secretary to Secretary, Secretary to Treasurer, Secretary to Vice-President, Senior Clerk, Senior Electrical Watch Foreman, Senior Nurse, Senior Payroll Clerk, Service Clerk, Service Engineer, Service Foreman, Shift Engineer 1 Gr, Shift Engineer 2 Gr, Shift Handling Foreman, Show Room Supervisor, Special Attendant, Special Business Representa- tive 1 Gr, Special Business Representative 2 Gr, Special Business Representative 3 Gr, Special Inspector, Special Investigator, Special Representative, Squad Leader, Staff Assistant, Starter, Station Me- chanic Foreman, Stenographer, Stenographer 1 Gr, Stenographer 2 Gr, Stenographer 3 Gr, Stenographer Grade B, Stenographer Clerk, Stenographer-in-Charge, Stock Ledger Clerk, Storekeeper, Storekeeper 1 Gr, Storekeeper 2 Gr, Storeroom Clerk 1 Gr, Studio Assistant, Subway Draftsman 1 Gr, Subway Draftsman 2 Gr, Sub- way Foreman, Superintendent, Superintendent's Assistant, Super- visor, Supervisor-Division, Supervisor-Meter Reading, Supervisor Key Punch & Verify, Supervisor of Displays, Supervisor Unit, Supervisor Telephone, Surveyor, Tabulator Operator, Telephone Op- erator-in-Charge, Telephone Operator-40 Hrs., Telephone Opera- tor-35 Hrs., Telephone Operator-38 Hrs., Telephone Service Clerk, Telephone Service Clerk Supervisor, Telephone Service Observer, H4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Telephone Supervisor-40 Hrs., Telephone Supervisor, 35 Hrs., Teller, Teller Clerk, Teletype Operator, Timekeeper, Tracer (Dist. Main Record) 1 Or, Transmission Foreman, Truck Dispatcher, Tur- bine Room Engineer, Typist, Typist 1st Or, Typist 2nd Or, Typist- in-Charge, Visitor, Watch Engineer, Watch Foreman, Watchman, Welder Foreman, Wholesale Bookkeeper, Wholesale Business Rep- resentative, Wholesale Bus. Representative in Chg., Wholesale Busi- ness Representative 1 Gr, Wholesale Business Representative 2 Gr, Wholesale Business Representative 3 Or, Yard Foreman. SCHEDULE II CLASSIFICATIONS AND TITLES OF EMPLOYEES INCLUDED IN UNIT II Accounting Assistant, Accounting Assistant 1 Gr., Accounting Assistant 2 Gr., Accounting Machine Operator, Addressograph Ma- chine Operator, Adjuster 1 Gr., Air Conditioning Engineer, Analyst 1 Gr., Analyst 2 Or., Analyst 3 Gr., Artist, Asst. Cashier, Asst. Chemist, Asst. Coml. Cashier, Asst. District Office Cashier, Asst. En- gineer, Asst. Engineer of Sub-Sta. Design, Asst. General Office Cashier, Asst. in Display Studio, Asst. Librarian, Asst. Lecturer, Asst. Paymaster, Asst. Placer, Asst. Rate Analyst 1 Gr., Asst. Rate Analyst 2 Gr., Asst. Rate Analyst 3 Or., Asst. Secretary, Asst. Tabu- lator Operator, Asst. to Chef, Asst. Transfer Clerk, Auto Dispatcher, Blue Print Operator 1 Gr., Blue Print Operator 2 Or., Blue Print Operator 3 Gr., Blue Printer, Bookkeeper 1 Or., Bookkeeper 2 Or., Bookkeeper 3 Or., Bookkeeper A, Bookkeeper B, Bookkeeper's Clerk, Bus Boy, Business Representative 1 Or., Business Representative 2 Or., Business Representative 3 Gr., Buyer, Buyer's Assistant, Cadet Engineer, Cashier, Cashier Assistant, Chef, Checker (other than customer service and Gas Maintenance Construction), Chemist, Chem- ist 1 Or., Chemist 2 Gr., Chemist 3 Or., Chemist 4 Or., City Agent, Clerk, Clerk 1 Or., Clerk 2 Or., Clerk 3 Or., Collection Clerk, Com- mercial Engineer, Commercial Inspector 1 Or., Commercial Inspector 2 Or., Company Representative, Corridor Man, Counter Girl, Counter Man, Credit Man, Credit Representative, Customer's Representative, Dealer Contact Representative, Decorator, Delinquent Accounts Clerk, Demonstrator, Demonstrator 1 Or., Demonstrator 2 Or., Dental Hygienist, Design Engineer, Disbursement Teller, Dispatcher, Dis- play Assistant, Display Artist, Display Setter, Distribution Drafts- man, Distribution Draftsman 1 Or., Distribution Draftsman 2 Or., Distribution Draftsman 3 Or., District Office Cashier, District Sales- man, Draftsman 1 Or., Draftsman 2 Or., Draftsman 3 Or., Engineer- ing Assistant, Engineering Asst. 1 Or., Engineering Asst. 2 Or., Engineering Inspector, Engineer's Assistant, Estimator, Estimator CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 