RCA OMS, Inc.

National Labor Relations Board - Board Decisions

Mar 6, 1973

202 N.L.R.B. 228 (N.L.R.B. 1973)

228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
RCA OMS, Inc. (Greenland) and International Broth-
erhood of Electrical Workers, AFL-CIO, Local
1547, Petitioner . Case 19-RC-6366
March 6, 1973
DECISION AND ORDER
BY MEMBERS FANNING, KENNEDY, AND
PENELLO
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a
hearing was held before Hearing Officer Dale C.
Perman. The Employer and Petitioner have filed
briefs in support of their respective positions.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They are hereby affirmed.
Upon the entire record in this case, the Board
finds:
Operation and Maintenance Service, Inc., is a
subsidiary of RCA Corporation and is a Delaware
corporation which annually receives revenues and
makes purchases in excess of $50,000 across state
lines. The parties stipulated that the Employer is
engaged in commerce within the meaning of the Act.
The Petitioner seeks to represent certain employees
of the Employer at five Distant Early Warning
1 Benz v Compama Naviera Hddago, S A, 353 U S 138
(DEW line) sites located in Greenland. The Employ-
er moved that the petition be dismissed on the
ground that the Board does not have jurisdiction
over employers doing business in Greenland.
Greenland is a Danish possession governed as a
Danish county. The Employer, pursuant to a United
States Government contract, operates the DEW line
in Alaska, Canada, and Greenland. The DEW line is
a system of radar stations and a communications
network that feeds information directly back to
NORAD headquarters in Colorado Springs, Colora-
do.
The employees in Alaska and Canada are presently
organized pursuant to United States and Canadian
law, respectively. The employees in the Danish
segment are unorganized. DEW line employees are
required to have a United States Government
security clearance, are hired in the United States and
paid from the United States, and upon completion of
their jobs are returned to their original hiring
location in the United States.
Under all the relevant circumstances, particularly
the fact that Greenland is a possession of Denmark
and governed as a county of that country, we
conclude that Greenland does not come within the
jurisdiction of the Act.' Accordingly, we shall grant
the Employer's motion and dismiss the petition.
ORDER
It is hereby ordered that the petition filed herein
be, and it hereby is, dismissed.
202 NLRB No. 42