Benjamin Green

National Labor Relations Board - Board Decisions

Mar 27, 1970

181 N.L.R.B. 845 (N.L.R.B. 1970)

BENJAMIN GREEN, ET AL. 845
Benjamin Green and Hazel Tuch and Jack Swirsky
and Kenneth Bobrow and Tower Currency
Exchanges and Armored Car Drivers , Helpers,
Messengers and Allied Employees Union, Local
725, I.B . of T., Petitioner . Cases 13-RC-11870,
13-RC-11871, 13-RC-11872, 13-RC-11873, and
13-RC-11874
March 27, 1970
DECISION AND DIRECTION OF
ELECTIONS
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before William D. Boetticher,
Hearing Officer. Following the hearing and pursuant
to Section 102.67 of the National Labor Relations
Board Rules and Regulations and Statements of
Procedure, Series 8, as amended, and by direction of
the Regional Director for Region 13; this proceeding
was transferred to the National Labor Relations
Board for decision. Briefs were thereafter filed by
the Employers and the Petitioner.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds no prejudicial
error. The rulings are hereby affirmed.
Upon the entire record in these cases, the Board
finds:
1. The Employers operate currency exchanges
under the laws of the State of Illinois Tower
Currency Exchanges operates several exchanges
under the same corporate name. The other
Employers herein involved have incorporated each
of their exchanges separately The Employers all
agree that each of their groups of exchanges
operates as a single employer for both unit and
jurisdictional purposes.
At each exchange there is a steel booth, with one
or more barred windows. The booths are located for
the most part in store fronts in retail neighborhood
stores. The exchanges offer the following services:
check cashing, writing and cashing money orders;
acting as remitting agent for the payment of utility
bills, and for the obtaining of auto tags and drivers'
licenses; income tax service; selling of travellers
checks; photostat service; and notary public service.
It appears that all exchanges offer the first three
mentioned services, but only some offer the last
four; all are authorized by State law to offer all
seven services.
Each exchange takes in about $400 to $500 per
day (over $100,000 a year) for remission to public
utilities in payment of their customers' utility bills,
and averages approximately $1900 per year in fees
collected for such services. Each writes
approximately $1,200,000 worth of money orders
each year, of which 10 to 15 percent (that is, as
much as $180,000 worth) are cashed out of State,
and each cashes checks and money orders worth
about $1,080,000 per year, of which 10 to 15 percent
(that is, as much as $162,000 worth) have come in
from out of State. Each Employer receives fees for
its services in excess of $50,000 per year.
It is apparent from the foregoing that the
exchanges herein perform a service for their patrons,
akin to a retail service. It is also apparent that these
exchanges are engaged in operations that are in
interstate commerce or affect interstate commerce.
In these circumstances, and as the annual gross
volume of business of each Employer exceeds
$500,000, we find that the Employers are engaged in
commerce within the meaning of the Act, and that it
will effectuate the policies of the Act to assert
jurisdiction herein.'
2. The Petitioner is a labor organization that
claims to represent certain employees of the
Employers.
3. Questions affecting commerce exist concerning
the representation of certain employees of the
Employers within the meaning of Section 9(c)(1)
and Section 2(6) and (7) of the Act.
4. The appropriate units.
We find as the parties stipulated that the
following units constitute units appropriate for the
purposes of collective bargaining within the meaning
of Section 9(b) of the Act.
1. All cashiers employed by the Employer,
Benjamin Green, in his various Chicago, Illinois,
currency exchanges, excluding professional
employees, guards, and supervisors as defined in the
Act.
2. All cashiers employed by the Employer, Hazel
Tuch, in his various Chicago, Illinois, currency
exchanges, excluding professional employees,
guards, and supervisors as defined in the Act.
3. All cashiers employed by the Employer, Jack
Swirsky, in his various Chicago, Illinois, currency
exchanges, excluding professional employees,
guards, and supervisors as defined in the Act.
4. All cashiers employed by the Employer,
Kenneth Babrow, in his various Chicago, Illinois,
currency exchanges, excluding professional
employees, guards, and supervisors as defined in the
Act.
5. All cashiers employed by the Employer, Tower
Currency Exchanges, in its various Chicago, Illinois,
currency exchanges, excluding professional
employees, guards, and supervisors as defined in the
Act.
[Direction of Elections' omitted from publication.]
'See Carolina Supplies and Cement Co, 122 NLRB 88. HPO Service
Inc. 122 NLRB 394
In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236, N L R B v Wyman-Gordon Company,
394 U S 759 Accordingly, it is hereby directed that election eligibility
lists, containing the names and addresses of all the eligible voters, must be
filed by the Employers with the Regional Director for Region 13 within 7
181 NLRB No 135
846 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
days of the date of this Decision and Direction of Elections The Regional Director except in extraordinary circumstances Failure to comply with this
Director shall make these lists available to all parties to the elections No requirement shall be grounds for setting aside. the elections whenever
extension of time to file these lists shall be granted by the Regional proper objections are filed