Boston Edison Co.

National Labor Relations Board - Board Decisions

Jul 8, 1943

51 N.L.R.B. 118 (N.L.R.B. 1943)

In the Matter of BOSTON EDISON COMPANY and UTILITY WORKERS
ORGANIZING COMMITTEE OF THE C . I. 0., LOCAL 224
In the Matter of BOSTON EDISON COMPANY and UNITED BROTHERHOOD
OF EDISON WORKERS
Cases Nos. R-4988 and R-4989 respectively. Decided July 8, 1943
Johnson, Clapp, Ives and Knight, by Mr. Frederick M. Ives, of Bos-
ton, Mass., for the Company.
Mr. Oliver J. Harper, of New York City, for the `Committee.
Lyne, Woodworth & Evarts, by. Mr. Richard E. Evarts, of Boston,
Mass., for the Brotherhood.
Mr. John J. Regan, of Boston, Mass., for the I. B. E. W.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed-by Utility Workers Organizing
Committee of the C. I. 0., Local 224, herein called the Committee, and
United Brotherhood of Edison Workers, herein called the Brother-
hood, 'alleging that questions affecting commerce had arisen concern-
ing the representation of employees of Boston Edison Company, Bos-
ton, Massachusetts, herein called the Company, the National Labor
Relations Board consolidated the cases and provided for an appropri-
ate hearing upon due notice before Robert E. Greene, Trial Examiner.
Said hearing was held at Boston, Massachusetts, on March 8, 9, 10,
and 12, 1943. On March 3, 1943, the Regional Director granted a
motion of International Brotherhood of Electrical Workers, herein
called the I. B. E. W., to intervene. At the commencement of the hear-
ing, the Trial Examiner granted a motion of International Brother-
hood of Teamsters, Chauffeurs, Warehousemen & Helpers of America,
herein called the Teamsters, to intervene.' The Company, the Com-
1 Although the Teamsters was allowed to intervene , it presented no evidence of repre-
sentation to either the Region Director or the , Trial Examiner and failed to appear after
the first day of the hearing.
51 N. L. R. B., No. 28.
118
BOSTON EDISON COMPANY 119
inittee, the Brotherhood, and the I. B. E. W. appeared at and partici-
pated in the,hearing, and all parties were afforded full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. During the course of the hearing,
counsel for the Brotherhood filed motions to dismiss the petition filed
by the Committee. The Trial Examiner reserved ruling. The mo-
tions are hereby denied. During the course of the hearing, counsel
for the Brotherhood moved to strike certain testimony. The Trial
Examiner reserved ruling. The motion is hereby denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. On May 3, 1943, the Board issued an order
reopening the record, remanding the proceeding to the Regional Direc-
tor, and authorizing a further hearing. Pursuant thereto, a further
hearing was held at Boston, Massachusetts, on May 18, 19, 20, and 21,
1943, before Bernard Cushman, Trial Examiner. The Company, the
Committee, the Brotherhood, and the I. B. E. W. appeared at and par-
ticipated in the further hearing, and all parties were afforded full
opportunity to be heard, to examine and cross-examine witness, and to
introduce evidence bearing on the issues.2 The Trial Examiner's
rulings made at the further 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
Boston Edison Company is a Massachusetts corporation with its
principal office at Boston, Massachusetts. The Company is engaged
in the production, sale, and distribution of electricity and steam in
the city of Boston, Massachusetts, and in 39 surrounding communities.
During 1942 the Company purchased about 866,570 tons of coal, all of
which was shipped to it from points outside the State of Massachusetts.
During 1942 the Company sold 1,597,586,616 kilowatt hours of elec-
tricity and 1,395,867,000 pounds'of steam, all of which was sold within
the State of Massachusetts. The Company sells electric energy to
the New York Central & Hudson River Railroad, New York, New
Haven & Hartford Railroad, Boston & Albany Railroad, Boston and
Maine Railroad, New England Telephone and Telegraph Company,
Western Union Telegraph Company, and five radio stations . In addi-
tion, the Company sells electric energy to many large industrial con-
cerns.
2 Although the Teamsters were served with notice of further hearing, it did not appear.
120 DECISIONS OF NATIONAL LABOR RELATION'S BOARD
II, THE ORGANIZATIONS INVOLVED
'Utility-Workers Organizing Committee of the C. I. 0., Local 224, is
a labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
United Brotherhood of Edison Workers is a labor organization
affiliated with the United Utility Unions of America, admitting to
membership"employees of the Company.
International Brotherhood of Electrical Workers is a labor organi-
zation affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
During December 1942, the Committee claimed to represent a num-
ber of the Company's employees. The Company refuses- to recog-
nize the Committee as the exclusive collective bargaining representa-
tive of any of its employees on the ground that it is operating under
a'contract with the Brotherhood.
