3rd Circ. Says NJ Utility Must Bargain With System Operators

By Dorothy Atkins (July 7, 2021, 9:19 PM EDT) -- The Third Circuit on Wednesday enforced a National Labor Relations Board ruling finding that a New Jersey public utility violated the National Labor Relations Act by refusing to bargain with a unit representing the company's system operators.

In a precedential 31-page opinion, a unanimous three-judge panel rejected Atlantic City Electric Co.'s arguments that system operators, who oversee and remotely control the company's transmission system, are supervisors not entitled to NLRA protections.

"Because the board's determination that the system operators are not supervisors within the meaning of the act is supported by substantial evidence, we will deny the company's petition for review...

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