85 1 Gr., Estimator 2 Gr., Exhibit Guide, Exhibit Receptionist, Field Clerk, Field Record Clerk, Field Record Clerk 1 Gr., Field Record Clerk 2 Gr., Field Record Clerk 3 Gr., Field Representa- tive, File Clerk, Final Bill Collector Clerk, Floor Sales- man, Floor Saleswoman, Gas Heat Assistant, General Clerk, Guide, Hallman, Head Chef, Hostess, House Heating Repre- sentative, House Heating Salesman, House Heating Survey Man, In- formation Clerk, Inside Man, Inspector-High Grade, Inspector- 1st Gr. (other than Outside Plant Construction and Controllers), Inspector-2nd Gr. (other than Outside Plant Construction and Con- trollers), Inspector-3rd Gr. (other than Outside Plant Construction and Controllers), Inventory Assistant 1 Gr., Inventory Assistant 2 Gr., Inventory Assistant 3 Gr., Investigating Voucher Clerk, Junior Accountant, Junior Clerk, Junior Engineer, Junior Engineer 1 Gr., Junior Engineer 2 Gr., Junior Laboratory Assistant 3 Gr., Key Punch Operator, Kitchen Man, Laboratory Asst. 1 Gr., Laboratory Asst. 2 Gr., Laboratory Asst. 3 Gr., Law Clerk, Lecturer, Letterer, Lighting Representative, Lighting Specialist, Machine Bill Clerk, Machine Billing Clerk, Machine Billing Clerk 3 Gr., Machine Lister, Machine Operator 1 Gr., Machine Operator 2 Gr., Maid, Masseuse, Matron, Messenger, Messenger Dispatcher, Night Hallman, Night Elevator Operator, Night Telephone Operator, Night Telephone Operator (35 hrs.), Nurse, Office Assistant, Office Assistant 1 Gr., Office Assistant 2 Gr., Office Boy, Office Representative, Outside Attendant, Paying Teller, Paymaster's Assistant, Paymaster's Asst. 1 Gr., Paymaster's Asst. 2 Gr., Paymaster's Asst. 3 Gr., Payroll Clerk 3 Gr., Personal Service Clerk, Pharmacist, Pharmacist's Helper, Photographer, Pho- tographer 1 Gr., Photographer 2 Gr., Photostat Operator, Photostat Operator 1 Gr., Photostat Operator 2 Gr., Proof Clerk, Recapitula- tion Clerk, Receiving Clerk 1 Gr., Reception Clerk, Receptionist, Re- ceipts Clerk, Representative, Representative Architects & Bldg. Div., Representative Home Service, Resuscitation Instructor, Research Assistant, Research Associate, Review Clerk, Safety Lecturer, Sales Cadet, Sales Engineer, Sales Representative, Sales Technical Repre- sentative 1 Gr., Sales Technical Representative 2 Gr., Sales Technical Representative 3 Gr., Secretary, Senior Clerk, Senior Nurse, Senior Payroll Clerk, Service Clerk, Service Engineer, Special Attendant, Special Business Representative 1 Gr., Special Business Representa- tive 2 Gr., Special Business Representative 3 Gr., Special Representa- tive, Station Telephone Operator, Stenographer, Stenographer 1 Gr., Stenographer 2 Gr., Stenographer 3 Gr., Stenographer Grade B,' Stenographer Clerk, Stock Ledger Clerk, Storeroom Clerk 1 Gr., Studio Assistant, Subway Draftsman 1 Gr., Subway Draftsman 2 Gr., Surveyor, Tabulator Operator, Telephone Operator 40 hrs., Telephone Operator 35 hrs., Telephone Operator 38 hrs., Telephone Service 283032-41-yol 21-7 86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Clerk, Teller, Teller Clerk, Teletype Operator, Timekeeper, Tracer (Dist. Main Record) 1 Gr., Truck Dispatcher, Typist, Typist 1 Gr., Typist 2 Gr., Visitor, Wholesale Bookkeeper, Wholesale Business Representative, Wholesale Business Rep. 1 Gr., Wholesale Business Rep. 2 Gr., Wholesale Business Rep. 3 Gr. SCHEDULE II-X CLASSIFICATIONS AND TITLES OF EMPLOYEES EXCLUDED FROM UNIT II Adjuster-in-Charge, Air Compressor Oper. Asst. Foreman, Air Compressor Oper. Foreman, Agent, Ash Handler Foreman, Asst. Appl. Repair Shop Foreman, Assistant Ash Handler Foreman, Asst. Auto Operator Foreman, Asst. Bldg. Superintendent, Asst. Boiler Room Engineer, Asst. Building Supervisor, Asst. By-Products Fore- man, Asst. By-Prod. Shift Foreman, Asst. Chief, Asst. Chief Clerk, Asst. Chief Draftsman, Asst. Chief Operator (tele.), Asst. Chief Timekeeper, Asst. Clerk-in-Charge, Asst. Coal Handler Foreman, Asst. District Coml. Rel. Mgr., Asst. District Sales Manager, Asst. District Superintendent, Asst. Division Engineer, Asst. Electrical Foreman, Asst. Electrician