On May 24, 1940, the Company and the Brotherhood entered into
an exclusive bargaining contract. The contract provides that it shall
remain in full force and effect until June 30, 1942, and thereafter
from year to year unless notice is given by either party thereto of a
desire to terminate not less than 30 days prior to any annual expira-
tion date. The contract automatically renewed itself for a period
of 1 year on June 30, 1942. The Brotherhood contends that the con-
tract constitutes a bar to the instant proceeding. Inasmuch as the
Committee filed its petition herein on January 15, 1943, and the origi-
nal hearing was held on March 8 through 12, 1943, the contract does
not constitute a bar to a determination of representatives at this time
inasmuch as it expired by its terms on June 30, 1943.
Statements of the Regional Director and the Trial Examiner, in-
troduced into evidence at the hearing, indicate that the Committee
and the I. B. E. W. each represents a substantial number of em-
ployees in the unit alleged by each to be appropriate'
We find that questions affecting commerce have arisen concerning
the representation of employees of the, Company, within the meaning
8 The Regional Director reported that the Committee presented 525 membership applica-
tion cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of January 2, 1943. There are approximately 1,700 employees in the
unit urged by the Committee . The Regional Director and the Trial Examiner reported
that the I. B. E W . presented 63 membership application cards bearing apparently genuine
signatures of persons whose names appear on the Company 's pay roll of January 2„ 1943.
There are approximately 187 employees in the unit urged by the I. B. D W . All parties'
stipulated that the Brotherhood represents a substantial number of employees in the unit
alleged by it to be appropriate . There are approximately 2,735 employees In the unit claimed
by the Brotherhood.
BOSTON EDISON COMPANY 121
of Section 9 (c) and Section 2' (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNITS
The Committee urges that all employees of the Company, exclud-
ing executives and supervisory, technical, office, clerical, and white-
collar employees, constitute an appropriate unit. The Brotherhood
urges that all employees of the Company who are without powers of
discipline ,(except as to character and quality of workmanship), in-
cluding working foremen and working supervisors working with and
directing the activities of a small group of employees and having
power to discipline only as to character and quality of workmanship,
and office, clerical , and technical employees, but excluding all em-
ployees who are in or above the rank of foreman or supervisor, con-
stitute an appropriate unit. The I. B. E. W. would set up a sep-
arate unit of all linemen, groundmen, and groundmen drivers. The
Company would establish a unit substantially similar to that re-
quested by the Brotherhood.
The record discloses that most of the Company's employees are
engaged in either production and maintenance work, office and cleri-
cal work, or technical activities. These three groups of employees
have no close community of interests, in that their duties are dis-
similar, their background and training different, and their working
conditions dissimilar. As stated above, the Company and the Broth-
erhood have had an exclusive bargaining contract since May 24, 1940.
This contract covers the same group of employees as the Brotherhood
would set up as a bargaining unit in the instant proceeding. It is
obvious that the status and function of clerical and office employees
are essentially different from the status and function of production
and maintenance employees. Likewise, many of the men employed
by the Company in technical positions are college graduates whose
economic interest and relations to the Company are on an entirely
different plane from those of the production, maintenance, office, or
clerical employees. Although we are not unmindful of the fact that
these three groups have for several years been represented as one unit,
we are not persuaded that we should depart from our usual practice
of not grouping office and clerical employees, production and main-
tenance employees, and technical employees in the same unit, and we
shall not do so. However, the employees within each of the three
groups have sufficient community of interests to justify their being
set up as separate units. Accordingly, we find that separate units
of production and maintenance employees; office and clerical em-
ployees, and technical employees are appropriate for the purposes of
collective bargaining.
122 DECISdONS OF NATIONAL LABOR RELATIONS BOARD
The employees claimed by the I. B. E. W. are admittedly engaged
in maintenance work. Such employees have been bargained for by
the Brotherhood along with the production and other maintenance
employees. Many of the duties performed by the linemen, ground-
men, and groundmen drivers are similar to the duties performed by
other classes of employees of the -Company. Under the circum-
stances, we shall not set up a separate unit of linemen, groundmen,
and groundmen drivers, as requested by the I. B. E. W., but shall
include such employees in the production and maintenance unit.
All the parties 'agree to exclude the employees listed in Appendix
A from any of the units. They are clearly supervisory or confiden-
tial employees and, in accordance with our usual practice, we shall
exclude them. The Company also has a number of persons, who
are more fully discussed below, who are classified as supervisors.
However, some of them do not exercise supervisory authority. Our
general exclusion of supervisory employees applies only to those who
have authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action. Other employees classified by the Company as, super-
visors but not possessing such authority are to be deemed included
in the units.
A. The office and clerical unit
The employees listed in Appendix B are admittedly non-
supervisory clerical or office employees. We shall accordingly in-
clude them in the office and clerical unit. There remains for consid-
eration a number of categories and individuals whose inclusion is
disputed.,
With the exception of the meter readers, the Committee has no
interest in the clerical employees. Generally, the Brotherhood would
include those discussed below, while the Company also would include
most of them.
