St. Paul Postal Employees Cooperative Cafeteria Committee

National Labor Relations Board - Board Decisions

Jun 17, 1953

105 N.L.R.B. 631 (N.L.R.B. 1953)

ST. PAUL POSTAL EMPLOYEES 631
which occurred in 1948 and thereafter .' Our order , specifying
the precise date of the discrimination found as to each individ-
ual and the period for which back pay was awarded , is consis-
tent with the underlying basis for our findings as explicated in
our original decision in this case and as here reiterated.
For the reasons hereinabove stated, we affirm our Decision
and Order of November 5, 1951, as supplemented and modified
by this Supplemental Decision and Order.
IT IS HEREBY ORDERED that the complaint herein be, and
it hereby is, dismissed as to Angelo Tomeo and that the notice
to all employees , marked "Appendix ," required by the Board
in its Decision and Order to be posted by the Respondent be
amended by deleting therefrom the name of Angelo Tomeo.
Chairman Herzog took no part in the consideration of the
above Supplemental Decision and Order.
9At footnote 24 in its Decision and Order the Board said, "Our consideration of such
evidence is not to be taken as a finding that the Respondent committed an unfair labor
practice before March 8,. 1948; in evaluating this evidence we are merely endeavoring to
clarify and impart meaning to events which occurred after March 8. 1948 "
ST. PAUL POSTAL EMPLOYEES COOPERATIVE CAFETE-
RIA COMMITTEE and LOCAL 556, HOTEL, RESTAURANT
& CAFETERIA EMPLOYEES UNION, A. F. of L., Petitioner.
Case No. 18-RC-1888. June 17, 1953
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before James A.
Karigan, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial 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 [Members Houston , Murdock, and
Styles.
Upon the entire record in this case , the Board finds:
1. Prior to 1945 the cafeteria concession in the United States
Post Office Building in St. Paul, Minnesota , was operated by the
Dolan Company. In 1945 the arrangements governing the
operation of the cafeteria concession by the Dolan Company were
terminated . At that time and in accordance with "Rules and
Regulations issued by the Post Office Department For the
Operation and Conduct of Post Office Cafeterias in Federal or
Leased Buildings ," the St . Paul Postal Employees Cooperative
Cafeteria Committee , hereinafter called the Committee, was
organized for the purpose of operating a cafeteria in the base-
105 NLRB No. 84.
632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ment of the Post Office Building in St. Paul. The regulations
provide for the operation of a cafeteria under the following
conditions:
(1) The cafeteria shall not be operated for the profit of
any individual.
2) Suitable space shall be available and it must be con-
clusively shown that a cafeteria is necessary in the interest
of an efficient and economical operation of the Postal
Service.
(3) All equipment necessary for the operation of a cafe-
teria shall be provided by the cafeteria.
(4) The cafeteria shall pay for all utilities except heat,
water and rent which shall be provided by the Post Office
Department . The cafeteria shall pay all necessary expenses
for repair and maintenance and replacement of equipment
and for maintaining the premises in a clean and sanitary
condition.
(5) The cafeteria shall be managed on a cooperative plan
by a representative committee of five responsible Post
Office employees , who shall be selected by the Post
Master from names nominated by various employee
groups and one member at large.
(6) The Committee shall manage, supervise and control
the activities of the cafeteria under the direct supervision
and control of the Post Master who shall be responsible for
the efficient and economical conduct of the business.
(7) The Committee shall have full power to employ a man-
ager , fix the salaries , hours of service , require all
employees who handle funds to furnish bonds, deposit and
disburse all funds , fix prices for food supplies , see that
purchases are made in the proper manner and for the best
interests of all patrons , require the manager to render a
daily report of all receipts , and to fix the profit margin
so as to provide for a reasonable reserve.
(8) The operation of the cafeteria shall be thoroughly
supervised and audited as though it were apost office unit.
To this end the Post Master shall detail two qualified
members of the Post Office who are not members of the
Committee to audit the financial records and transactions.
Upon the recommendation of the postmaster the Committee
hired as manager of the cafeteria the person who had man-
aged it for the Dolan Company. The cafeteria has been operated
since 1945 by the manager under the direction of the Committee.
The manager has hired the necessary employees to operate the
cafeteria, established wage rates and hours of employment, and
in general has established labor relations policies under the
supervision of the Committee. During the last calendar year
the Committee purchased goods valued in excess of $25,000,
none of which was purchased outside the State of Minnesota.
DECATUR TRANSFER & STORAGE, INC. 633
During the same period it sold over $ 50,000 worth of food,
beverages , and miscellaneous merchandise to employees of the
Post Office Department and other Federal agencies located in
the Post Office Building in St. Paul. The jurisdictional facts
set forth above show that the Committee makes no out-of-State
sales or purchases , nor does it furnish services to firms over
whom the Board would assert jurisdiction . Under these cir-
cumstances , without deciding whether the Committee is engaged
in operations affecting commerce within the meaning of the
Act, t we find that in any event , it would not effectuate the
policies of the Act to assert jurisdiction in this case because
those operations do not meet the Board's requirements for the
assertion of jurisdiction .' Accordingly , we shall dismiss the
petition.
[ The Board dismissed the petition].
ICf. National Food Corporation, 88 NLRB 1500, Air Terminal Services, Inc., 67 NLRB
702, Lee Stine, d/b/a Fairchild Cafeteria, 87 NLRB 667, all decided before the adoption
of the present standards for the assertion of jurisdiction.
2Stanislaus Implement and Hardware Company, Ltd., 91 NLRB 618; Hollow Tree Lumber
Company, 91 NLRB 635.
DECATUR TRANSFER & STORAGE, INC. and CHAUFFEURS &
SALES DRIVERS LOCAL UNION NO. 402, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA, AFL, Petitioner
DECATUR TRANSIT, INC. and CHAUFFEURS & SALES
DRIVERS LOCAL UNION NO. 402, INTERNATIONAL BROTH-
ERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN & HELPERS OF AMERICA, AFL, Petitioner. Cases Nos.
10-RC-2308 and 10-RC-2309. June 17, 1953
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 ( c) of the
National Labor Relations Act, a consolidated hearing was held
before Gilbert Cohen, hearing officer . The hearing officer's
rulings made at the hearing are free from prejudicial 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 [Members Murdock, Styles , and Peter-
son].
Upon the entire record in this case , the Board finds:
1. In Case No . 10-RC-2309 , the Employer , Decatur Transit,
Inc., is an Alabama corporation with its principal office and
place of business located in Decatur, Alabama . This corpora-
tion is engaged in three separate operations : Decatur Transit
105 NLRB No. 78.