Pinkerton's Inc.

National Labor Relations Board - Board Decisions

Mar 28, 1968

170 N.L.R.B. 846 (N.L.R.B. 1968)

846 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pinkerton 's Inc. and International Union , United
Plant Guard Workers of America (UPGWA).
Case 8-CA-4721
powers in connection with this case to a three-
member panel.
Upon the entire record in this case, the Board
makes the following:
March 28, 1968
DECISION AND ORDER
By MEMBERS FANNING, JENKINS , AND ZAGORIA
Upon a charge filed by International Union,
United Plant Guard Workers of America, herein
called the Union, the General Counsel of the Na-
tional Labor Relations Board, by the Regional
Director for Region 8, issued a complaint dated
September 25, 1967, against Pinkerton's Inc.,
herein called the Respondent, alleging that the
Respondent had engaged in and was engaging in
unfair labor practices within the meaning of Section
8(a)(5) and (1) of the National Labor Relations
Act, as amended. Copies of the charge, the com-
plaint, and notice of hearing before a Trial Ex-
aminer were duly served upon the Respondent and
the Union.
With respect to unfair labor practices, the com-
plaint alleges, in substance, that on or about August
2, 1967, the Union was duly certified as the exclu-
sive bargaining representative of the Respondent's
employees in the unit found appropriate,' and that
since on or about August 14, 1967, the Respondent
has refused and is refusing to recognize and bargain
with the Union as such exclusive bargaining
representative, although the Union has requested it
to do so. In its answer Respondent admits its refusal
to bargain with the Union as the collective-bargain-
ing representative of its employees.
On December 14, 1967, the Respondent, Union,
and General Counsel submitted a "Stipulation of
Facts." On the same date all the parties petitioned
the Board to transfer the proceedings to the Board.
The parties agree that the charge, complaint and
notice of hearing, answer, and the "Stipulation of
Facts" constitute the entire record in the case, and
that no oral testimony is necessary. The parties
further stipulated that they waived a hearing before
a Trial Examiner, the making of findings of fact and
conclusions of law by a Trial Examiner, and the is-
suance of a Trial Examiner's Decision.
On December 18, 1967, the Board issued an
Order transferring the case to the Board and per-
mitting the parties to file briefs. Thereafter, the
Respondent filed a brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Respondent admits and we find that it is, and
has been at all times material herein, a corporation
duly organized under, and existing by virtue of the
laws of the State of Delaware, maintaining its prin-
cipal office and place of business in New York,
with various other facilities in the State of Ohio and
in other States of the United States. Respondent is,
and has been at all times material herein, continu-
ously engaged at said facilities in the business of
providing guards, detectives, protection' personnel,
and related services.
During the past year, Respondent, in the course
and conduct of its business operations, performed
services valued in excess of $50,000 in States other
than New York wherein Respondent's principal of-
fice headquarters is located. Respondent also per-
formed services valued in excess of $50,000 in
furtherance of the national defense.
Respondent is now, and has been at all times
material herein, an employer engaged in commerce
within the meaning of Section 2(6) and (7) of the
Act.
II. THE LABOR ORGANIZATION INVOLVED
The Union is, and has been at all times material
herein, a labor organization within the meaning of
Section 2 (5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The Representation Proceeding
1. The unit
At all times material herein , the following em-
ployees of Respondent constituted and do now con-
stitute a unit appropriate for collective bargaining
within the meaning of the Act:
All full-time and regular part-time guards em-
ployed by-the Employer in the cities of Mans-
field, Shelby, and Crestline, Ohio, including
sergeants , but excluding all office clerical em-
ployees , professional employees , casual em-
' Case 8-RC-6634 ( not published in NLRB volumes)
170 NLRB No. 108
PINKERTON'S INC. 847
ployees, investigators, lieutenants and other su-
pervisors as defined in the Act, and all other
employees.2
2. The certification
On or about June 30, 1967, a majority of the em-
ployees of the Respondent in the unit described
above, in a secret ballot election conducted under
the supervision of the Regional Director for Region
8, designated the Union as their representative for
the purpose of collective bargaining, and, on or
about August 2, 1967, the Regional Director cer-
tified the Union as the exclusive collective-bargain-
ing representative of the employees in said unit.3
B. The Request To Bargain and the Respondent's
Refusal
Commencing on or about August 9, 1967, and
continuing to date, the Union has requested
Respondent to bargain collectively with respect to
rates of pay, wages, hours of employment, and
other terms and conditions of employment, as the
exclusive collective-bargaining representative of all
employees of the Respondent in the said unit. Com-
mencing on or about August 14, 1967, and continu-
ing to date, Respondent did refuse, and continues
to refuse, to bargain collectively with the Union as
the exclusive collective-bargaining representative of
all the employees in the above-described unit.