The Company employs one investigator in its application division.
classified by it as Grade 5. The Grade 5 investigator acts as assistant
to the division head, and in his absence exercises all the prerogatives
of the division head. The division head is admittedly excluded from
the unit because of his supervisory duties. We shall exclude the
Grade 5 investigator from the office and clerical unit.
The Company employs approximately 67 employees classified by it
as meter readers. All parties agreed to their inclusion, but the ques-
tion remains as to which unit they properly belong. The meter read-
ers make clerical records of meter readings at customers' homes and
transmit the written information to the Company's billing division.
BOSTON EDISON COMPANY 123
Since we find that the meter readers are primarily clerical employees,
we shall include them in the office and clerical unit.3
The Company employs two persons classified as matrons, who are
engaged in servicing and cleaning rest rooms maintained for the use
of members of the Company's office force. We shall include them
in the office and clerical unit.
There are three grades of buyers, none of whom has any super-
visory authority. The Brotherhood would include all grades, while
the Company would include only Grade 1 (of which it presently has
none), claiming that buyers, Grades 2 and 3, perform work of a con-
fidential nature. None of the alleged confidential duties of the buyers,
Grades 2 and 3, deals with the subject matter of labor relations. In-
asmuch as the work of buyers, all grades, is in the nature of office
duties, we shall include them in the office and clerical unit.
The Company employs 46 Grade 1, 34 Grade 2, and 42 Grade 3
record and billing clerks. Grade 1 record and billing clerks are
admittedly engaged in non-supervisory and clerical duties. We shall
include them in the office and clerical unit. However, there is some
question in the record as to whether some of those in Grades 2 and 3
have supervisory authority over those in Grade 1. Inasmuch as the
supervisory status of such employees is in doubt, we shall include only
those who do not have such authority.
The head of stock records is in charge of 16 to 18 women who keep
perpetual inventory records. The head of stock records does not
perform any manual duties himself, and has the right to recommend
discipline, promotion, and demotion of his subordinates. We find
that the head of stock records is a supervisory employee, and he will
therefore be excluded as such from the office and clerical unit.
The chief duplicating machine operator has eight employees under
his supervision. The record indicates that he has the right to recom-
mend the discharge of his subordinates. We find that the chief dupli-
cating machine operator is a supervisory employee, and he will there-
fore be excluded as such from the office and clerical unit.
There are three statisticians, divided into Grades 1 and 2; five
accountants, similarly divided; two assistant accountants; and eight
bookkeepers. The Brotherhood desires to include all these employees,,
and the Company would exclude all, as it claims that their work is
confidential in nature. All of them perform the types of work indi-
cated by their titles, and none of their duties involves the subject
matter of labor relations. We shall include all of these categories
in the office and clerical unit.
3 Thus, in a number of electrical utility cases we have excluded meter readers from a
general production and maintenance unit. Matter of Unton Electric Co. of Missouri,
33 N. L R. B. 1.
124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Technical assistants assist engineers in the making of field sur-
veys by maintaining records and preparing charts and specifications.
Inasmuch as their duties are clerical in nature, we shall include the
technical assistants in the office and clerical unit.
The Company employs district sales representatives, Grades 2,, 3,
and 4. District sales representatives, Grade 2,, contact commercial
customers whose bills are less than $60 per month, while the remain-
ing two grades interview customers whose bills are more than $60 per
month. The Company requests that Grades 3 and 4 be excluded
from the unit, while the Brotherhood would include all grades in the
unit. None of the district sales representatives performs confidential
or supervisory duties. Inasmuch as their function is in the nature
of office or clerical work, we shall include them in the office and clerical
unit.
The Company has two employees classified by it as municipal light
representatives. The municipal light representatives contact repre-
sentatives of various municipalities to obtain contracts for street
lighting. Inasmuch as they perform no confidential or supervisory
duties and their work is more closely allied to that of the office and
clerical employees than to any other group of employees, we shall
include them in the office and clerical unit.
The Company, employs right-of-way agents, Grades 1, 2, and 3.
These employees obtain rights of way to cross private property with
wires. In addition, the right-of-way agent, Grade 3, represents the
Company before municipal boards. The right-of-way agents, Grades
1 and 2, work only in the office. It appears that right-of-way agents,
Grade 2, supervise the work of Grade 1 right-of-way agents and have
the authority to recommend promotion and discipline. We shall
exclude Grade 2 right-of-way agents from the office and clerical unit
as supervisors. Inasmuch as the right-of-way agents, Grades 1 and
3, perform work closely allied to that of the office and clerical , em-
ployees, we shall include them in the office and clerical unit.
Office machine operators, Grade 2, have authority to recommend the
discipline of the office machine operators, Grade 1, who are admit
tedly in the unit. We shall therefore exclude Grade 2 office machine
operators from the office and clerical unit.
