Merchants Fire Dispatch

National Labor Relations Board - Board Decisions

May 24, 1949

83 N.L.R.B. 788 (N.L.R.B. 1949)

In the Matter Of MERCHANTS FIRE DISPATCH , EMPLOYER and SEA-
FARERS, GUARDS & WATCHMEN'S UNION, Los ANGELES BRANCH, SEA-
FARERS INTERNATIONAL UNION OF NORTH AMERICA, A. F. L., PE-
TITIONER
Case No. 21-RC-233.-Decided May 24,1949
DECISION
AND
ORDER
Upon separate.petitions duly filed, a consolidated hearing was held
before Eugene Mathew Purver, hearing officer of the National Labor
Relations Board.' The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named herein claim to represent em-
ployees of the Employer.
3. No question affecting commerce exists concerning the represen-
tation of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasolis : 2
The Employer, a guard service corporation, is engaged in supply-
ing guard services to local industrial concerns, retail establishments,
and private parties. It supplies guards to industrial plants and oper-
1 On October 25, 1948, the Board consolidated the instant case with Matter of Merchants
Fire Dtispatch, Case No. 21-RC-371 , filed by American Federation of Guards , Local 1, and
Matter of Merchants Fire Dispatch , Case No. 21-RD-26, filed by Lawrence C. White, an
individual American Federation of Guards , Local 1, the petitioner in Case No . 21-RC-371,
appeared at the hearing and requested permission to withdraw its petition. The motion is
hereby granted . White, the petitioner in Case No . 21-RD-26, although served with notice,
did not appear at the hearing. We construe White's non -appearance as a disclaimer of
interest and, therefore, dismiss the petition in Case No . 21-RD-26. Case No. 21-RC-371
and Case No . 21-RD-26 are accordingly severed from the instant case.
3 The Employer and Local 193, Building Service Employees International Union, the
Intervenor , contend that a contract between them was automatically renewed and is a bar
to the instant petition . The contract contains an invalid provision for maintenance of
membership . For this reason, and without regard to other considerations, we find that
the contract, even if renewed, cannot serve as a bar to the instant petition . See Matter
of Laurel Textiles , Inc., 80 N . L. R. B. 262, and cases cited therein.
83 N. L. R. B., No. 120.
788
MERCHANTS FIRE DISPATCH 789
ates patrol routes for the purpose of guarding the business premises,
and occasionally the homes of its customers. The Employer em-
ploys 20 men, approximately 5 of whom are engaged in guard activities
on the plant premises, and approximately 15 of whom patrol estab-
lished beats. The 5 employees are stationed on the customer' s premises
where they enforce company rules, indicate infractions of such rules,
direct traffic, and guard property against fire and theft. The 15
employees assigned to patrol duty check the places of business of their
Employer's customers to determine that no attempt has been, or is
being, made to break into them. All these employees are armed, wear
uniforms, and are deputized by the Police Department of the City of
Los Angeles.
Section 9 (b) of the Act provides that no labor organization may
be certified as the representative of guards if it admits employees
other than guards to membership. Under this section, the term
"guard" applies to "an individual employed as a guard to enforce
against employees and other persons rules to protect property of the
employer or to protect the safety of persons on the employer's
premises."
We find that these employees are guards within the meaning of
the Act for the reasons set forth in our recent decision in American
District Telegraph Company.3 Inasmuch as the Petitioner admits
to membership employees other than guards, Section 9 (b) requires
the dismissal of the instant petition for certification as bargaining
representative of a unit of guards.
ORDER
Upon the basis of the foregoing findings of fact, and' upon the
entire record in the case, the National Labor Relations Board hereby
orders that the petition for investigation and certification of repre-
sentatives of employees of the Employer, filed herein by Seafarers,
Guards and Watchmen's Union, Los Angeles Branch, Seafarers Inter-
national Union of North America, A. F. L., be, and it hereby is,
dismissed.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Order..
'Matter of American Di8trict Telegraph Company, 83 N. L R. B . 517. Board Member
Houston is of a contrary view for the reasons set forth in his dissenting opinion in the
foregoing case but considers himself bound by the majority holding therein . See also
Matter of Young Patrol Service , 75 N. L . R. B. 404.
844340-50-vol. 83-51