111 N.L.R.B. 504 (N.L.R.B. 1955)

Pinkerton's National Detective Agency

National Labor Relations Board - Board DecisionsFeb 3, 1955

111 N.L.R.B. 504 (N.L.R.B. 1955)

504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ments4 In the instant case, the integrated nature of the Employer's operations , its central control of management and labor relations, the employee interchange, the similarity of classifications , and the uni- formity of wage scales and working conditions throughout the system, together with the fact that the Petitioner does not seek all the em- ployees in the Amarillo area and the unit sought does not correspond to any administrative division or department of the Employer, all indicate that the unit sought by the Petitioner is inappropriate. Ac- cordingly , we find that the unit sought by the Petitioner is inappro- priate for purposes of collective bargaining , and shall dismiss the petition.5 [The Board dismissed the petition.] 4 See, for example , Philadelphia Electric Company , 95 NLRB 71 ; Southwestern Elec- tric Service Company, 89 NLRB 114, 117. e Mississipps River Fuel Corporation, 110 NLRB 708 ; Southwestern Bell Telephone Company, 108 NLRB 1041 ; Tennessee Gas Transmission Company, 96 NLRB 1385 ; Eliza- bethtown Consolidated Gas Company, 93 NLRB 1270. PINKERTON'S NATIONAL DETECTIVE AGENCY and YONKERS RACEWAY UNIFORM PATROLMEN'S ASSOCIATION, INDEPENDENT, PETITIONER. PINKERTON'S NATIONAL DETECTIVE AGENCY and YONKERS RACEWAY UNIFORM USHERS ASSOCIATION, INDEPENDENT, PETITIONER. Cases Nos. 2-RC--6920 and 2-RC-6924. February 3, 1955 Decision and Order Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Jacob Lazarus, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the consolidated proceeding, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. The Intervenor contends that the Board has no jurisdiction on the ground that the employees involved work exclusively during the racing season at the Raceway, which sport the Board has held is not sufficiently related to interstate commerce to warrant the Board in asserting jurisdiction.' As we dismiss the petitions on other grounds, we do not find it necessary to consider the question of asserting juris- diction as a policy matter at this time. 2. The labor organizations 2 involved claim to represent certain employees of the Employer. 1 See Pari-Mutuel Employees Guild (Los Angeles Turf Club , Inc.), 90 NLRB 20. 2 The Intervenor , Local 32E, Building Service Employees International Union, AFL, was permitted to intervene on the ground of contractual interest in the employees involved. 111 NLRB No. 76. BO-LOW LAMP CORPORATION 505 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate unit : The Petitioners seek units of guards and ushers, respectively, em- ployed by Pinkerton at the Yonkers Raceway in New York State which has represented these employees for a number of years. The Intervenor also contends that a unit of guards is not appropriate, upon the ground that the employees involved are not "guards" within the meaning of the Act. The guards sought herein are composed of Pinkerton employees classified as patrolmen. Their duties are to maintain order and to protect and safeguard the property of the Raceway and its patrons. They have the authority to make arrests and eject intruders. They are uniformed, armed, and deputized. The ushers, also composed of Pinkerton employees, assist in seating patrons, direct them to rest- rooms and render first-aid service, if necessary. They are also uni- formed and licensed but not armed. The ushers, posted at restricted areas, are empowered to keep unauthorized persons from entering or from gaining admission without the payment of a fee. All ushers, like the patrolmen, enforce rules against the defacing of property. In the present proceeding, the acknowledged duties of the guards and ushers to enforce rules to protect property and to exclude the entry of unauthorized persons thereon clearly bring them within the statutory definition of guards.' We find no merit in the Intervenor's contention that because the Pinkerton guards are employed at the Raceway, they are not guards. As the guards and ushers have sub- stantially the same functions, we find that they together constitute a single appropriate unit. Accordingly, as neither Petitioner has re- quested an election in the broader guard unit found to be appropriate, we shall dismiss the petitions. [The Board dismissed the petitions.] 3 The fact that the ushers perform additional duties of a nonguard character does not detract from their status as "guards " Walterboro Manufacturing Corporation, 106 NLRB 1383. Bo-Low LAMP CORPORATION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION No. 3, A. F. L., PETITIONER. Case No. 9-RC-699/.. Febrtary 3,1955 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Arthur Younger, hearing of- 111 NLRB No. 77.