Brockton Taunton Gas Co.

National Labor Relations Board - Board Decisions

Jun 12, 1969

176 N.L.R.B. 618 (N.L.R.B. 1969)

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