Western Massachusetts Electric Co.

National Labor Relations Board - Board Decisions

Nov 29, 1940

28 N.L.R.B. 189 (N.L.R.B. 1940)

In the Matter Of WESTERN MASSACHUSETTS ELECTRIC COMPANY. and
INTERNATIONAL BROTHERHOOD or ELECTRICAL WORKERS, LOCAL
= UNION #761: (A. F. 'Of L.)
Case No. C-1724.-Decided November 29, 1940
Jurisdiction : electric utility industry.
Unfair Labor Practices : employer refused to bargain collectively contending
that its business does not fall within the jurisdiction of the Act-Board found
jurisdiction and a refusal to bargain.
Remedial Orders : order to bargain collectively.
Mr. Edward Schneider, for the Board.
'Mr. David R. Pokross, of Boston, Mass., for the respondent.
- Mr. John J. Regan, of Boston, Mass., for the Union.
Mr. Louis Cokin, of counsel to the Board. -
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by International Brotherhood of Electrical
Workers, Local Union #761, herein called the Union, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the First Region (Boston, Massachusetts), issued its
complaint, dated October 7, 1940, against Western Massachusetts
Electric Company, Greenfield, Massachusetts, herein called the re-
spondent, alleging that the respondent had engaged in and is engag-
ing in unfair labor practices affecting commerce within the meaning
of.Section 8 (1) and (5) and Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of
the complaint and accompanying notice of hearing were duly served
upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged, in sub-
stance, that on or about August 20, 1940, and at all times thereafter,
the respondent refused to bargain collectively with the Union as the
exclusive representative of the respondent's employees in an appro-
priate bargaining unit although the Union had been so certified by
the Board, and that the respondent thereby interfered with, re-
28 N. L. R. B., No. 38.
189
190 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD
strained , and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act. ' On October 18, 1940, the respond-
ent filed an answer denying the allegations of unfair labor practices
contained in the complaint and alleging that the respondent was, not
subject'to the jurisdiction of the Board.
On October 18, 1940, the respondent, the Union, and counsel for
the Board entered into a stipulation. The stipulation provides as
follows :
STIPULATION
It is hereby stipulated and agreed by and between Western
Massachusetts Electric Company, hereinafter referred to as the
Respondent, and International Brotherhood of Electrical Work-
ers, Local Union #761, affiliated with the American Federation
of Labor, hereinafter referred to as the Union, and Edward
Schneider, Regional Attorney for the First Region, National
Labor Relations Board, that :
I. -Upon a charge duly filed by the Union, the National Labor
Relations Board, by A. Howard Myers, Regional Director for the
First Region (Boston, Massachusetts), acting pursuant to au-
thority granted in Section 10 (b) of the National Labor Relations
Act, 49 Stat. 449, hereinafter referred to as the Act, and acting
pursuant to its Rules and Regulations-Series 2, as amended,
issued its Complaint and Notice of hearing on October 7, 1940,
against the Respondent.
II. A copy of the Charge, Complaint, and Notice of Hearing
thereon, and Rules and Regulations-Series 2, as amended, were
duly served upon the Respondent and the Union on October 7,
1940, said hearing being scheduled for October 18, 1940, at ten
o'clock in the forenoon, in Court Room 4, Federal Building,
Boston, Massachusetts. On or about October 18, 1940, the Re-
spondent filed its Answer with the Regional Director for the
First Region, and served a copy thereof on the Union. All
parties acknowledge due and timely service of a copy of said
Charge, Complaint and Notice. of Hearing, Rules and Regula-
tions-Series 2, as amended, and Respondent's Answer.
III. It is stipulated that on August 15, 1940, the Union by its
International Representative, Walter J. Kenefick, wrote and sent
the following letter to the Respondent, which letter was received
by Respondent on or about August 16, 1940:
WESTERN MASSACHUSETTS ELECTRIC COMPANY 191
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
P. 0. Box 504,
Springfield, Mass., August 15, 194.0.
Registered Mail
Mr. HARRY DUREN,
Western Mass. Electric Company,
Greenfield, Mass.