The Company employs 2 chief transcribers. The chief transcribers
have between 35 and 40 stenographers under their direction. They
perform no actual work themselves, and recommend promotion and
discipline of their subordinates. We find that the chief transcribers
are supervisory employees, and they will therefore be excluded from
the office and clerical unit as such.
The Supervisor of delinquent accounts is an attorney and has 12
employees under his direction. We shall exclude him from the office
BOSTON EDISON COMPANY 125
and clerical' unit because of the supervisory and dissimilar nature of
his duties.
The Company has three special collectors on its pay roll. Inas-
much as their duties are similar to those performed by the employees
in the office and clerical unit, we shall include them in that unit.
The Company has one employee classified by it as an allied service
man. This employee sets up various displays and exhibits in connec-
tion with the promotion and sale of electrical devices. Inasmuch as
his duties are similar to those of some of the employees in the office
and clerical unit, we shall include him in that unit.
The Company employs two persons classified by it as demonstrators.
The work of the demonstrators involves demonstration of use of
electrical appliances. Inasmuch as their duties are similar to those
of some of the employees in the office and clerical unit, we shall include
them in that unit.
The Company has two employees classified by it as dealer contact
men. They assist small dealers with displays of merchandise. We
shall include them in the office and clerical unit, inasmuch as their
work is similar to that of other employees in that unit.
The display man sets up window displays of various types. We
shall include him in the office and clerical unit, inasmuch as his duties
are similar to those of the employees in that unit.
The Company has four employees classified by it as special investi-
gators. In addition to their regular investigating duties, these em-
ployees conduct investigations of other employees of the Company,
as a result of which the employees investigated are subject to dis-
cipline. We shall accordingly exclude the special investigators from
the office and clerical unit.
Forewomen, Grades 1 and 2, supervise the office cleaners. They
spend practically all of their time performing supervisory duties
and have the authority to recommend discipline. We shall accord-
ingly exclude the forewomen from the office and clerical unit.
The Company employs a group of persons in its office and clerical
departments alleged by some of the parties to be supervisory em-
ployees.' The record indicates that all such persons have authority
to recommend discipline or promotion. We find that all such persons
are supervisory employees, and they will therefore be excluded as
such from the office and clerical unit.
Although Woodworth is classified by the Company as a supervisor,
Grade 3, he has no power to recommend discipline or promotion. The
Company took no position with respect to Woodworth. Inasmuch
as the record indicates that he performs no supervisory duties, we
shall include' him in the office and clerical unit.
4 Said employees are listed in Appendix D.
126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
J. J. Leary is classified by the Company as an,accountant. It ap-
pears that Leary has no one under his direction. Accordingly, we
shall include him in the office and clerical unit.
Although Albert J. McNulty has three men working with him, he
has no authority to recommend promotion or discipline. Inasmuch
as it appears that McNulty exercises no supervisory functions, we shall
include him in the office and clerical unit.
E. T. Carnell and N. J. Clifford assist in the direction of the office
force. The record fails to disclose that either of them has any super-
visory authority. Accordingly, we shall include them in the office
and clerical unit.
B. Production and maintenance unit
The parties agree, and we find, that all employees listed in Appendix
C , are non-supervisory production or maintenance employees.
The Committee would exclude the following employees from the
unit, while the Brotherhood would include them. Generally, the Com-
pany also would include them.
The Company employs persons classified by it as outside adjusters.
The outside adjusters check meters for accuracy at customers' prem-
ises and advise on the more economical use of appliances. Inasmuch
as the duties of the outside adjusters are in the nature of maintenance
duties, we shall include them in the production and maintenance unit.
The Company employs production engineers, Grades 1 through 7,
at its various generating stations. Inasmuch as their duties are pro-
duction in nature, we shall include them in the production and main-
tenance unit.
The Company employs watch engineers and assistant watch engi-
neers at each of its generating stations. Each of the watch engineers
has 50 employees under him, and each of the assistant watch engi-
neers has 40 employees under him. Watch engineers have the author-
ity to suspend employees for unsatisfactory work, and the assistant
watch engineers check on the performance of various types of em-
ployees. We find that watch engineers and assistant watch engineers
are supervisory employees, and they will therefore be excluded as such
from the production and maintenance unit.5
The Company has boiler room engineers, Grade 1, in each of its
generating stations. The record indicates that the boiler room engi-
neers, 'Grade 1, have no supervisory duties. Accordingly, we shall
include them in the production and maintenance unit.
Boiler room engineers, Grade 2, are in charge of boiler room engi-
neers, Grade 1, and have the authority to recommend their promo-
s Matter of Indianapolis Water Company , 48 N. L. R. B. 1399.
BOSTON EDISON COMPANY 127
tion. - Inasmuch as the duties of the boiler room engineers , Grade 2,
are supervisory in nature, we shall exclude them from the produc-
tion and„maintenance unit.