Foreman, Asst. Elevator Supervisor, Asst. Foreman, Asst. Foreman 1 Gr, Asst. Foreman Collector, Asst. Fore- man Display Dist., Asst. Foreman-Governor & Valveman, Asst. Garage Foreman, Asst. General Foreman, Asst. General Labor Fore- man, Asst. General Storekeeper, Asst. Head Heater, Asst. Laboratory Supervisor, Asst. Labor Foreman, Asst. Maintenance Foreman, Asst. Manager, Asst. Manager Information, Asst. Millhouse Foreman, Asst. Night Supervisor, Asst. Night Supervisor-Division, Asst. to Person- nel Manager, Asst. Personnel Representatives, Asst. Photostat Oper. in Charge, Asst. Pipefitter Foreman, Asst. Plant Shift Foreman, Asst. Pressure Oper. Foreman, Asst. Producer Shift Foreman, Asst. Safety Director, Asst. Secretary to Vice President, Asst. Service Foreman, Asst. Station Mechanic Foreman, Asst. Stenographer in Charge, Asst. Storekeeper, Asst. Superintendent, Asst. Superintendent of Opera- tions, Asst. Supervisor, Asst. Supervisor Floor, Asst. Supervisor Meter Reading, Asst. Supervisor Mailing Division, Asst. Supervisor Division, Asst. Supervisor of Production, Asst. Supervisor Unit, Asst. to Attorney, Asst. to Chief Clerk, Asst. to Corresponding Secretary, Asst. to District Comm'l Rel Mgr, Asst. to Secretary, Asst. to See, Mutual Aid, Asst. Telephone Supervisor, Asst. Transmission Fore- man, Asst. Typist-in-Charge, Attorney, Auto Operator Foreman, Battery Foreman, Battery Shift Foreman, Blue Print Operator-in- Charge, Boiler Operating Foreman, Boiler Room Engineer, Build- ing Supervisor, By-Product Foreman, By-Product Shift Foreman, Carpenter Foreman, Chemist-in-Charge, Chief, Chief Addressograph CONSOLIDATED EDISON COMPANY OF NEW YORK, - INC. 87 Operator, Chief Clerk, Chief Dispatcher, Chief Operating Engineer, Chief Photographer, Chief Stock Handler, Chief Stockman, Chief Tabulating Operator, Chief Timekeeper, Clerk-in-Charge, Coal Handler Foreman, Collector (in Law Dept. only), Customer's Repre- sentative-in-Charge, Departmental Assistant, Distribution Foreman, Distribution Station Foreman, District Com'l Rel. Manager, District Foreman, District Supervisor, District Superintendent, Division Engineer, Domestic Science Director, Drip Foreman, Driver Inspector, Electrical Mechanic Foreman, Electrical Watch Foreman, Elevator Starter, Engineer (other than Gas Production, Astoria and Hunts Point Boiler House), Field Supervisor, Fire Cleaner Foreman, First Asst. Engineer, Foreman, Foreman 1 Gr, Foreman 2 Gr, Foreman Ash Handler, Foreman Appliance Repair Shop, Foreman Attendant, Foreman Boiler Cleaner, Foreman Coal Handler, Foreman Con- denser Cleaner, Foreman Collector, Foreman Engineer, Foreman Governor & Valveman, Foreman Janitor, Foreman Machinist, Fore- man Master Mechanic, Foreman Meter Reader, Foreman Painter, Foreman Repairman General, Foreman Substation Construction. Foreman of Display Distribution, Foreman of Display Production,, Forewoman Cleaner, Gang Foreman, Garage Foreman, Gen'l Car- penter & Millwright Foreman, General Foreman, General Labor Foreman, General Pipefitter Foreman, General Supervisor Telephone Ser, Generator House Shift Foreman, Grade A Foreman, Grade B Foreman, Guard, Guard-in-Charge, Handling Foreman, Head Cleaner, Head Key Punch Operator, Head Heater, Head Typist, Head Verifier Operator, Home Service Director, Inspector (other than customer service), Inspector in Charge, Instructor, Interviewer, Investigating Inspector, Investigator, Investigator 1 Gr, Investigator 2 Gr, Investigator 3 Gr, Ironworker Foreman, Job & Wage Analyst, Labor Foreman, Leading District Draftsman, Lineman Foreman, Machine Operator in Charge, Machine Shop Foreman, Maintenance Foreman, Mason Foreman, Mechanic Foreman, Messenger-in-Charge, Mill House Foreman, Millwright Foreman, Night Supervisor, Op- erating Foreman, Painter Assistant Foreman, Painter Foreman, Passenger Car Chauffeur, Photostat Operator-in-Charge, Pipefitter Foreman, Plant Foreman, Plant Shift Foreman, Platform Foreman Night, Platform Foreman Day, Porter-Watchman, Pressure Operator Foreman, Producer Shift Foreman, Production Foreman, Production Shift Foreman, Purification