DEAR MR. DUREN : At an election conducted by the National
Labor Relations Board it was determined that a majority of
your employees in the line, meter, cable and operating de-
partments designated the International Brotherhood of
Electrical Workers to be their representative for the purpose
of collective bargaining.
We hereby request a conference in order that we may start
negotiations for a signed agreement.
May we hear from you as soon as possible?
Yours very truly,
cc Regan.
cc 761.
WALTER J. KENEFICK,
International Representative.
It is further, stipulated that on August 20, 1940, the Respondent
by C. F. Mosher, its General Superintendent, did write and send
the following letter in answer to the above letter, which answer was
received by the Union on or about August 21,1940:
WESTERN MASSACHUSETTS ELECTRIC COMPANY
Constituent of Western Massachusetts Company
Address Reply to
TURNERS FALLS, MASS.,
August 20, 1940.
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
P. 0. Box 504, Springfield, Massachusetts.
WALTER J. KENEFICK, Int. Rep.
DEAR SIR : We do not recognize that your organization
has been duly certified as a bargaining agent for the employees
stated in your letter of the fifteenth addressed to Mr. Duren,
192 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD
for we believe that the National Labor Relations Board has no
jurisdiction in, this matter.,
Wetherefore: decline your request for a conference.
Yours very-truly,,
WESTERN MASSACHUSETTS ELECTRIC COMPANY,
C. F. MOSHER, General Superintendent.
M-K.
IV. The Respondent and the Union waive the right to a hearing
as set forth in Section 10' (b) and 10 (c), of the Act and waive
their right to an Intermediate Report by a Trial Examiner of the
National Labor Relations Board. The Respondent and the Un-
ion waive the issuance of Proposed Findings of Fact, Proposed
Conclusions of Law, and Proposed Order by said Board, waive
'the right to argue orally before the Board, and to file briefs with
the Board.
V. The record in this case shall consist of (1) the transcript of
the record, exhibits, Decision and Direction of Election, Election
Report, and Certification of Representatives in proceedings before
the National Labor Relations Board entitled "In the Matter of
Western Massachusetts Electric Company and International
Brotherhood of Electrical Workers, Local Union #761 (A. F. L.)
Case No. R 1823"; (2) the Charge, Complaint and Notice of
Hearing thereon, Rules and Regulations-' Series 2, as amended,
and Respondent's Answer, referred to in Paragraph I and II
hereof; and (3) this stipulation.
The items referred to in subdivision (1) of this paragraph are
now in the possession of the National Labor Relations Board, and
it is stipulated that the items referred to in subdivisions (2) and
(3), of this paragraph may be presented to the Board by filing
same with the Chief Trial Examiner of the Board, in Washington,
D. C.
VI. The facts set forth in this Stipulation shall be received in
evidence with the same force and effect as if the facts herein had
been established in open hearing through the sworn testimony of
competent witnesses.
VII. This Stipulation constitutes the entire agreement between
the parties and no verbal agreement of any kind has been made
'which varies, alters or adds to this Stipulation.
This Stipulation shall'be void and of no effect unless-approved
by the National Labor Relations Board.
On October 30, 1940, the Board issued an order approving the
above stipulation.
WESTERN MASSACHUSETTS - ELECTRIC COMPANY,: 193
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Western Massachusetts Electric Company is a Massachusetts cor-,
poration with its general offices at Greenfield, Massachusetts. It is en-'
gaged in the purchase, exchange, manufacture, sale, and distribution
of electric light and electric power in that part of Massachusetts which
includes the towns listed in the' margin.1 The Company generates
electrical energy at its hydro-electric station located on the Deerfield,
River at Gardners Falls, Massachusetts, and to a limited extent at an'
automatic station which is located on the Green River at Greenfield,
Massachusetts. All other power which the Company distributes is,
purchased from the Turners Falls Power & Electric Company, herein
called the Turners Falls Company, a co-subsidiary, all the stock of
which, like that of the Company, is owned by Western Massachusetts
Companies, herein called the Parent Company, a Massachusetts volun-
tary association organized under a-declaration of trust.2 During 1939
the Company sold 38,030,824 kilowatt hours of electricity, the revenue
from which amounted to $1,460,667.
