St. Paul Postal Employees Cooperative Cafeteria Committee

National Labor Relations Board - Board DecisionsJun 17, 1953

105 N.L.R.B. 631 (N.L.R.B. 1953)

ST. PAUL POSTAL EMPLOYEES 631 which occurred in 1948 and thereafter .' Our order , specifying the precise date of the discrimination found as to each individ- ual and the period for which back pay was awarded , is consis- tent with the underlying basis for our findings as explicated in our original decision in this case and as here reiterated. For the reasons hereinabove stated, we affirm our Decision and Order of November 5, 1951, as supplemented and modified by this Supplemental Decision and Order. IT IS HEREBY ORDERED that the complaint herein be, and it hereby is, dismissed as to Angelo Tomeo and that the notice to all employees , marked "Appendix ," required by the Board in its Decision and Order to be posted by the Respondent be amended by deleting therefrom the name of Angelo Tomeo. Chairman Herzog took no part in the consideration of the above Supplemental Decision and Order. 9At footnote 24 in its Decision and Order the Board said, "Our consideration of such evidence is not to be taken as a finding that the Respondent committed an unfair labor practice before March 8,. 1948; in evaluating this evidence we are merely endeavoring to clarify and impart meaning to events which occurred after March 8. 1948 " ST. PAUL POSTAL EMPLOYEES COOPERATIVE CAFETE- RIA COMMITTEE and LOCAL 556, HOTEL, RESTAURANT & CAFETERIA EMPLOYEES UNION, A. F. of L., Petitioner. Case No. 18-RC-1888. June 17, 1953 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before James A. Karigan, hearing officer. 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 [Members Houston , Murdock, and Styles. Upon the entire record in this case , the Board finds: 1. Prior to 1945 the cafeteria concession in the United States Post Office Building in St. Paul, Minnesota , was operated by the Dolan Company. In 1945 the arrangements governing the operation of the cafeteria concession by the Dolan Company were terminated . At that time and in accordance with "Rules and Regulations issued by the Post Office Department For the Operation and Conduct of Post Office Cafeterias in Federal or Leased Buildings ," the St . Paul Postal Employees Cooperative Cafeteria Committee , hereinafter called the Committee, was organized for the purpose of operating a cafeteria in the base- 105 NLRB No. 84. 632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ment of the Post Office Building in St. Paul. The regulations provide for the operation of a cafeteria under the following conditions: (1) The cafeteria shall not be operated for the profit of any individual. 2) Suitable space shall be available and it must be con- clusively shown that a cafeteria is necessary in the interest of an efficient and economical operation of the Postal Service. (3) All equipment necessary for the operation of a cafe- teria shall be provided by the cafeteria. (4) The cafeteria shall pay for all utilities except heat, water and rent which shall be provided by the Post Office Department . The cafeteria shall pay all necessary expenses for repair and maintenance and replacement of equipment and for maintaining the premises in a clean and sanitary condition. (5) The cafeteria shall be managed on a cooperative plan by a representative committee of five responsible Post Office employees , who shall be selected by the Post Master from names nominated by various employee groups and one member at large. (6) The Committee shall manage, supervise and control the activities of the cafeteria under the direct supervision and control of the Post Master who shall be responsible for the efficient and economical conduct of the business. (7) The Committee shall have full power to employ a man- ager , fix the salaries , hours of service , require all employees who handle funds to furnish bonds, deposit and disburse all funds , fix prices for food supplies , see that purchases are made in the proper manner and for the best interests of all patrons , require the manager to render a daily report of all receipts , and to fix the profit margin so as to provide for a reasonable reserve. (8) The operation of the cafeteria shall be thoroughly supervised and audited as though it were apost office unit. To this end the Post Master shall detail two qualified members of the Post Office who are not members of the Committee to audit the financial records and transactions. Upon the recommendation of the postmaster the Committee hired as manager of the cafeteria the person who had man- aged it for the Dolan Company. The cafeteria has been operated since 1945 by the manager under the direction of the Committee. The manager has hired the necessary employees to operate the cafeteria, established wage rates and hours of employment, and in general has established labor relations policies under the supervision of the Committee. During the last calendar year the Committee purchased goods valued in excess of $25,000, none of which was purchased outside the State of Minnesota. DECATUR TRANSFER & STORAGE, INC. 633 During the same period it sold over $ 50,000 worth of food, beverages , and miscellaneous merchandise to employees of the Post Office Department and other Federal agencies located in the Post Office Building in St. Paul. The jurisdictional facts set forth above show that the Committee makes no out-of-State sales or purchases , nor does it furnish services to firms over whom the Board would assert jurisdiction . Under these cir- cumstances , without deciding whether the Committee is engaged in operations affecting commerce within the meaning of the Act, t we find that in any event , it would not effectuate the policies of the Act to assert jurisdiction in this case because those operations do not meet the Board's requirements for the assertion of jurisdiction .' Accordingly , we shall dismiss the petition. [ The Board dismissed the petition]. ICf. National Food Corporation, 88 NLRB 1500, Air Terminal Services, Inc., 67 NLRB 702, Lee Stine, d/b/a Fairchild Cafeteria, 87 NLRB 667, all decided before the adoption of the present standards for the assertion of jurisdiction. 2Stanislaus Implement and Hardware Company, Ltd., 91 NLRB 618; Hollow Tree Lumber Company, 91 NLRB 635. DECATUR TRANSFER & STORAGE, INC. and CHAUFFEURS & SALES DRIVERS LOCAL UNION NO. 402, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN & HELPERS OF AMERICA, AFL, Petitioner DECATUR TRANSIT, INC. and CHAUFFEURS & SALES DRIVERS LOCAL UNION NO. 402, INTERNATIONAL BROTH- ERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE- MEN & HELPERS OF AMERICA, AFL, Petitioner. Cases Nos. 10-RC-2308 and 10-RC-2309. June 17, 1953 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed under Section 9 ( c) of the National Labor Relations Act, a consolidated hearing was held before Gilbert Cohen, hearing officer . 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 [Members Murdock, Styles , and Peter- son]. Upon the entire record in this case , the Board finds: 1. In Case No . 10-RC-2309 , the Employer , Decatur Transit, Inc., is an Alabama corporation with its principal office and place of business located in Decatur, Alabama . This corpora- tion is engaged in three separate operations : Decatur Transit 105 NLRB No. 78.