Shift Foreman, Relief Boiler Room Engineer, Relief Foreman, Relief Operating Foreman, Restaurant Supervisor, Rigger Foreman, Rodding Foreman, Roundsman, Safety Inspector, Secretary to, Executive Assistant, Secretary to Asst. See'y, Secretary to President, Secretary to Secretary, Secretary to Treasurer, Secretary to Vice President, Senior Electrical Watch Foreman, 88 DECISIONS OF NATIONAL LABOR BELATIONS BOARD Service Foreman, Shift Engineer 1 Or, Shift Engineer 2 Gr, Shift Handling Foreman, Show Room Supervisor, Special Inspector, Spe- cial Investigator, Squad Leader, Staff Assistant, Starter, Station Mechanic Foreman, Storekeeper, Storekeeper 1 Gr, Storekeeper 2 Gr, Stenographer-in- Charge, Subway Foreman, Superintendent, Superintendent's Assistant, Supervisor, Supervisor-Division, Super- visor-Meter Reading, Supervisor Key Punch & Verify, Supervisor of Displays, Supervisor Unit, Supervisor Telephone, Telephone Op- erator-in-Charge, Telephone Service Clerk Supervisor, Telephone Service Observer, Telephone Supervisor 40 hrs., Telephone Supervisor 35 hrs., Transmission Foreman, Turbine Room Engineer, Typist-in- Charge, Watch Engineer, Watch Foreman, Watchman, Welder Fore- man, Wholesale Bus. Rep. in Charge, Yard Foreman. (SAME TITLE] AMENDMENT TO DIRECTION OF ELECTIONS March 18, 194,0 On March 2, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above entitled proceedings, in which the Board Directed that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Consolidated Edison Company of New York, Inc., Brooklyn Edison Company, Inc., New York and Queens Electric Light and Power Company, Westchester Lighting Com- pany, The Yonkers Electric Light and Power Company, New York Steam Corporation, and Consolidated Telegraph and Elec- trical Subway Company, separate elections by secret ballot shall be conducted not less than fifty (50) days from and after Febru- ary 13, 1940, 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, Section 9, of said Rules and Regulations, among the, em- ployees of the Companies who fall within each of the groups de- scribed below, to determine whether they desire to be represented for the purposes of collective bargaining by Amalgamated Utility Workers affiliated with Utility Workers Organizing Committee, affiliated with the Congress of Industrial Organizations; Inter- national Brotherhood of Electrical Workers, affiliated with the American Federation of Labor; Brotherhood of Consolidated Edison Employees ; or by none. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 89 The Board, having been advised by International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, that it does not desire to participate in said elections ordered by the Board, hereby amends its Direction of Elections by striking therefrom the words, "International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor", and inserting in place thereof the words, "or by"; and by striking therefrom the word "none", and inserting in place thereof the word "neither", so that the aforesaid provisions of the Direction of Elections herein shall read as follows : Directed that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Consolidated Edison Company of New York, Inc., Brooklyn Edison Company, Inc., New York and Queens Electric Light and Power Company, Westchester Lighting Com- pany, The Yonkers Electric Light and Power Company, New York Steam Corporation, and Consolidated Telegraph and Elec- trical Subway Company, separate elections by secret ballot shall be conducted not less than fifty (50) days from and after Febru- ary 13, 1940, 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, Section 9, of said Rules and Regulations, among the employees of the Companies who fall within each of the groups described below, to determine whether they desire to be represented for the purposes of collective bargaining by Amalgamated Utility Work- ers affiliated with Utility Workers Organizing Committee, affili- ated with the Congress of Industrial Organizations; or by Brotherhood of Consolidated Edison Employees; or by neither. 21 N. L. R. B., No. 11a.