Purchases of electric energy in interstate commerce
During 1939 the Company-purchased 27,296,867 kilowatt hours of
electricity from the Turners Falls Company. The' latter company
obtains electrical energy from its own generating plants located in
Massachusetts, from Connecticut Valley Power Exchange, herein
called the Exchange, and from New England Power Company.8
The Exchange is composed of the Turners Falls Company, Connec-
ticut.Power Company, and New England Power Company. These
three companies have an arrangement whereby they exchange surplus
power so that the lowest available increment cost sources will be used
in supplying the combined load. During 1939 the Turners Falls-
" Greenfield , Northfield , Bernardston , Shelburne , Deerfield , Colrain , Chesterfield , Pelham,
Southampton , Sunderland , Buckland , Conway, Ashfield , Gill, Cummington , Easthampton,
Hadley, Amherst , Westhampton , Worthington , Leyden, Turners Falls, Millers Falls, Mon-
tague, Hatfield, Lake Pleasant , Leverett , Plainfield , Whately, Erving. - %
2 The Parent - Company also owns approximately all the outstanding stock of United
Electric Light Company, Pittsfield Electric Company , utilities which generate , purchase,
and distribute electricity , the Quinnehtuk Company , a land holding concern , and Western
Massachusetts Agency, l ine, a non-profit organization which services the other subsidiaries
of the Parent Company with engineers and other technicians. . -
2 During 'an average year the Turners Falls Company purchases approximately 24,152,00)
kilowatt hours of electricity from New England Power Company . This transaction
appears to be independent of the Exchange.
194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company purchased 119,504,854 kilowatt hours of electricity from
the Exchange, which is slightly less than one-third the total amount
sold by the Turners Falls Company. The Connecticut Power Com-
pany's connection with the Exchange comes from one of its substa-
tions in Connecticut. The New England Power Company has
sources of energy in Massachusetts, Maine, and Vermont. The record
does not show the'relative amounts emanating from the three sources.
Purchases of materials in interstate commerce
The Company, in the course of its operations during 1938; pur-
chased materials, supplies, and equipment valued at approximately
$174,800 and consisting principally of wire, transformers, trucks, cars,
poles, meters, gasoline, and station and line supplies. The Company
estimates that approximately 40 per cent of such purchases were made
from sellers located outside the State of Massachusetts.4
Types of consumers dependent on electrical energy supplied by the
Company
The 'different classifications of the Company's customers and the
r`espective amounts of electricity sold to them during 1939, are shown
in the margin 5
1. Manufacturers. Of the total sales- of electricity to manufac-
turers, which during 1939 amounted to 12,167,683 kilowatt hours,
8,579,805 kilowatt hours of electricity was sold to 17 of the-Com-
pany's 25 largest customers, bringing to the Company a revenue of
$275,681.6 These concerns are engaged in the manufacture, sale, and,
distribution of various products. The identity and location of the
manufacturers and the nature of the products and percentage thereof
' The Company stipulated that , according to its own estimate the purchases of raw mate-
rials, supplies , and equipment during 1939 were similar in amount , nature, and place of
origin to those of the preceding year.
5 See the following table :
Class of service
Number of
customers as
per bills ren-
dered
Kilowatt-hours Revenue
Domestic sales -- ------------------------------------------ 16,021 14, 637, 735 $738, 278Commercial sales ------- ---------------------------------- 2,412 5,739,684 297, 756
Commercial power sales---------------------------------- 590 12,167,683 305,315
Street hghtmg sales-------------------------------------- 25 1,456,420 91,809
Other utilities =----------------- 5 4,029,302 27,507
° The Company designates such sales as "commercial power sales ," indicating a rate
available for stores , factories, or other places where electrical energy is used through
motors for powei purposes . Service is generally ' supplied at 3 phase, 60 ;cycles, 220 volts.
Incidental lighting up to 10 per cent of the total consumption is also furnished under this
rate, provided the customer equips himself with transforming and regulating equipment.
