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N.L.R.B. v. HOLYOKE WATER POWER CO.

No. 85-1226.

778 F.2d 49 (1985)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOLYOKE WATER POWER COMPANY, Respondent. Local 455, International Brotherhood of Electrical Workers, AFL-CIO, Intervenor.

United States Court of Appeals, First Circuit.

Decided November 27, 1985.

Attorney(s) appearing for the Case

Linda Dreeben with whom Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C., were on brief for petitioner.

Jason Berger, P.C. with whom Peabody & Brown, Boston, Mass., was on brief for respondent.

James O. Hall, Boston, Mass., for intervenor.

Donald R. Crowell, II, Linda E. Rosenzweig, Pepper, Hamilton & Scheetz, Stephen A. Bokat and Nat. Chamber Litigation Center, Inc., Washington, D.C., on brief for Chambers of Commerce of the United States, Amicus Curiae.

Michael H. Gottesman, Jeremiah A. Collins, David M. Silberman, Laurence Gold and Laurence Cohen, Washington, D.C., on brief for American Federation of Labor and Congress of Indus. Organizations, Amicus Curiae.

Before COFFIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and WISDOM, Senior Circuit Judge.

WISDOM, Senior Circuit Judge:

The issue in this case is whether an employer must allow a non-employee union representative into its plant to measure noise levels in a particularly noisy room. We conclude that the union's representative is entitled to access to the room.

I.

Holyoke Water Power Company operates the Mt. Tom power plant. One room of the plant contains two large fans that force air into the plant's burners. This "fan room" is extremely...

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