Bulletin Co.

National Labor Relations Board - Board Decisions

Aug 5, 1949

85 N.L.R.B. 568 (N.L.R.B. 1949)

In the Matter of BULLETIN COMPANY ( HOMEMAKERS CENTER), EM-
PLOYER and LOCAL JOINT EXECUTIVE BOARD OF PHILADELPHIA, HOTEL
& RESTAURANT EMPLOYEES AND BARTENDERS INTERNATIONAL UNION,
A. F. L., LOCAL 111 AND LOCAL 301, PETITIONER
Case No. 4-RC-4115.Dcided August 5,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before John H. Garver,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Murdock].
Upon the entire record in this case, the Board finds:
1. The Employer, a Pennsylvania corporation, publishes and dis-
tributes a daily newspaper in Philadelphia. It also owns and oper-
ates a radio station and a Homemakers Center. The Homemakers
Center, which is the only operation herein involved, is separately lo-
cated on premises leased by the Bulletin Company, and is operated for
its promotional and advertising value to the Employer. The Center
maintains a restaurant and display booths. Women's clubs from the
Philadelphia area and nearby points in New Jersey and Delaware
arrange luncheons at the Center, for which they pay no fees. Nation-
ally advertised foods, which the Center obtains free, are served, and
appropriate credits are set forth on the luncheon menus. The women
visit the booths, which are rented by large companies from all over
the United States for the display or demonstration of their products.
The entire revenue of the Center, which has fluctuated between $70,000
and $120,000 annually, is derived from the rental of the booths.
The Employer concedes that it is engaged in commerce as a pub-
lisher and broadcaster, but neither concedes nor denies that the Board
has jurisdiction over the operations conducted at the Center, taking
the position that these activities are separate and distinct and that
85 N.L. R. B., No. 101.
568
BULLETIN COMPANY 569
their effect upon interstate commerce should be considered separately.'
On the basis of the entire record, we find that the Employer's various
operations,are closely integrated and conducted as a single enterprise,
and, further, that the operation of the Center itself affects commerce
within the meaning of the Act.
2. The Petitioner is a labor organization claiming to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. In accordance with the agreement of the parties, we find that
the appropriate unit consists of all dining room and kitchen employees
at the Employer's Homemaking Center in Philadelphia, Pennsyl-
vania, including waitresses, cooks, utility girls, and dishwashers, but
excluding administrative employees, hostesses, porters, maintenance
'employees, and supervisors.
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible , but not later than
30. days from the. date of the reopening of the Homemakers Center in
September,3 under the direction and supervision of the Regional Di-
rector for the Region in which this case was heard , and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations , among the employees in the unit found appropriate
in paragraph numbered 4 , above, who were employed during the pay-
roll period immediately preceding the date of this Direction of Elec-
tion , including employees who did not work . during said pay-roll
period because they were ill or on vacation or temporarily laid off,
but excluding those employees who have since quit or been discharged
for cause and. have not been rehired or reinstated prior to the date of
the election, and also excluding employees on strike who are not en-
titled to reinstatement , to determine whether or not they desire to be
represented , for purposes of collective bargaining , by Local Joint Ex-
ecutive Board of Philadelphia , Hotel & Restaurant Employees and
Bartenders International Union, A. F. L.; Local 111 and Local 301.
The Petltiop r•hadtoriginally filed a petition with the Pennsylvania Labor Relations
;Board. On March 7, 1949, that board dismissed the, petition for lack of jurisdiction.
2 The compliance' status of the Petitioner has lapsed since the'hearing in this matter.
In the event that it fails to renew its compliance with Section 9 (f), (g), and (h) within
2 weeks from the date of this direction, the Regional Director is to advise the Board to
that effect. No election shall. be conducted unless and until' compliance has been renewed.
The Homemakers Center closes for the summer.