Navy Yard Cafeteria

National Labor Relations Board - Board Decisions

Jun 24, 1942

41 N.L.R.B. 1230 (N.L.R.B. 1942)

In the Matter of H. K. DICKSON, AN INDIVIDUAL DOING BUSINESS AS
NAVY YARD CAFETERIA and UNITED CAFETERIA EMPLOYEES, LOCAL
INDUSTRIAL UNION No. 471'
Case No. R-3884.-Decided June 04, 1942
Jurisdiction : cafeteria industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition; election necessary.
Unit Appropriate for Collective Bargaining : all employees at Company's Navy
Yard cafeterias, including certain named individuals, but excluding em-
ployees performing no manual duties, cashiers, checkers, clerical help, mana-
gers, and supervisory employees having the authority to hire or discharge.
Definitions : individual operating two cafeterias in Navy Yard pursuant to con-
tract with-the Commandant of the Navy Yard, held an employer within the
meaning of the Act.
Mr. Earle K. Sha'we, for the Board.
Mr. Nicolas J. Chase, of Washington, D. C., for the Company.
Mr. Jack Mink and Mr. Richard Bancroft, of Washington, D. C.,
for the United.
Mr. Joseph A. Padway, by Mr. Robert A. Wilson of Washington,
D. C., for the Alliance.
Mr. Louis Cokin, of counsel.to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Cafeteria Employees, Local
No. 471, herein called the United, alleging that a question affecting
commerce had arisen concerning the representation of employees of
H. K. Dickson, an individual doing business as Navy Yard Cafeteria,
Washington, D. C., herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Josef L. Hektoen, Trial Examiner. Said hearing was held
at Washington, D. C., on May 22, 1942. The Board, the Company,'
the United, and Hotel and Restaurant International Alliance, Local
No. 781, herein called the Alliance, appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
41 N L. R. B , No. 225.
1230
NAVY YARD CAFETERIA 1231
witnesses, and to introduce evidence bearing on the issues. During
the course of the hearing counsel for the Company moved to dismiss
the petition on the ground that the Company is not an employer
within the meaning of the National Labor Relations Act. The Trial
Examiner reserved his ruling. For the reasons appearing in Section
I, below, the motion is hereby denied. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby'
affirmed.
On June 5 and 8, 1942, respectively, the Company and the United
filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
H. K. Dickson operates two cafeterias in the Navy Yard, Wash-
ington, District of Columbia, 'pursuant to a contract with' the Com-
mandant of the Navy Yard. All cafeteria equipment is owned by
the United States Government and all employees of the Company
are required to conform to Navy Yard Regulations. Employees of
the Company must be approved by the Commandant before they are
hired and the Commandant has the right to summarily dismiss any
employee of the Company. Employees are interviewed by the owner
of the Company who determines whether or not they have the proper
qualifications. The Company determines the rate of pay given to
the employees and pays unemployment compensation and Social Se-
curity taxes on their salaries. The Company also has the unre-
stricted right to discharge any of its employees. We find that the
Company is the employer of the employees of its cafeterias, within
the meaning of the Act.
The Company receives approximately $3,000 a day in revenue and
during the 12 months', period preceding May 22, 1942, purchased
approximately $400,000 worth of food stuffs, some'of which was
shipped to it from outside the District of Columbia.
II. THE ORGANIZATIONS INVOLVED
United Cafeteria Employees, L- ocal.Union No. 471, is a''labor organ-
ization affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
Hotel and Restaurant International Alliance, Local No. 781, is
a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTIONS CONCERNING REPRESENTATION
On February 20, 1942, the United, claiming to represent a majority
of the Company's employees, requested the Company to recognize it
as the exclusive representative of its employees. The Company did
not reply to this request.
A statement of a Field Examiner of the Board, introduced into
evidence during the hearing, indicates that the United represents
a substantial number of employees in the unit hereinafter found
to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The United urges that all employees at the Navy Yard cafeterias
of the Company, excluding employees who perform no manual duties,
cashiers, checkers, clerical help, managers, and supervisory employees
who have the authority to hire or discharge, constitute an appropriate
unit. The only controversy with respect to the unit concerns the
following 14 named individuals. The United and the Alliance urged
that such employees be included in the unit and the Company that
they be excluded because of their supervisory duties.
Barnes, Barry, Jefferson, Frederick, Hansboraugh, and Jackson.
These employees check to see that the lunch boxes that are delivered
to the Navy Yard employees are properly made up. They perform
manual work as do the persons to whom they give instructions but
receive a slightly higher rate of pay than the other employees. They
make recommendations with respect to efficiency to the proprietor
but she does not always follow their recommendations.
Willie Clay is a meat cutter and also supervises the men who clean
the rest rooms. He works under the supervision of the head butcher
but relays the orders to 5 or 6 other employees. He works all day
long performing manual duties.
Theodore Walters and Robert Mills are classified by the Company
as head chef and chef in charge of kitchen 1, respectively. There
are about 55 employees in the kitchens. They decide whether or
not new employees are capable and should be kept.
'The Field Examiner reported that the United presented 94 membership application,
cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of March 2, 1942 There are approximately 122 employees in the-
unit hereinafter found to be appropriate The Alliance did not present any evidence
of membership but stated that its closed -shop contract with the Company's predecessor
indicated that it has a substantial interest in this proceeding.
NAVY YARD CAFETERIA 1233
Horace Hunt and Theodore Miller are in charge of boys on the
-night shift who carry boxes to the employees of the Navy Yard.
If there is any shortage in food supplies, they report it to the night
manager.
•- Freddie Mansfield and John Robinson are in charge of the making
,of desserts and soups. Each has three employees working with him.
They recommend with respect to inefficiency or misconduct.
Matthew Jackson is head bus boy in the dining room. He has five
,employees -working under him but works right along, with them at
All times.
All the above named employees were covered by a contract between
the Alliance and the Company's predecessor. Under all the circum-
stances, we shall include them all in the unit.
We find that all employees at the Navy Yard cafeterias of the.
Company, including Barnes, Barry, Jefferson, Frederick, Hans-
,borough, Jackson, Willie Clay, Theodore Walters, Robert Mills,
Horace Hunt, Theodore Miller, Freddie Mansfield, John Robinson,
and Matthew Jackson, but excluding employees who perform no
manual duties, cashiers, checkers, clerical help, managers, and super-
visory employees who have the authority to hire or discharge, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The-
United urges that the pay roll of February 20, 1942, the date of its
original claim upon th-e Company, be used to determine eligibility
to vote. The Company urges that a current pay roll be used for
that purpose: The Alliance took no position. In accordance with
our usual practice, we shall direct that the employees of the Company
eligible to vote in the election shall be those in the appropriate unit
who were employed during the pay-roll period immediately preced-
ing the date of the Direction of Election herein, subject to the limi-
tations and additions set forth in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series - 2, as amended, it
is hereby -
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with H. K. Dickson,
463892-42-vol. 41-78
1234 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD
an individual doing business as the Navy Yard Cafeteria, Washing-
ton, District of Columbia, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of
the Regional Director for the Fifth Region, acting in this matter
as agent, for the National Labor Relations Board, and subject to
Article III, Section 9, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV above, who
were employed during the pay-roll period immediately preceding
the date of this Direction, including any such employees who did
not work during such' pay-roll period because they were in or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding any who have since
quit or been discharged for cause, to determine whether they desire
to be represented by United Cafeteria Employees, Local No. 471,
'affiliated with the Congress of Industrial Organizations, or by Hotel
and Restaurant International Alliance, Local No. 781, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining, or by neither.