The Company has system dispatchers, Grades 1 and 2, at each' 'of
its; electrical generating stations. The system dispatchers direct op-
erators in their work and have the authority to recommend the trans-
fer of all operators. We shall exclude all system dispatchers from
the production and maintenance unit.
The Company employs investigators in its distribution division
who test the flow of current on underground distribution transform-
ers. Inasmuch as they perform maintenance duties and have no
supervisory powers, we shall include them in the production and
maintenance unit.
Construction inspectors, Grades 1 through 3, inspect construction
work performed for the Company by its own employees as well as by,
independent contractors. The record indicates that construction in-
spectors , Grades 1 through 3, perform no supervisory duties. Accord-
ingly, we shall include them in the production and maintenance unit.
The Company has 1 construction inspector, Grade 4. The Grade 4
construction inspector supervises 70 employees of the Company and
has the authority to suspend and recommend discipline of his sub-
ordinates . In addition, he can also recommend discharge. We find
that the construction inspector, Ewell, Grade 4, is a supervisory em-
ployee, and he will therefore be excluded as such from the production
and maintenance unit.
The Company has one construction inspector, Bolton, Grade 5.
The Grade 5 construction inspector supervises work done by inde-
pendent contractors. Although he has the authority to require the
independent contractors to take men off the job or discipline them, he
does not supervise any of the Company's employees. Under the cir-
cumstances , we shall include him in the production and maintenance
unit.
Report dispatchers- receive reports of accidents and operating diffi-
culties. Inasmuch as their duties are closely allied to those of the
production,, aud: maintenance employees, we shall include them in the
production and maintenance unit.
The Committee would exclude the utilization lay-out man from the
unit, while the Company and the Brotherhood seek his inclusion. The
utilization lay-out man designs wire lay-outs and is under the same
supervision as meter installers who are admittedly in the unit. We
shall include him in the production and maintenance unit.
The Company employs meter men, Grades 4 and 5. Meter men,
Grades 4 and 5, have the authority 'to recommend the promotion or
suspension of meter men, Grades 1 through 3. We find that the meter
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men, Grades 4 and 5, are supervisory employees, and they will therefore
he excluded as such from the production and maintenance unit.
The Company employs one stock expediter. The record discloses
that his work is closely allied to that of the production and maintenance
employees. Under the circumstances, we shall include him in the
production and maintenance unit.
Distribution dispatchers, Grade 3, have the authority to recommend
the promotion and discipline of Grade 2 distribution dispatchers. The
latter are admittedly in the unit. Inasmuch as the duties of Grade 3
distribution dispatchers are supervisory in nature, we shall, exclude
these employees from the production and maintenance unit.
The Company employes analysts in its steam generating stations
who perform routine tests. Inasmuch as their work is closely allied
to that of the production employees, we shall include them in the
production and maintenance unit.
The Company employs auxiliary heating plant engineers who work
at small plants located on customers' property. Inasmuch as their
duties are purely production in nature, we shall include them in the
production and maintenance unit.
The Company would exclude line team foremen from the unit while
the Brotherhood and the Committee would include them. Each of the
line team foremen has from 5 to 7 employees under him. They have
the right to recommend discipline and promotion of their subordinates.
We find that line team foremen are supervisory employees and they will
therefore be excluded as such from the production and maintenance
unit.
The Company employes inspectors Grades 1, 2, and 3. Inspectors of
all grades inspect incoming materials for quality. They exercise no
supervisory functions. We shall include them in the production and
maintenance unit.
The employees listed in Appendix E herein are classified by' the
Company as supervisors in its production and maintenance depart-
rnents. The record indicates that all such persons have the authority
to,recomipend promotion, demotion, and discipline of their subordin-
ates. We find that all employees listed in Appendix E are supervisory
employees and they will therefore be excluded as such from the produc-
tion and maintenance unit.
C. The technical unit
The Company has 34 engineers in its technical research department.
The engineers are classified as Grades 1 through 7. None of the engi-
neers perform any supervisory duties. The work of the engineers in
the technical research department is extremely technical in nature and
BOSTON EDISON COMPANY 129
the engineers are required to have professional training. Under the
circumstances, we shall include them in the technical unit.
C. V. Reeves and F. W. Palmer are engineers, Grade 4, in the techni-
cal research department. They direct electrical engineering test work
in connection with large construction projects. Neither Reeves nor
Palmer has any supervisory duties. Accordingly, we shall include
them in the technical unit.
A. J. McCahan is an engineer, Grade 4, in the technical research
department. McCahan's general duties are the same as those set out
above for Reeves and Palmer. However, McCahan acts as division
head in the latter's absence. The division head is admittedly excluded
from the unit as a supervisory employee. We find that McCahan is a
supervisory employee and he will, therefore, be excluded as such from
the technical unit.
The Company has engineers, Grades 2 through 7, in its engineering
department. , Such engineers prepare specifications and do designing
work. None of them performs any supervisory duties. We shall
accordingly include engineers, Grades 2 through 7, in the engineering
department in the technical unit.
