ARA Services, Inc.

National Labor Relations Board - Board Decisions

Apr 30, 1973

203 N.L.R.B. 407 (N.L.R.B. 1973)

ARA SERVICES, INC.
ARA Services, Inc. and Service Employees Interna.
tional Union , Local 82, AFL-CIO, Petitioner. Case
5-RC-8277
April 30, 1973
DECISION AND DIRECTION OF ELECTION
BY CHAIRMAN MILLER AND MEMBERS JENKINS
AND KENNEDY
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer William I. Shooer.
Following the hearing and pursuant to Section 102.67
of the National Labor Relations Board Rules and
Regulations and Statements of Procedure, Series 8, as
amended, by direction of the Regional Director for
Region 5, this case was transferred to the National
Labor Relations Board for decision. Thereafter, the
Employer filed a brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has reviewed the Hearing Officer's rul-
ings made at the hearing and finds that they are free
from prejudicial error. The rulings are hereby af-
firmed.
Upon the entire record in this case, the Board finds:
1. The Employer is a Delaware corporation with
its principal office located in Philadelphia,' Pennsyl-
vania. It provides food services at various institutions
throughout the United States with gross revenues in
excess of $500,000 annually. Only the services provid-
ed at the National Lutheran Home for the Aged in the
District of Columbia are involved herein. At such
place it receives goods from outside the District of
Columbia in excess of $5,000 annually.
The Employer contends that the Board should de-
cline to assert jurisdiction herein in view of the close
407
and intimate relationship between Employer and the
National Lutheran Home for the Aged which it con-
tends is a church owned, operated, and controlled
institution which operates the home on a nonprofit
and noncommercial basis in connection with and in
furtherance of its broad basic religious objectives. We
have recently considered this contention in The Na-
tional Lutheran Home for the Aged.2 We there decided
that the Home was not an institution over which we
would refuse to assert jurisdiction. As the only reason
for refusing to assert jurisdiction over the Employer is
its relationship to the home, we find that it will effec-
tuate the purposes of the Act to assert jurisdiction
over the Employer's operations at the home?
2. The labor organization involved claims to repre-
sent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
Employer within the meaning of Sections 9(c)(1) and
2(6) and (7) of the Act.
4. The parties have stipulated, and we find, that the
following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act:
All full-time and regular part-time food service
employees employed by the Employer at the Na-
tional Lutheran Home for the Aged, Washing-
ton, D.C., including cooks, food service workers,
kitchen employees, store room employees, cafe-
teria employees, general food service truck driv-
ers, and lead employees but excluding office
clerical employees, professional employees,
guards and supervisors as defined in the Act.
[Direction of Election and Excelsior footnote omit-
ted from publication.]
t The Employer moved that the record transcript be corrected in certain
respects. In the absence of objections , the motion is granted.
203 NLRB No. 71.
3 The Board asserts jurisdiction on a plenary basis within the District of
Columbia. M.S. Ginn & Company, 114 NLRB 112; The Westchester Corpora-
tion, 124 NLRB 194; Herbert Harvey, Inc, 159 NLRB 254.
203 NLRB No. 70