Wackenhut Corp.

National Labor Relations Board - Board Decisions

Jun 29, 1984

271 N.L.R.B. 70 (N.L.R.B. 1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Wackenhut Corporation and Power Plant Police
and Security Officers, Local 1. Case 3-CA-
10352
29 June 1984
DECISION AND ORDER REVOKING
CERTIFICATION
BY CHAIRMAN DOTSON AND MEMBERS
ZIMMERMAN AND HUNTER
On 5 March 1981 the National Labor Relations
Board issued a Decision and Certification of Repre-
sentative ' in which it certified the Charging Party
as the exclusive representative of certain employees
of the Employer for the purposes of collective bar-
gaining.
On 18 May 1982 pursuant to the General Coun-
sel's Motion for Summary Judgment alleging that
the Respondent refused to bargain, the Board
issued a Notice to Show Cause why the General
Counsel's motion should not be granted. Thereafter
in Harrah's Marina Hotel, 267 NLRB 1007 (1983),
the Board found that the Federation of Special
Police and Law Enforcement Officers, with which
the Charging Party is affiliated, and Casino Police
and Security Officers, a sister local of the Charging
Party, are not labor organizations. Subsequently on
27 December 1983 the Board in response to the
Respondent's brief in opposition and motion to
reopen the record and vacate certification issued a
Notice to Show Cause why, in light of its findings
in Harrah's Marina, the Board's certification of the
Charging Party as representative in the instant pro-
ceeding should not be revoked. Neither the Re-
spondent nor the Charging Party responded to the
Notice to Show Cause. However in its brief in op-
position, the Respondent contended that the Charg-
ing Party is not an organization dedicated to the in-
terest of employees and that employees do not par-
ticipate in it, to any significant extent. We find
merit in the Respondent's contentions which are
similar to those raised in Harrah's Marina above.2
i Case 3-RC-7881, not reported in Board volumes.
2 In granting the Respondent's motion to reopen the record and vacate
certification, we accept as new unavailable evidence a copy of the tran-
In the course of determining in Harrah's Marina,
above, that the Federation is not a labor organiza-
tion the Regional Director received evidence
which tends to show that the Charging Party
herein has no independent status sufficient to sup-
port a finding that it is a bona fide labor organiza-
tion. Thus the Regional Director took notice of the
apparently uncontradicted testimony of the Charg-
ing Party's president, William Wachholder, at the
criminal trial of Federation officers Daniel Cun-
ningham and Herman Jaffe, that Cunningham es-
tablished the Charging Party and had made Wach-
holder, his father-in-law, the nominal president but
that Wachholder never performed any functions as
an officer of the Charging Party. In light of this
evidence and in the absence of independent evi-
dence that the Charging Party exists for the pur-
poses set forth in the Act or that employees partici-
pate in the Charging Party to any significant extent
we conclude that the Charging Party's initial show-
ing in Case 3-RC-7881 that it was a labor organi-
zation has been rebutted and that on the record
considered as a whole it has not demonstrated that
it is a labor organization within the meaning of
Section 2(5) of the Act. Thus, we conclude that the
Respondent has not violated Section 8(aXS) of the
Act and we deny the General Counsel's Motion for
Summary Judgment. Also we shall revoke the cer-
tification and dismiss the complaint.
ORDER
Upon the basis of the above findings and the
entire record in this case and taking official notice
of the record and findings in Harrah's Marina,
above, the National Labor Relations Board hereby
orders that the Certification of Representative
heretofore issued in Case 3-RC-7881 is revoked.
IT IS FURTHER ORDERED that the General Coun-
sel's Motion for Summary Judgment is denied and
the complaint is dismissed.
script of the jury's verdict in US. v. Daniel Cunningham, Herman Jaffe
and Salvatore "Frank" Ponti, No. CR 81-480-1 (E.D.N.Y. 1982), as sub-
mitted by the Respondent.
271 NLRB No. 12
70