WESTERN MASSACHUSETTS ELECTRIC COMPANY 195
shipped outside the State of Massachusetts are' shown by the follow-
ing breakdown :
Customer Location Product
Percentage
shipped
outside of
Massachu-
setts
Greenfield Tap & Die Corporation---------- Greenfield ,,Mass___-__ Tools & Gauges_______ 98
Millers Falls Tool Company________________ Montague , Mass ______ Tools ----------------- 9835
United Elastic Company ___________________ Easthampton , Mass___ Elastic Webbing______ 97
Kendall Manufacturing Company__________ Colrain , Mass --------- Cotton Cloth ---------- 95
Millers Falls Paper Company ______________ Erving , Mass _________ Writing Paper -------- 80
Massachusetts Broken Stone Co ------------ Deerfield , Mass_ ______ Crushed Stone ________ 17/j
J S Lane & Son____________________________ Amherst , Mass --- ---- Crushed Stone -------- None
Montague Rod & Reel Company ----------- Montague , Mass______ Fishing Equipment --- 983
Rogers , Lunt & Bowlen ____________________ Greenfield , Mass_ _____ Silverware ( Sterling)-- 98)
Threadwell Tool Company _________________ Greenfield , Mass ______ Tools__ _______________ 90
Montague Machine Company__ ____________ Montague , Mass --- --- Machinery____________ 90
T. Morey & Son ___________________________ Greenfield , Mass______ Printing_ _____________ 1 100
Rugg Manufacturing Company___ __________ Greenfield , Mass______ Wood Novelties ------ 70
Snows Ice Cream Company________________ Greenfield , Mass_____ Ice Cream ------------- 8
Advertising Corporation of America ________ Easthampton , Mass __ Advertising Novelties- 95
H P. Hood & Son__________________________ Shelburne, Mass______ Dairy Products ----___ (')
Amherst Creamery Company ______________ Amherst, Mass ________ Dairy Products ------- 17
Porter McLeod Tool Company_____________ Hatfield, Mass________ Tools ----------------- 95
I Information not forthcoming but it is estimated 100 percent is shipped outside of Massachusetts.
f According to Company , information immediately unobtainable.
2. Railroad. During 1939 the Company sold 618,493 kilowatt
hours of electricity to, the Boston & Maine Railroad at a cost of
$13,577. Although the power sold by the Company to the railroad
is delivered within Massachusetts, the section serviced is an integral
part of the so-called Fitchburg Division which is engaged in trans-
porting passengers and freight in interstate commerce and has lines'
running from points in Massachusetts to points in New York, New
Hampshire, and Vermont. This power is used for the operation of,
switches, 'automatic signals, and station lighting. It is conceded
that a complete interruption of power, if sustained, would disrupt
the service of the railroad.7
3. Radio Station. The Company provides power to Radio Station
WHAI in Greenfield, Massachusetts, both- for illumination and
broadcasting purposes. This radio station receives and broadcasts
daily programs originating outside Massachusetts in the New Eng-.
land Broadcasting Company and Mutual Broadcasting System, In-
corporated. Although Station WHAI has a relatively low signal
strength, during the daytime it broadcasts successfully to parts of
New Hampshire and Vermont. Interruption of the Company's
power service would cause 'a complete cessation of broadcasting from
this radio station.
4. Newspaper. The Greenfield Recorder-Gazette, a newspaper
published in Greenfield, Massachusetts, relies on the Company for
a The Boston & Maine Railroad is equipped with storage batteries upon which it could
rely for several hours in case of failure of the Company to supply power. It is also in a
position to take'-power from other sources.
413597-42-vol 28--14
196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
both illumination and' power. This newspaper prints syndicated
news and columns of national and international origin. , It also runs
advertisements for nationally known products, an estimated 75 per
cent of which accounts are received from outside the State of Massa-'
chusetts. The edition of September 29, 1939, termed at the hearing
a "sample edition," had a distribution of 7,675 copies, 316 of which
were sent outside Massachusetts. "Interruption of the Company's
power service would make impossible publication of said newspaper
unless arrangements wholly different from those now relied on could
be effected.