R. S. Hewett and W. S. Braithwaite are engineers, Grade 4, in the
engineering department. Hewett represents the Company in dealing
with large commercial consumers and Braithwaite makes reports for
the use of the Massachusetts State Department of Public Utilities.
Inasmuch as their duties are non-supervisory and technical in nature,
we shall include them in the technical unit.
F. L. Dennis is an engineer, Grade 4, in the station electric design
division. Dennis prepares estimates and construction specifications.
Inasmuch as the record fails to disclose that he performs any super-
visory duties, we shall include him in the technical unit.
The Company has engineers, Grades 2 and 3, in its distribution
division. Such engineers make designs and reports as to the neces-
sity of changes in order to take care of and control increased voltage
on the distribution circuits. Inasmuch as their duties are non-super-
visory and technical in nature, we shall include them in the technical
unit.
E. P. Lake, Jr., is an engineer, Grade 4, in the distribution division.
Lake's duties consist of making technical and economic studies and
reports on street lighting projects. The record fails to disclose that
Lake has any supervisory duties. Accordingly, we shall include him
in the technical unit.
D. H. Little and G. J. Samoylenko are engineers, Grade 4. Little
and Samoylenko work on heating and airconditioning problems. In-
asmuch as they perform no supervisory duties and their work is
technical in nature, we shall include them in the technical unit.
130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
J. H. Ferguson and F. L. Archibald are engineers, Grade 4. Fergu-
son prepares records as to the costs of furnishing current and Archi-
bald makes studies with respect to operating economics in steam gen-
erating stations. Neither Ferguson nor Archibald performs any
supervisory duties. Inasmuch as their tasks are technical in nature,
we shall include them in the technical unit.
J. W. Bolton is an engineer, Grade 4, in the power sales department.
Bolton prepares reports with respect to estimates of steam consump-
tion. Inasmuch as Bolton performs no supervisory duties and his
work is technical in nature, we shall include him in the technical unit.
C. F. Davis is an engineer, Grade 4, in the transmission and distribu-
tion department. Davis estimates costs of construction projects.
In addition, he directs the work of several engineers and clerks and
acts as division head in the latter's absence. We find that Davis is a
supervisory employee and he will, therefore, be excluded as such from
the technical unit.
Frederick Randlett is an engineer in the transmission and distribu-
tion department. He drafts specifications with reference to the in-
stallation of conduits., In addition to his regular duties, Randlett
replaces the division head during the latter's absence. We find that
Randlett is a supervisory employee and we shall exclude him as such
from the technical unit.
The Company employs two persons classified by it as chemists.
The chemists are graduate professional chemists. Inasmuch as the
chemists are technical employees, we shall include them in the tech-
nical unit.
The Company has two employees classified by it as checkers. The
checkers do lay-out and designing work and also check the work
of draftsmen. Inasmuch as their duties are purely technical in nature,
we shall include them in the technical unit.
The Company employs draftsmen Grades 1 through 5. None of
the draftsmen has any supervisory duties and all of them perform
technical work. Inasmuch as their duties are technical in nature,
we shall include them in the technical unit.
The Company has one employee classified by it as a tracer. His
duties are similar to those of the draftsmen. Under the circum-
stances, we shall include him in the technical unit.
The Company employs sales engineers Grades 1 through 3. The
sales engineers contact the public with reference to technical prob-
lems and make recommendations with respect to changes in physical
equipment. Inasmuch as their duties are technical in nature, we shall
include them in the technical unit.
R. C. Ghen is a supervisor, Grade 3, in the laboratory, electrical
division. Ghen has five employees under his supervision and has the
BOSTON EDISON COMPANY 131
authority to recommend promotion and discipline. We find that he
is a supervisory employee and he will, therefore, be excluded as such
from the technical unit.
J. A. Mitchell, L. H. Campbell, E. Clee, and H. G. Cromack are
supervisors in the record division of the engineering department.
Each of the supervisors has five persons under him and each has the
power to recommend promotion and discipline. We find that
Mitchell, Campbell, Clee, and Cromack are supervisory employees
and we shall exclude them as such from the technical unit.
T. L. Hughes is in charge of two surveying crews. He has the
authority to recommend discipline and promotion. We shall exclude
him from the technical unit.
The Company employs three registered nurses who give first aid
to employees of the Company in emergency cases. Inasmuch as the
duties and interests of the nurses are dissimilar to the duties and
interests of the production and maintenance employees, the technical
employees, and the office and clerical employees, we shall exclude them
from all units.
