Associated Cleaning Contractors, Inc.

National Labor Relations Board - Board Decisions

Jul 31, 1970

184 N.L.R.B. 731 (N.L.R.B. 1970)

ASSOCIATED CLEANING CONTRACTORS, INC. 731
Associated Cleaning Contractors , Inc. and Team-
sters Local Union 612, affiliated with Interna-
tional Brotherhood of Teamsters , Chauffeurs,
Warehousemen & Helpers of America , Petitioner.
Case 10-RC-8008
July 31, 1970
DECISION ON REVIEW
BY MEMBERS FANNING, BROWN , AND JENKINS
On February 18, 1970, the Acting Regional
Director for Region 10 issued his Supplemental
Decision and Certification of Representative in the
above-entitled proceeding, in which he overruled in
their entirety the Employer's objections to an elec-
tion hereinbefore held on January 6, 1970.'
Thereafter, pursuant to National Labor Relations
Board Rules and Regulations, the Employer timely
filed a request for review in which it contended,
inter alia , that the Acting Regional Director erred
in failing to consider an offer of proof submitted by
the Employer in support of its contention that the
National Labor Relations Board should decline to
assert jurisdiction herein.'
By telegraphic Order dated June 3, 1970, the Na-
tional Labor Relations Board granted the request
for review as to the objections involving the ju-
risdictional issue and denied it in all other respects.
Thereafter the parties filed briefs on review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
Board has delegated its powers in connection with
this case to a three-member panel.
The Board has considered the entire record in
this case, including the briefs on review and the
Petitioner's brief, and makes the following findings
of fact:
The Regional Director, in his Decision and
Direction of Election hereinbefore issued, based his
assertion of jurisdiction over the Employer, in part,
on his finding that the janitorial services which it
performed were not so intimately related to the
educational activities of the University of Alabama
as to entitle it to share the latter's exemption from
the Board's jurisdiction. He further found that the
Employer's contention that the University is a joint
employer of the employees involved was unsup-
ported by the record. The Board denied the Em-
ployer's request for review of the Regional
Director's Decision.
The Acting Regional Director, in his Supplemen-
tal Decision and Certification of Representative
concluded that Objections 1, 2, 3, 6, and 7 raised
jurisdictional issues which had previously been
resolved. We granted the Employer's request for
review of the Acting Regional Director's disposition
of these objections because of the Employer's con-
tention that no consideration had been given to an
offer of proof previously submitted to the Regional
Director on the question of joint employer earlier
raised.
We have examined the Employer's offer of proof
and rejected it for the following reasons:
Assuming without deciding that the offer of proof
establishes that the University shares in controlling
the activities of the janitorial employees involved,
we are satisfied, upon the record herein, that the
Employer retains sufficient control over the em-
ployment conditions of unit employees to enable it
to bargain effectively should the employees select
the Petitioner as their representative.3
Accordingly, we agree with the Regional
Director's assertion of jurisdiction herein and his
Supplemental Decision and Certification of
Representative, as modified above, is hereby af-
firmed on review, except that the effective date of
the Petitioner's certification shall be the date of is-
suance.
' The tally shows that of approximately 153 eligible voters , 107 cast bal-
lots for , and 24 against , the Petitioner Three ballots were challenged, none
void
' The Employer also filed two supplemental briefs
' See Herbert Harvey, Inc , 171 NLRB 238
184 NLRB No. 96