5. Telegraph companies. The Company furnishes illumination
and power to Western Union Telegraph Company and Postal Tele
graph Company at Greenfield, Massachusetts. The power purchased
by the Western Union and Postal Telegraph offices is used to operate
automatic telegraph machines.8
6. Telephone company. The Company furnishes light and power
to New England Telephone and Telegraph Company at Amherst,
Easthampton, Greenfield, Hatfield, Millers Falls, Turners Falls,
Bern trdston, Cummington, Northfield, and South Deerfield, Massa-
chusetts. The power is used at most of the above-named places to
charge batteries which, in turn, furnish the current required for
transmission of telephonic messages. The Company's power is also
used at all the above-named places for operating the ringing ma-
chines. Messages are received from and sent to all parts of the
United States and foreign countries by subscribers to the New Eng-
land Telephone and Telegraph Company in the aforesaid towns" in
Massachusetts.°
7. Post Ofce. The Company furnishes electric power to the
United States Post Office for light and power to operate automatic
stamp-cancelling and adding machines.
Conclusions concerning the Company's relation to commerce
It is clear from the findings above (1) that the Company receives
from outside Massachusetts a large quantity of the materials, sup-
plies, equipment used'by it in its operations, (2) that the Company
purchases electrical energy which originates outside Massachusetts,
(3) that a large area in Massachusetts -is primarily dependent upon
the Company for the generation, transmission, and distribution of
electrical energy and that within such area instrumentalities of in-
terstate commerce, including a railroad, telegraph and telephone
" The Western Union office has available Morse code operators who could,. in the event
of failure of the Company's power, transmit messages . The Postal Telegraph office, how-
ever,'has no Morse operators immediately available.
' I The evidence shows that the 'New England Telephone and Telegraph Company , is
equipped with emergency equipment and generators whereby it could operate indefinitely
without receiving outside electrical power.
` WESTERN MASSACHUSETTS ELECTRIC COMPANY 197
companies, a `radio broadcasting station, and a post office, as well
as manufacturers who sell products in interstate commerce, use and
are dependent upon electrical energy supplied by the Company. A
cessation or interruption of the Company's business, such as would
tend to accompany labor disputes between the Company and its
employees (1) would affect the flow of electrical energy and a large
quantity of other commodities received by the Company in inter-
state commerce; and (2) would burden and obstruct not only the
operations of various instrumentalities of interstate transportation
and communication but also the operation of the businesses served
by the Company with power which manufacture and ship com-
modities in interstate commerce.10
II. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical `Yorkers, Local • Union
#761, is a labor organization affiliated with the American Federa-
tion of Labor. It admits to membership employees of the re-
spondent in its line and meter departments.
III. THE UNFAIR LABOR PRACTICES
The refusal to'bargain collectively
1. The appropriate unit
On June 6, 1940, we issued a Decision and Direction of Election
in which we found that the employees of the respondent in its line
and meter departments at Greenfield, Amherst, Easthampton, South
Deerfield, and Gardners Falls, Massachusetts, including linemen,
groundmen, truck drivers, cable splicers and helpers, lamp trimmers,
meter readers, meter installers, meter testers, operators, and helpers,
but excluding executives, supervisory employees, line foremen, meter-
10 The evidence shows that some of the concerns supplied with power by the Company
have emergency equipment or could find substitute sources of power. In regard to this
circumstance , see Matter of Southern California Gas Company and Utility Workers
Organizing Committee , Local No. 132, 10 N. L. R. B. 1123, where we said : ,
The Company 's chief contention that a labor difficulty which completely tied up
the operations of the Company would not necessarily result in a complete cessation
of the operations of its consumers may be granted without thereby conceding that
the Board lacks jurisdiction . For It is not necessary for a labor dispute to result
in a complete paralysis or cessation of activities in order to affect, burden ; obstruct,
or impede the free flow of interstate commerce . The dislocation of the activities
of an industrial area falling short of a complete paralysis cannot be regarded as
trivial , or as an effect on commerce so slight as not to be within the, power of
Congress to prevent.
