NASA Exchange-MSC Exchange Council

National Labor Relations Board - Board Decisions

Sep 21, 1964

148 N.L.R.B. 1190 (N.L.R.B. 1964)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
those of other terminal employees.' Accordingly, as no question con-
cerning representation of these employees exists, we shall dismiss
the petition.
[The Board dismissed the petition filed herein.]
2 See General Petroleum Corporation, 83 NLRB 514.
NASA Exchange-MSC Exchange Council I and General Drivers;
Warehousemen and Helpers Local Union No. 968, affiliated
with the International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America , Petitioner. Case No.
23-RC-2265. September 21, 1964
DECISION AND ORDER
Upon a petition duly filed under Section 9(c) of the National Labor
Relations Act, a hearing was held before Hearing Officer C. L. Ste-
phens. 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 McCulloch and Members
Leedom and Brown].
Upon the entire record in this case the Board finds :
The Petitioner and Intervenor' seek to represent the cafeteria em-
ployees of the Employer. The Employer raised a question at the
hearing whether the operation here involved was an employer within
the meaning of the Act or a Government instrumentality, and re-
quested a Board determination of this matter.
The director of the Manned Spacecraft 'Center in Houston estab-
lished the Exchange Council in July 1962, by a directive-which-de-
scribed it "as a Government instrumentality and entitled to all the
immunities and privileges of a Government instrumentality," and
stated that its objective was "to establish and operate activities which
will contribute to the efficiency, welfare and morale of the MSC per-
1 The name of the Employer appears as amended at the hearing . The record shows that
this is an abbreviated identification of National Aeronautics and Space Administration
Exchange -Manned Spacecraft Center Exchange Council.
2 Hotel and Restaurant Employees and Bartenders International Union , AFL-CIO, Local
Union No 251, herein referred to as the Intervenor , was permitted to intervene on the
basis of a showing of interest.
148 NLRB No. 129.
NASA EXCHANGE-MSC EXCHANGE COUNCIL 1191
sonnel." The Exchange Council is composed of seven MSC employees
appointed by the director, who serve at his pleasure, one of whom is
designated as supervisor of the Exchange Council. This supervisor is
authorized to hire all personnel necessary for the operation of the
Exchange Council, who become, accord pg•to the.directive, employees
of the Exchange Council. All Exchange Council employees are re-
quired to meet the established loyalty and security standards for
NASA, and are examined by an MSC doctor at no expense to the Ex-
change Council. The Exchange Council pays all applicable Federal
and local taxes on the cafeteria operation and also makes the social
security and workmen's compensation payments.
Pursuant to.the :above-mentioned directive, the Exchange Council
operates vending machine services and organizes social and athletic
activities. On February 10, 1964, it established the cafeteria here in-
volved." The 'cafeteria- is housed in a Goveriil'nent-owned-building.
All its fixtures were purchased with NASA funds and remain the
property of the United States Government. The Exchange Council
hired a manager, who directs the cafeteria operations; purchases the
necessary foodstuffs, all of which are consumed in the cafeteria; and
has authority to hire and discharge employees, subject to the approval
of the supervisor of the Exchange Council. In addition to the man-
ager and an assistant manager, there are 31 cafeteria employees. The
salaries of the cafeteria personnel are paid by the Exchange Council.
The revenues from the cafeteria operation become part of the Ex-
change Council funds, -and would, as provided in the directive estab-
lishing the Exchange Council, revert to the United States Government.
in the event the cafeteria was discontinued.
On the issue of the status of the Exchange Council as an employer
within the meaning of the Act, this case is analogous to that of Civilians.
Cafeteria Board, 106 NLRB 208, where the Board found the cafeteria
board to be a Government instrumentality, and therefore, not an em-
ployer within the meaning of the Act.' Accordingly, and upon the,
entire record, we find that the Exchange Council is not an employer
within the meaning of Section 2 (2) of the Act, and we shall therefore
dismiss the instant petition.
[The Board dismissed the petition filed herein.]
3 See also National Food Corporation, 88 NLRB 1500. The Petitioner contends, in its
brief, that that case insofar as it related to the Pentagon Post Restaurant Council, one of
the two employers named , and Civilian Cafeteria Board, supra, are distinguishable on the
ground that they involved military installations . We find no merit in this contention as
the issue in those cases was whether the agencies were Government instrumentalities, not
whether they were civilian or military agencies.