Park Plaza Amusement Co.

National Labor Relations Board - Board Decisions

Aug 11, 1959

124 N.L.R.B. 428 (N.L.R.B. 1959)

428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the foregoing findings of fact and upon the entire record in
the case, the Trial Examiner makes the following:
CONCLUSIONS OF LAW
1. The Respondent , C. Malone Trucking, Inc., Waltham , Massachusetts, is
engaged in commerce within the meaning of the Act.
2. Local 25, International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America (Charging Party) is a labor organization within the mean-
ing of Section 2(5) of the Act.
3. By discriminating in the hire and tenure of employment of Edward R.
Beechim and John F. Crispo, the Respondent has engaged in and is engaging in
unfair labor practices within the meaning of Section 8 (a) (3) of the Act.
4. By such discrimination and by interfering with , restraining, and coercing
employees in the exercise of the rights guaranteed in Section 7 of the Act, the
Respondent has engaged in and is engaging in unfair labor practices within the
meaning of Section 8(a)(1) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
Park Plaza Amusement Company and International Union of
Electrical , Radio and Machine Workers , AFL-CIO, Petitioner.
Case No. 32-IBC-1224. August 11, 1959
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Rodgers, Bean, and
Fanning].
Upon the entire record in this case, the Board finds :
The Employer, a Tennessee corporation operates a bowling alley
and billiards establishment in Memphis, Tennessee, and in 1958, had
a gross business of approximately $300,000, of which only a nominal
amount was received from out of the State of Tennessee. Thus, the
Employer on the above basis fails to meet our current jurisdictional
standards for retail establishments.'
However, the Petitioner contends that the Employer and another
corporation, Malco Theatres, Inc.,2 are integrated enterprises so as to
constitute a single employer for the purposes of the Act. M. A.
Lightman, Jr., is president of Malco and of the Employer and four
'Carolina Supplies and Cement Co., 122 NLTIB 88. Cf. Magic Mountain , Inc., 123
NLRB 1170.
2 Malco Theatres , Inc., a Tennessee corporation owns or controls approximately 45
theatres In various States and does a gross volume of business in excess of $500,000
yearly.
124 NLRB No. 53.
KERMAC NUCLEAR FUELS CORP. 429
of the five officers of Malco are also officers of the Employer. In addi-
tion, the two corporations have common stockholders. However,
Malco itself owns no stock in the Employer's corporation, and the
record shows, Malco had no connection with the organization of the
Employer nor has it ever contributed financial or other support to it.
The only connection between the two corporations, beyond the fact
of common officers and stockholders, is that Malco performs account-
ing service for the Employer for which it is paid a fee, deriving a
reasonable profit therefrom. There is no interchange of employees,
no common labor policies or benefits, nor does Malco exercise any
authority or control over the manager of the Employer who actively
operates the establishment and who hires and fires employees, inde-
pendently of Malco. We conclude from the foregoing that the Em-
ployer herein operates independently and not as part of an integrated
enterprise, which has centralized management and control over its
labor relations policies. Accordingly, we find that the Employer and
Malco Theatres, Inc., do not constitute a single employer within the
meaning of the Act.'
We shall therefore dismiss the petition.
[The Board dismissed the petition.]
3 E lectronics Circuits , Inc., 115 NLRB 940; American Furniture Company, Inc., .116
NLRB 1496 ; Clark Concrete Construction . Corporation, 116 'NLRB 321; Central Dairy
Products Co., 114 NLRB 1189.
Kermac Nuclear Fuels Corp . and United Steelworkers of Amer-
ica, AFL-CIO, Petitioner. Case No. 33-RC-708. August 11, 1959
SECOND SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to a Supplemental Decision, Order, and. Amended Deci-
sion and Direction of Election 1 issued by the Board on March 30,
1959, in the above-entitled proceeding, a runoff election was con-
ducted on May 21, 1959, under the direction and supervision of the
Regional Director for the Thirty-third Region among the employees
in the unit found appropriate by the Board. Upon conclusion of the
runoff election, the parties were furnished a tally of 'ballots, which
.showed that, of approximately 359 eligible voters, .307 ballots were
cast, of which 149 were for Intervenor United Mine Workers of
America, District 50, herein called UMW, 152 were for Intervenor
-ail, Chemical and Atomic Workers International Union, AFL-CIO,
herein called OCAW, 1 was void, and 5 were challenged. The chal-
-lenges were sufficient in number to affect the election results. No
'timely objections were made to the .conduct of the election.
1123 NLRB 462.
124 NLRB No. 58.