Cf. N. L R B. V. Bradford Dyeing Association (U S. A.), 310 U. S 318, rev 'g 106 F.
(2d) 119 (C. C. A..1) and enf'g Matter of Bradford Dyeing Association ( U. S. A.) and
Textile Workers ' Organizing Committee of the C. 1. 0., 4 N. L. R. B. 604.
198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
department foremen, trouble and meter-district employees, radio-
interference employees, stockroom employees, garage employees, line-
department clerks, and meter-department clerks, constituted a unit
appropriate for purposes of collective bargaining.",
We find that the above unit at all times material herein constituted
and now constitutes a unit appropriate for the purposes of collective
bargaining and that said unit will afford to said employees the full
benefit of their right to self-organization and collective-'bargaining
and otherwise effectuate the policies of the Act.
2. Representation by the Union of a majority in the appropriate unit
In our Decision and Direction of Election, we directed that an
election by secret ballot be held among the employees of the respond-
ent in the aforesaid appropriate unit. An election was held on June
27, 1940, and the Union received a majority of the votes cast. On
the basis of the results of the election, the Board, on July 12, 1940,
certified the Union as the exclusive representative of the employees
in the appropriate unit.12
We find that on July 12, 1940, and at all times thereafter, the
Union was the duly designated representative of a majority of the
employees in the appropriate unit and, by virtue of Section 9 (a) of
the Act, was on that date, and at all times thereafter, the exclusive
representative of all employees in said unit for the purposes of col-
lective bargaining in respect to wages, rates of pay, hours of employ-
ment, and other conditions of employment.
3. The refusal to bargain
On August 15, 1940, an International Representative of the Union
wrote, to the respondent as follows :
At an election conducted by the National Labor Relations
Board it was determined that a majority of your employees in
the line, meter, cable and operatinb departments designated the
International Brotherhod of Electrical Workers to be their
representative for the purpose of collective bargaining.
We hereby request a conference in order that we may start
negotiations for a signed agreement.
May we hear from you as soon as possible?
The respondent replied on' August 20, 1940, as follows :
We do not recognize that your organization has been duly
certified as a bargaining agent for the employees stated in your
"Matter of Western Massachusetts Electric Company and International Brotherhood of
Electrical Workers, Local Union #761, (A. F. L ) 24 N L R B 433
12 25 N L. R B. 334
WESTERN_ MASSACHUSETTS ELECTRIC COMPANY 199
letter of the fifteenth * * - * for we believe that the National
Labor Relations Board has no jurisdiction in this matter.
We therefore decline your request -for a conference.
In view of our finding in our Decision and Direction of Election
with respect to commerce, as well as our finding in Section IV below,
we find that the reason advanced by the respondent for its refusal
to bargain with the Union is without merit.
We find that on and after August 20, 1940, the respondent refused
to bargain collectively with the Union as the exclusive representative
of its employees in the appropriate unit in respect to wages, rates
of pay, hours of employment, and other conditions of employment,
and thereby interfered with,_ restrained, and coerced its employees in
the exercise of rights guaranteed by Section 7 of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
We find that the activities of the respondent set forth in Section
III above, occurring in connection with the operations of the re-
spondent described in Section I above, have a close, intimate, and
substantial relation to trade, traffic, and commerce among the sev-
eral States and tend to lead to labor disputes burdening and obstruct-
ing-commerce and the free flow of commerce.
V. THE REMEDY
Having found that the respondent has engaged- in unfair labor
practices we shall order it to cease and desist therefrom; and in order
to effectuate the purposes and policies of the Act, we shall, in aid of
our cease and desist order, require the respondent, upon request, to
bargain collectively with the Union as the exclusive representative
of all the employees in the appropriate unit.
Upon the basis of the foregoing findings of fact and upon the
entire record in the case, the Board makes the following :
CONCLUSIONS OF LAW '
1. International Brotherhood of Electrical Workers, Local Union
#761, is a labor organization within the meaning of Section 2 (5) of
the Act.