The Company employs one photographer who is engaged in photo-
graphing construction work and the scenes of accidents. Inasmuch
as his duties are dissimilar to those of the employees in the units here-
inafter found to be appropriate, we shall exclude him from all units,
We find that all office and clerical employees of the Company, in-
cluding the employees listed in Appendix B, matrons, buyers Grades
1, 2, and 3, district sales representatives, Grades 2, 3, and 4, municipal
light representatives, right-of-way agents Grades 1 and 3, collectors,
special collectors, allied service men, dealer contact men, demon-
strators, display men, statisticians Grades 1 and 2, accountants Grades
1 and 2, bookkeepers, assistant accountants, technical assistants, dic-
tating machine operators, sales clerks, Woodworth, E. T. Carnell,
N. J. Clifford, J. J. Leary, A. J. McNulty, record and billing clerks,
and meter readers, but excluding investigators Grade 5 in application
division, right-of-way agents Grade 2, office machine operators Grade
2, chief transcribers, head of stock records, chief duplicating machine
operators, supervisor of delinquent accounts, special investigators, and
all supervisory employees who have authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, nurses, the photographer,
employees listed in Appendices A and D, and employees in the pro-
duction and maintenance and technical units hereinafter found to be
appropriate, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the Act:
We further find that all technical employees of the Company, in-
cluding engineers Grades 1 through 7 in technical research depart-
Z40612-44-vol. 51-10
132 DECISIIONS OF NATIONAL LABOR RELATIONS BOARD
ment, C. V. Reeves, F. W. Palmer, engineers Grades 2 through 7 in
engineering department, R. S. Hewett, W. S. Braithwaite, F. L. Den-
nis, engineers Grades 2 and 3 in the distribution division, E. P. Lake,
Jr., D. H. Little, G. J. Samoylenko, J. H. Ferguson, F. L. Archibald,
J. W. Bolton, chemists, checkers, draftsmen Grades 1 through 5,
tracers, and sales engineers Grades 1 through 3, but excluding A. J.
McCahn, C. F. Davis, Frederick Randlett, R. C. Ghen, J. A. Mitchell,
L. H. Campbell, E. Clee, H. G. Cromack, T. L. Hughes, nurses, the
photographer, employees listed in Appendix A, all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, and employees in the production and maintenance and
office and clerical units, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act.
We further find that all production and maintenance employees of
the Company, including the employees listed in Appendix C, outside
adjusters, production engineers Grades 1 through 7, boiler room engi-
neers Grade 1, investigators in distribution division, construction
inspectors Grades 1, 2, 3, and 5, report dispatchers, utilization lay-out
men, stock expediters, analysts, auxiliary heating plant engineers,
material inspectors Grades 1, 2, and 3, linemen, and garagemen, but
excluding watch engineers, assistant watch engineers, boiler room
engineers Grade 2, system dispatchers, Grades 1 and 2, construction
inspectors Grade 4, meter men Grades 4 and 5, distribution dispatch-
ers Grade 3, line team foremen, nurses, the photographer, employees
listed in Appendices A and E, all supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, and
employees in the technical and office and clerical units, 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 questions concerning representation which'
have arisen be resolved by means of elections by secret ballot among
the employees in the appropriate units who were employed during
the pay-roll period immediately preceding the date of the Direc-
tion of Elections herein, subject to the limitations and additions set
forth in the Direction.
DIRECTION OF ELECTIONS
e
'By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor, Rela-
BOSTON EDISON COMPANY 133
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 represen-
tatives for the purposes of collective bargaining with Boston Edison
Company, Boston, Massachusetts, elections 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 supervision
of the Regional Director for the First Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle III, Section 10, of said Rules and Regulations, among :
(1) All employees in the office and clerical unit found appropriate
in Section IV, above, who were employed during the pay-roll period
immediately preceding 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 United Brotherhood of Edison Workers, affiliated with the United
Utility Unions of America, for the purposes of collective bargaining.
(2) All employees in the technical unit found appropriate in Sec-
tion IV, above, who were employed- during the pay-roll period imme-
diately preceding 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 United Brotherhood of Edison Workers, affiliated with the United
Utility Unions of America, for the purposes of collective bargaining.
(3) All employees in the production and maintenance unit found
appropriate in Section IV, above, who were employed during the
pay-roll period immediately preceding 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 they
desire to be represented by United Brotherhood of Edison Workers,
affiliated with the United Utility Unions of America, or by Utility
Workers Organizing Committee of the C. I. 0., Local 224, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining, or by neither.
134 DECISIONS OF NATIONAL LABOR REI ATIONS BOARD
APPENDIX A
Executives, superintendents, heads- of , sections, heads and assistant
heads of divisions.
