Civilian Cafeteria Board

National Labor Relations Board - Board Decisions

Jul 17, 1953

106 N.L.R.B. 208 (N.L.R.B. 1953)

208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in behalf of the 2 companies and the CIO.' As Des Moines
has participated in joint bargaining together with the Bookey
company for 15 years, we find that a multiemployer unit
including employees of both companies has been established.,
The record does not show that the Des Moines company
has taken the steps required for severance of its employees
from the multiemployer unit, nor that it has indicated an
intent to abandon its practice of bargaining jointly with its
parent corporation. The only reason why it terminated its
last interim agreement with the CIO was the doubt as to the
CIO's representative status raised by the claim of the Inde-
pendent. At the hearing, Des Moines also evidenced no intent
to pursue a course of individual action with regard to its
labor relations. On the contrary, it declared itself neutral
in the conflict between the two unions concerning the appro-
priateness of a single or multiemployer unit. Under the
circumstances, we believe that the above bargaining history
is controlling in determining the appropriate unit in this
proceeding, and we therefore find that a unit limited to the
Des Moines plant's employees is now inappropriate. Accord-
ingly, as the unit described in the instant petition is too limited
in scope and therefore inappropriate, we shall dismiss the
petition.
[The Board dismissed the petition.]
2 Bethlehem Fairfield Shipyard, incorporated, 58 NLRB 579.
,Atlas Storage Division, supra.
CIVILIAN CAFETERIA BOARD and COOKS AND PASTRY
COOKS ASSOCIATION, LOCAL 186, HOTEL AND RESTAU-
RANT EMPLOYEES AND BARTENDERS INTERNATIONAL
UNION, AFL, Petitioner. Case No. 1-RC-3212. July 17, 1953
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before Robert
S. Fuchs, 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 [Members
Houston, Styles, and Peterson].
Upon the entire record in this case, the Board finds:
The Petitioner seeks to represent employees of Civilian
Cafeteria Board, herein called CCB, in an appropriate col-
lective -bargaining unit. CCB contends that the petition should
be dismissed, on the ground that CCB is not an employer as
defined in Section 2 (2) of the Act, as amended, and that the
Board is therefore without jurisdiction in this case.
106 NLRB No 39.
CIVILIAN CAFETERIA BOARD . 209
CCB, a nonprofit organization , operates a cafeteria for
civilian employees at the Boston Naval Shipyard , herein
called the Shipyard , under general authorization by the United
States Department of the Navy .' CCB makes and amends
its own bylaws , subject to the approval of the commanding
officer . The commanding officer of the Shipyard created CCB
by his own order, is in general control of its organization
and operations , and may dissolve it upon his own authority.
CCB consists of 4 board members , 3 of whom are annually
appointed by the commanding officer from 5 nominations
submitted , by the civilian personnel policy advisory committee
of the Shipyard Employees Welfare Association , which formerly
handled cafeteria operations at the Shipyard. The fourth
board member is the industrial relations assistant at the
Shipyard . These individuals are shipyard employees under
Federal Civil Service . They receive no extra compensation
for their services as members of the Board.
The Department of the Navy provides space for the cafe-
teria.2 CCB pays for the light , heat, and power consumed
by the cafeteria , provides insurance for the premises, bonds
its members and the cafeteria employees , and pays the latter
workmen's compensation . CCB owns the cafeteria chinaware,
silverware , and kitchen utensils . The cafeteria fixtures are
the property of the Department of the Navy.
For the operation of the cafeteria , CCB hires a cafeteria
manager; compensates her and the cafeteria employees
hired by her ; determines the rates of pay and vacations for
cafeteria employees ; deducts from their pay Federal social-
security payments, Federal income - tax withholdings , and State
unemployment compensation fund payments , forwarding checks
for these amounts to the appropriate agencies ; and submits
to the commanding officer for his approval monthly reports of
cafeteria operations.
The cafeteria manager, as supervisor , hires and discharges
the approximately 70 cafeteria employees , all of whom are
recruited from outside the Shipyard . She is responsible for the
routine management of the cafeteria . She buys meat and
groceries from local outside firms . All food is consumed in
the cafeteria.
Under the above circumstances, we conclude that the facts
relative to the status of CCB as an employer within the mean-
ing of the Act approximate those relative to Pentagon Post
Restaurant Council in an earlier case, which the Board held
to be an agency of the United States Government, rather than
an independent contractor , and therefore not an employer within
i Navy Civilian Personnel Instruction No. 65, Section 4, provides, in part: "It is the policy
of the Department of the Navy to make available to employees such assistance and facilities
as are necessary so that they may provide for themselves in-plant food service where
necessary and practicable "
2 Whether or not the Department of the Navy assumes losses arising from the operation
of the cafeteria is not clear. Naval Civilian Personnel Instruction 65, Section 4, provides
that where CCB operates under contract with a concessionaire, the contract "shall not
obligate funds of the United States or otherwise bind the Government "
2 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the meaning of the Act.3 We therefore find that Civilian
Cafeteria Board is not an employer within the meaning of Sec-
tion 2,.(2) of the Act, and we shall therefore dismiss the instant
petition.
[The Board dismissed the petition]
3 National Food Corporation, 88 NLRB 1500.
CLAY & BAILEY MANUFACTURING COMPANY and MORGAN
FOUNDRY COMPANY and INTERNATIONAL ASSOCIATION
OF MACHINISTS, DISTRICT LODGE NO. 71, AFL, Petitioner.
Case No. 17-RC-1590. July 17, 1953
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Cyrus A.
Slater, 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 Act, the
Board has delegated its powers in connection with this case
to a three-member panel,[Members Houston, Murdock, and
Peterson].
Upon the entire record in this case, the Board finds:
1. The Employers are engaged in commerce within the
meaning of the Act.
2. The labor organizations involved claim to represent
certain employees of the Employers.
3. A question affecting commerce exists concerning the
representation of employees of the Employers within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the
Act.
4. The main issue in this case goes to the scope of the
unit. The Petitioner requests a multiemployer unit of the
production and maintenance employees of the Clay & Bailey
Manufacturing Company, herein called Clay & Bailey, and
of the Morgan Foundry Company, herein called Morgan
Foundry. International Molders and Foundry Workers Union
of North America, AFL, herein called the Molders, seeks to
represent only the Morgan Foundry employees. The two
Employers, in agreement with the Molders, contend that
only separate units for each company are appropriate.
Clay & Bailey is a machine shop engaged in the manufacture
and sale of plumbing specialties, oil equipment, and special
equipment for the storage, transportation, and marketing of
petroleum products. Morgan Foundry is a foundry engaged in
the manufacture and sale of gray iron castings made from
customers' patterns. Each company is a separate Missouri
corporation. Clay & Bailey purchases approximately 10 to 15
106 NLRB No. 40.