2. All the respondent's employees in its line and meter depart-
ments at Greenfield, Amherst, Easthampton, South Deerfield, and
Gardners Falls, Massachusetts, including linemen, groundmen,,truck
drivers,, cable splicers and helpers, lamp trimmers, meter readers,
meter installers, meter testers, operators, and helpers, but excluding
executives, supervisory employees, line foremen, meter-department
`ZOO DECISIONS, OF NATIONAL LABOR 'RELATIONS BOARD ,
foremen, trouble and meter-district employees, radio-interference em-
ployees, stockroom employees, garage employees, line-department
clerks, and meter-department clerks, at all times material herein con-
stituted and now constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
3. International Brotherhood of Electrical Workers, Local Union
#761, is, and at all times since July 12, 1940, has been the exclusive
representative of all the employees in such unit for the purposes. of
collective bargaining, within the meaning of Section 9 (a) of the Act.
4. By refusing and continuing to refuse to bargain collectively
with International Brotherhood of Electrical Workers, Local Unioii
#761, as the exclusive representative of all employees in such unit,
the respondent has engaged in and is engaging in unfair labor prac-
tices, within the meaning of Section 8 (5) of the Act.
5. By interfering' with, restraining, and coercing its employees in
the exercise of the rights guaranteed in Section 7 of the Act, the
respondent has engaged in and is engaging yin unfair labor practices,
within the meaning of Section 8 (1) of the Act.
6. The aforesaid unfair labor practices are unfair labor practic-s
affecting commerce, within the meaning of Section 2 (6) and (7)
of the Act.
ORDER,
Upon the basis 'of the above findings of fact and conclusions of
law, and pursuant to Section 10 (c) of the National Labor Relations
Act, the National Labor Relations Board hereby orders' that the re-
spondent, Western Massachusetts Electric Company, Greenfield,
Massachusetts, and its officers, agents, successors, and assigns, shall':
1. Cease and desist from :
(a) Refusing to bargain collectively with International Brother-
hood of Electrical Workers, Local Union #761, as the exclusive repre-
sentative of all its employees in its line and meter departments at
Greenfield, Amherst, Easthampton, South Deerfield, and Gardners
Falls, Massachusetts, including linemen, groundmen, truck drivers,
cable splicers and helper's, lamp trimmers, meter readers, meter in-'
stallers, meter testers, operators, and helpers, but excluding execu-
tives, supervisory employees, line foremen, meter-department fore-
men, trouble and meter-district employees, radio-interference em-
ployees, stockroom employees, garage employees, line-department
clerks, .and meter-department clerks;
(b) In any other manner interfering with, restraining, or coercing
its employees in the exercise of their rights to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing and to engage in con-
WESTERN MASSACHUSETTS ELECTRIC COMPANY 201
certed activities for the purposes of collective bargaining, or other
mutual aid or protection as guaranteed in Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the, policies of the Act :
(a) Upon request , bargain collectively with International Brother-
hood of Electrical Workers, Local Union #761, as the exclusive rep-
resentative of all its employees iii its line and meter departments at
Greenfield , Amherst, Easthampton , South Deerfield , and Gardners
Falls, Massachusetts , including linemen, groundmen , truck drivers,
cable splicers and helpers , lamp trimmers , meter readers , meter in-
stallers; meter testers, operators , and helpers , but excluding execu-
tives, supervisory employees , line foremen , meter-department fore-
men; trouble ' and meter-district employees , radio-interference em-
ployees, stockroom employees , garage ' employees , line-department
clerks, and meter-department clerks, in respect to • rates of pay , wages,
hours of employment , and other 'conditions of employment; ,
(b) Post immediately in conspicuous places at its various plants
and maintain for a period of at least sixty ( 60) days from the date
of posting , notices to its employees stating ( 1) that the respondent
will not engage in the conduct from which it is ordered to cease and
desist in paragraph 1 (a) and (b) of this Order; and (2) that the
respondent will take the affirmative . action set forth in paragraph 2
(a) of this Order;
(c) Notify the Regional Director for the First Region in writing
within ten ( 10) days from the date of this Order what steps the
respondent , has taken to comply herewith.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of
the above Decision and Order.