Secretary
Store Managers
Students
District Manager
Executive Assistant
Property Guard
Foreman, Grade 3, to wit, W. F. Page
Supervisor, to wit the following :
E. R. Frye, Grade 3 E. L. McNair, Grade 4
G. E. Taylor, Grade 4 F. H. Paige, Grade 2
J. R. D'Entremont, Grade 5 R. A. Powers, Grade 4
H. W. Hemenway, Grade 3 J. A. Spencer, Grade 3
T. P. Monahan, Grade 3 B. E. Vaughan, Grade 2
W. H. Meade, Jr., Grade 3 E. F. Lord, Grade 3
M. McNamara, Grade 3 L. W. Stuart, Grade 2
L.-A. Thorn W. L. Logan, Grade 2
R. W. Berkeley, Grade 5 A. R. Mills, Grade 3
W. E. Carley, Grade 2 J. W. Bradford, Grade 3
E. Eldridge, Grade 2 F. Purchase, Jr., Grade 4
C. A. Hutt, Grade 2 R. H. Copeland, Grade 4
L. F. Brown, Grade 3 W. P. Meagher, Grade 3
F. C. Danolds, Grade 4 L. J. Morse, Grade 5
P. T. Flynn, Grade 2 A. L. Dutton, Grade 2
R. E. Monroe, Grade 2
APPENDIX B
4
General Clerks Transcribing Checker
Petty Cashier Interviewers
Receiving Tellers Copywriters-
Construction -Cost Men Stenographers, Grades 1, 2, and 3
Office Assistants Telephone Operators, Grades 1,
Technical Clerks 2,, and 3
Grade 1 Office Machine Operators Inside Adjusters
Chief of Files Assistants to System Dispatchers,
Office Cleaners Grades 1 and 2
Copyists Investigators, Application Divi-
Duplicating Machine Operators sion, Grades 1 through 4
BOSTON EDISON COMPANY 135
APPENDIX C
Appliance Repairmen -
Auxiliary Heating-Plant Firemer
Auxiliary Tender
Batteryman, Grades 1, 2, 3, 4,
and 5
Cable and Conduit Man, Grades
1, 2,3,4,and5
Calibraters, Grades 1 and 2
Chauffeur, Grades 1 and 2
Coal Plantman
Distribution Dispatcher, Grade 2
Elevator Operator
Elevator Starter
Fireman
Garage Tester
Garage Propertyman
Groundman, Grades 1, 2, and 3
Inspector-Pole line and Man-
hole, Grades 1, 2, and 3
Installer, Grades 1, 2, 3, and 4
Junctionboxman
Lampmen, Grades 2, 3, 4, and 5
Maintenance Helper, Grades 1
and 2
Maintenanceman, Grades 1, 2, 3,
4, and 5
Meterman, Grades 1, 2, .and 3
Operator, Grades 1, 2, 3, 4, 5,
and 6
Service Dispatcher
Serviceman, Grades 1, 2, and 3
Splicer, Grades 1, 2, and 3
Station Cleaner
Steam Meterman, Grades 1, 2, 3,
4, and 5
Steam Serviceman, Grades 1 and 2
Testmen, Grades 2 and 3
Troubleman
Truckman, Grades 1, 2, and 3
Truckman's Helper
Turbine Tender
Underground Helper, Grades 1,
2, and 3
Utilityman, Grades 1, 2, and 3
Watchman
Water Tender
Window Washer
Automobile Repairman, Grades
2, 3, 4, and 5
Car Dispatchers, Grades 1 and 2
Painters, Grades 1 and 2
Stockmen, Grades 1, 2, 3, 4, and 5
APPENDIX D
Kinchla, in charge of a group of,clerks who calculate steam consump-
tion.
H. G. Fay, in charge of 12 employees who draft plans of electric light
pole positions.
E. A. Gula and E. W. Andrews, supervisors Grade 2, in transmission
and distribution department.
A. J. Bresnaham and H. A. Gorman, supervisors Grade 2, in charge of
10 to 13 clerical employees.
A. H. Thiebault, supervisor Grade 2, in charge of 27 bill collectors.
J. J. Fahey, supervisor Grade 3, in charge of 21 night clerks.
Claude Beairsto, E. J. Perrigo, and O. A. Enemark, supervisors Grade
2, in charge of tabulating machine room, stock control machines, and
receiving tellers, respectively.
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
T. A. Galvin, supervisor Grade 4, confidential assistant to superintend-
ent of public relations.
E. P. Bernard, supervisor Grade 4, in charge of clerical force in pro-
duction office.
S. F. McLaughlin, accountant Grade 2, has 14 accountants under his
supervision.
W. A. Engstrom, supervisor Grade 2, maintains confidential personnel
records.
APPENDIX E
F. W. Mareman and E. E. Walker supervise the work of 25 to 30
meter testers.
C. H. Amundsen, 0. S. Griffen are in charge of electric meter repairers.
L. S. Kelley in charge of crews engaged in the repair of direct current
distribution.
K. D. Godfrey, S. T. Koss, A. T. Hanson are supervisors , Grade 4.,
C. 0. Wilson is a supervisor , Grade 2, in charge of storerooms.
A. I. Nixon, M. Ward, F. Trachtenberg, C. I. Lovewell, E. F. Concree,
J. W. Kulda, A. Sullivan, C. L. O'Keefe, are supervisors with 18 to
23 employees under each.
L. B. Howarth is a supervisor , Grade 2, in charge of maintenance
men.
Hanks is a foreman , Grade 3.