Accordingly, we find that the Union was duly
certified by the Board as the collective-bargaining
representative of the Respondent's employees in
the appropriate unit described above, and that the
Union at all times since August 2, 1967, has been
and now is the exclusive bargaining representative
of all the employees in the aforesaid unit, within the
meaning of Section 9(a) of the Act, and that
Respondent has, since August 14, 1967, refused to
bargain collectively with the Union as the exclusive
bargaining representative of its employees in the
appropriate unit. By such refusal, we hold that the
Respondent has engaged in, and is engaging in, un-
fair labor practices within the meaning of Section
8(a)(5) and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of the Respondent , set forth in sec-
tion III, above, occurring in connection with its
operations described in section I, above, have a
close, intimate, and substantial relationship to
trade, traffic, and commerce among the several
States and tend to lead to labor disputes burdening
and obstructing commerce and the free flow of
commerce.
THE REMEDY
Having found that the Respondent has engaged
in unfair labor practices within the meaning of Sec-
tion 8(a)(5) and (1) of the Act, we shall order that
it cease and desist therefrom, and, upon request,
bargain collectively with the Union as the exclusive
representative of all employees in the appropriate
unit, and, if an understanding is reached, embody
such understanding in a signed agreement.
As the employees do not work at plants owned
by Respondent, the customary posting of notices by
Respondent would not be adequate notice to its
employees. The Respondent shall be required,
therefore, also to mail a copy of the attached notice
to each employee on Respondent's payroll in the
cities of Mansfield, Shelby, and Crestline, Ohio, at
his or her last known address, as disclosed by
Respondent's records, or as may be amplified by
the Union.4
CONCLUSIONS OF LAW
1. Pinkerton 's Inc. is an employer engaged in
commerce within the meaning of Section 2(6) and
(7) of the Act.
2. International Union, United Plant Guard
Workers of America, is a labor organization within
the meaning of Section 2(5) of the Act.
3. All full-time and regular part -time guards em-
ployed by the Employer in the cities of Mansfield,
Shelby, and Crestline, Ohio, including sergeants,
but excluding all office clerical employees, profes-
sional employees , casual employees , investigators,
lieutenants , and other supervisors as defined in the
Act, and all other employees, constitute a unit ap-
propriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act.
4. On August 2, 1967, and at all times
thereafter, the above -named labor organization has
been and is the certified and exclusive representa-
tive of all employees in the aforesaid appropriate
unit for the purposes of collective bargaining within
the meaning of Section 9(a) of the Act.
2 The Employer contends that this unit determination is inappropriate in
that the unit should encompass the entire district , pouiting out that the
Union has organized other territories on a district-wide basis In Case
8-RC-6634 , the Regional Director points out why the above unit is ap-
propriate in this case We agree with the Regional Director 's reasoning
(Request for review was denied by the Board on April 18 , 1967 ) See Pin-
kerton 's Inc , 163 NLRB 968, involving the same parties , where a less than
district size unit was found appropriate
' Request for review of this decision was denied by the Board on June 21,
1967
' Standard Handkerchief Co , 151 NLRB 15, 20
848 DECISIONS OF NATIONAL
5. By refusing on or about August 14, 1967, and
continuing to date, to bargain collectively with the
above-named labor organization as the exclusive
bargaining unit, the Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(a)(5) and (1) of the Act.
6. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the
meaning of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respon-
dent, Pinkerton's Inc., Columbus, Ohio, its officers,
agents, successors, and assigns, shall:
I . Cease and desist from:
(a) Refusing to bargain collectively concerning
wages, hours, and ' other terms and conditions of
employment, with International Union, United
Plant Guard Workers of America, as the exclusive
and duly certified bargaining representative of its
employees in the following appropriate unit:
All full-time and regular part-time guards em-
ployed by the Employer in the cities of Man-
sfield, Shelby, and Crestline, Ohio, including
sergeants, but excluding all office clerical em-
ployees, professional employees, casual em-
ployees, investigators, lieutenants and other su-
pervisors as defined in the Act, and all other
employees.
(b) In any like or related manner, interfering
with the right of the above-named labor organiza-
tion to bargain as the exclusive representative of
the employees in the aforesaid appropriate unit.
2. Take the following affirmative action which
the Board finds will effectuate the policies of the
Act:
(a) Upon request, bargain with the above-named
labor organization as the exclusive representative of
all employees in the aforesaid appropriate unit with
respect to rates of pay, wages, hours, and other
terms and conditions of employment, and, if an un-
derstanding is reached, embody such understanding
in a signed agreement.
(b) Forthwith, mail to the last known address of
each employee on its payroll in the cities of Man-
sfield, Shelby, and Crestline, Ohio, a copy of the at-
tached notice marked "Appendix. "5
The copies to be mailed shall be on forms pro-
vided for that purpose by the Regional Director for
LABOR RELATIONS BOARD
Region 8 of the Board (Cleveland, Ohio), and shall
be duly signed by an authorized representative of
Respondent. Additional copies shall be posted by
Respondent and be maintained by it for 60 con-
secutive days thereafter, in conspicuous places, in-
cluding all places where notices to employees are
customarily posted. Reasonable steps shall be taken
by the Respondent to insure that said notices are
not altered, defaced, or covered by any other
material.
(c) Notify the Regional Director for Region 8, in
writing, within 10 days from the date of this Order,
what steps have been taken to comply herewith.
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National
Labor Relations Board and in order to effectuate
the policies of the National Labor Relations Act, as
amended, we hereby notify you that:
WE WILL NOT refuse to bargain collectively
with International Union, United Plant Guard
Workers of America, as the exclusive represen-
tative of the employees in the bargaining unit
described below.
WE WILL NOT in any like or related manner
interfere with the right of the above-named
labor organization to bargain as the exclusive
representative of the employees in the ap
propriate unit.
WE WILL, upon request, bargain with the
above-named Union as the exclusive represen-
tative of all employees in the bargaining unit
described below with respect to wages, hours,
and other terms and conditions of employ-
ment, and, if an understanding is reached, em-
body such understanding in a signed agree-
ment.
The bargaining unit is:
All full-time and regular part-time guards
employed by the Employer in the cities of
Mansfield, Shelby, and Crestline, Ohio, in-
cluding sergeants, but excluding all office
clerical employees, professional em-
ployees, casual employees, investigators,
lieutenants and other supervisors as
defined in the Act, and all other em-
ployees.
PINKERTON'S INC.
(Employer)
Dated By
(Representative ) (Title)
In the event that this Order is enforced by a decree of a United States Order" the words "a Decree of the United States Court of Appeals Enforc-
Court of Appeals, there shall be substituted for the words "a Decision and ing an Order "
PINKERTON'S INC. 849
This notice must remain posted for 60 consecu- communicate directly with the Board's Regional
tive days from the date of posting and must not be Office, Federal Office Building, Room 1695, 1240
altered, defaced, or covered by any other material. East 9th Street, Cleveland, Ohio 44199, Telephone
If employees have any question concerning this 522-3738.
notice or compliance with its provisions, they may
350-999 0 - 71 - 55