The New Britain Institute

National Labor Relations Board - Board Decisions

Jun 25, 1990

298 N.L.R.B. 862 (N.L.R.B. 1990)

862 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
The New Britain Institute and Service Employees
International Union , AFL-CIO. Case 34-RM-
51
June 25, 1990
DECISION ON REVIEW AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND DEVANEY
On April 5, 1990, a three-member panel of the
Board (Chairman Stephens and Members Cracraft
and Devaney) granted Employer-Petitioner's Re-
quest for Review of the Regional Director's Deci-
sion and Order dismissing the instant petition.
Thereafter, the Employer-Petitioner and the Union
filed briefs on review.
The Board, by a three-member panel, has care-
fully reviewed the entire record, including the
briefs on review, and has decided to affirm the Re-
gional Director's determination that the New Brit-
ain Public Library (the Library) is a political subdi-
vision under Section 2(2) of the Act, but to modify
his rationale.
As the Regional Director found, The New Brit-
ain Institute was incorporated by a special act of
the Connecticut General Assembly in 1858, to,
inter alia, establish, keep, and maintain a library,
reading room, and system of public lectures. Fur-
ther, the record reveals that about 1901, the city of
New Britain established the Library as a "public li-
brary" in accordance with the state statutes gov-
erning public libraries, and the rules and regula-
tions pertaining to such libraries.
Based on the foregoing, we conclude that the Li-
brary is exempt from the Board's jurisdiction as a
political subdivision within the meaning of Section
2(2) of the Act, because it was created directly by
the State, so as to constitute a department or ad-
ministrative arm of the government. See NLRB v.
Natural Gas Utility District of Hawkins County, 402
U.S. 600 (1971); Jervis Public Library Assn., 262
NLRB 1386 (1982). In view of our conclusion that
the Library is exempt under the first prong of the
test set forth in Hawkins, we find it unnecessary to
consider whether the Library also is exempt under
the second prong of Hawkins, i.e., whether it is ad-
ministered by individuals who are responsible to
public officials or to the general electorate.
ORDER
The Regional Director's dismissal of the petition
is affirmed.
298 NLRB No. 128