Walnut Hills Country Club

National Labor Relations Board - Board Decisions

Nov 19, 1963

145 N.L.R.B. 81 (N.L.R.B. 1963)

WALNUT HILLS COUNTRY CLUB 81
Accordingly, we find that the following employees of the Employer
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act :
All employees at the Mariemont Inn at Cincinnati, Ohio, including
the restaurant and bar, but excluding all office clerical employees,
room clerks, guards, professional employees, and supervisors as de-
fined by the Act.
[Text of Direction of Election omitted from publication.]
Walnut Hills Country Club and Hotel & Restaurant Employees
& Bartenders International Union , Local 235, AFL-CIO, Peti-
tioner. Case No. 7-RC-5551. November 19, 1963
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Hearing Officer David G.
Heilbrun. 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 [Chairman McCulloch and Members Fanning and Brown].
Upon the entire record in this case, the Board findrs :
1. The Employer operates a private golf and country club in Lan-
sing, Michigan. It furnishes recreational facilities in the form of a
golf course and a swimming pool to its members and their guests.
It also sells food and beverages to its members and guests, operating
for that purpose a kitchen, dining room, bar, and grill, the facilities
of which are available for banquets and social functions of various
educational, civic, and social groups, when sponsored by a member.
The club hasapproximately 460 members.
During the 12-month period ending May 1963, the Employer's gross
revenues amounted, to $440,154. During the calendar year 1962, the
Employer's purchases of goods originating outside the State of Mich-
igan amounted to $50,095. Of this amount, $6,394 reflects the value of
goods purchased directly from outside Michigan, and the remainder
the value of goods purchased from suppliers within Michigan, who
in turn purchased the goods directly from points outside that State.
The Employer contends that its operations do not affect commerce
within the meaning of the Act, but that in any event the Board should
not assert jurisdiction because its operations do not satisfy the juris-
dictional standard established for retail enterprises.
145 NLRB No. 9.
734-07064-vol. 145-7
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We reject the first contention. It is now well settled that an em-
ployer's operations may affect commerce by reason of its purchases
of goods which are brought into the State by its supplier.' Here the
volume of such purchases is substantial. We find, therefore, that the
Employer's operations do affect commerce within the meaning of
Section 2 (7) of the Act. As to the second contention, the record shows
that the Employer's annual purchases of goods originating from
places outside the State of Michigan total more than the $50,000 estab-
lished as the minimum jurisdictional amount for nonretail enter-
prises.2 However, the Employer's operations are basically retail in
nature. We therefore now decide the question left open in the El
Paso' and Chartiers' country club decisions, and hold that the retail
standard is the applicable standard for operations of the nature en-
gaged in by the Employer. As the Employer's gross revenues are
less than the $500,000 required under that standard,' we find that it
will not effectuate the policies of the Act to assert jurisdiction herein.
Accordingly, we shall dismiss the petition.
[The Board dismissed the petition.]
I N.L.R. B. v. Reliance Fuel Oil Corporation, 371 U.S. 224.
2 See Siemens Mailing Service, 122 NLRB 81, 85.
s El Paso Country Club, Inc., 132 NLRB 942.
4 Pennsylvania Labor Relations Board ( Chartiers Country Club ), 139 NLRB 741.
5 Carolina Supplies and Cement Co., 122 NLRB 88, 89.
Davis Cafeteria , Inc., and Polly Davis Broward Cafeteria, Inc.
and Hotel & Restaurant Employees & Bartenders Union,
Local 339, AFL-CIO. Case No. 12-CA-2606. November 00, 1963
DECISION AND ORDER
On August 12, 1963, Trial Examiner Rosanna A. Blake issued her
Intermediate Report in the above-entitled proceeding, finding that the
Respondents had engaged in and were engaging in certain unfair
labor practices within the meaning of the Act and recommending that
they cease and desist therefrom and take certain affirmative action, as
set forth in the attached Intermediate Report. Thereafter, the Re-
spondents filed exceptions to the Intermediate Report and a supporting
brief.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to u three-member panel [Chairman McCulloch and Mem-
bers Leedom and Brown].
The Board has reviewed the rulings of the Trial Examiner made at,
the hearing and finds that no prejudicial error was committed. The
145 NLRB No. 15.