NLRB v. NSTAR Elec. & Gas Co., No. 14-1622 (1st Cir. 2015)
Annotate this CaseThe National Labor Relations Board entered an order requiring NSTAR Electric Company, an electric and gas company, to bargain with a Union that seventeen of the company’s dispatch-center workers voted to join. The Board filed an application in the First Circuit to enforce that order. NSTAR filed a cross-petition for review, contending that the electrical workers’ responsibilities made them either “supervisors” or “manager[s]” rather than “employees,” and therefore, the National Labor Relations Act, which requires a company to bargain with a union that represents “employees” of that company, did not protect the workers’ right to have the Union represent them. The First Circuit granted the Board’s petition to enforce the Board’s order and denied the company’s cross-petition for review, holding that substantial evidence supported the Board’s finding that the NSTAR failed to show that the workers were either supervisors or managers, even though the workers were highly skilled and charged with critical tasks.
The court issued a subsequent related opinion or order on August 19, 2015.
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