Pinkerton's National Detective Agency, Inc.

National Labor Relations Board - Board Decisions

Jun 22, 1950

90 N.L.R.B. 532 (N.L.R.B. 1950)

In the Matter of PINKERTON'S NATIONAL DETECTIVE AGENCY, INC.,
EMPLOYER and INDEPENDENT WATCHMEN'S & GUARDS' ASSOCIATION,
LOCAL 1015, PETITIONER
Case No. 2-RC-1932 .-Decided June 20, 1950
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 Jonas Silver , hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act , the Board
has delegated its powers in connection with this case to a three -member
panel [Chairman Herzog and Members Houston and Styles].
Upon the entire record in this case , the Board finds:
1. Pinkerton 's National Detective Agency, Inc., is a Delaware cor-
poration engaged in furnishing guard and detective services through-
out the United States and in Canada . Its services are furnished
through 26 branch offices in the United States and 1 branch office in
Canada. The executive offices , which are located 'in New York, New
York, determine general policies of all the branch offices . The terri-
tory served by the New York, New York , branch office , the only office
involved in this proceeding, includes portions of the States of Con-
necticut and New Jersey, as well as of the State of New York.
During 1949 , the gross revenue of the New York branch office was
approximately $1,350,000. Of this amount, approximately $20,000
was derived from services performed outside the State of New York,
and approximately $50,000 from services performed within New York
for interstate railroads and insurance companies , an interstate meat
packing company , and the New York Stock Exchange.
On the basis of the foregoing, and particularly the Nation-wide
character of the Employer 's operations , we find, contrary to the con-
tention of the Employer, that its operations at its New York branch
office affect commerce within the meaning of the Act, and that it would
effectuate the policies of the Act to assert jurisdiction in this case.'.
' American District Telegraph Company 84 NLRB 162 ; A. D. T. Company, 73 NLRB 265.
90 NLRB No. 81.
532
PINKERTON'S NATIONAL DETECTIVE! AGENCY, INC. 533
2. The Petitioner is a labor organization claiming to represent
certain of the Employer's employees.
3. The Petitioner seeks a unit composed of all operatives and special
operatives employed at the Employer's New York branch office. The
Petitioner, which is an independent union normally representing
guards, contends that these employees are guards within the mean-
ing of the Act. The Employer, although agreeing that the proposed
unit is appropriate, asserts that the employees sought by the Peti-
tioner are not guards within the meaning of the Act, and that the
Petitioner, a guards' union, is accordingly disqualified under the Act
from representing such employees.2
While we agree with the Employer's contention that the employees
involved herein are not guards,' we do not agree that the fact dis-
qualifies the Petitioner from acting as their representatives 4 The
Board has previously held that the Act does not prohibit it from
certifying a labor organization as the representative of employees
other than guards because such organization is affiliated with a labor
organization which represents guards.5 For the same reason which
prompted the Board's decision in the Squibb case, we find that the Act
does not prohibit the Board from certifying a labor organization which
itself represents guards as the representative of employees other
than guards.6 Accordingly, we find that a question affecting com-
merce exists concerning the representation of employees of the Em-
ployer within the meaning of Section 9 (c) (1) and Section 2 (6)
and (7) of the Act.
4. In substantial agreement with the parties, we find that all
operatives and special operatives employed at the Employer's New
York, New York, branch office, excluding office and professional em-
ployees, and supervisors as defined in the Act, constitute a unit appro-
2 Section 9 (b) (3) of the Act provides, in part :
. . . but no labor organization shall be certified as the representative of employees in
a bargaining unit of guards if such organization admits to membership , or is affiliated
directly or indirectly with an organization which admits to membership , employees
other than guards.
a The duties of these employees do not involve the enforcement of rules to protect the
property of their oven Employer or the safety of persons on their own Employer 's premises.
American District Telegraph Company, 89 NLRB 1228. Moreover, the bulk of the work
of the operatives and special operatives concerns investigations , and less than 1 percent
of their time is devoted to the enforcement of rules to protect the property of clients of
the Employer , or the safety of persons on such clients ' premises . Radio Corporation of
America, 76 NLRB 826.
4 The Petitioner stated at the hearing that,it desires to represent the employees.in-
volved herein, even if the Board should find that they are not guards.
6 E. R. Squibb & Sons, 77 NLRB 84.
awe do not, in this proceeding, pass upon the capacity of the Petitioner, under the Act,
to be certified to represent a unit of guards, as defined in the Act, in the event it admits to
membership the employees involved in this proceeding.
534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or tem-
porarily laid off, but excluding those employees who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, and also excluding employees on
strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Independent Watchmen's & Guards' Association, Local 1015.