The Wackenhut Corp.

National Labor Relations Board - Board DecisionsApr 29, 1976

223 N.L.R.B. 1131 (N.L.R.B. 1976)

THE WACKENHUT CORPORATION 1131 The Wackenhut Corporation and Watchmen's and Guard Union , fraternally affiliated with District 2, Marine Engineers Beneficial Association-Associat- ed Maritime Officers, AFL-CIO. Case 12-RC- 4947 April 29, 1976 DECISION ON REVIEW AND ORDER BY MEMBERS JENKINS, PENELLO, AND WALTHER Upon a petition for certification of representative duly filed by Watchmen's and Guard Union, frater- nally affiliated with District 2, Marine Engineers Beneficial Association-Associated Maritime Offi- cers, AFL-CIO, on October 28, 1975, a hearing was held on January 15, 1976, before Hearing Officer Jack D. Livingston of the National Labor Relations Board.' Pursuant to direction of the Board, on De- cember 18, 1975, the Regional Director for Region 12 issued an order transferring the case to the Board for decision. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has reviewed the Hearing Officer's rul- ings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed. The Board has considered the entire record in this case with respect to the issues under review and is now in agreement with the Regional Director that the Petitioner is at least indirectly affiliated with la- bor organizations which admit to membership em- ployees other than guards, and is, therefore, not qual- ified for certification as provided in Section 9(b)(3) of the Act. Petitioner seeks to represent a unit of all watchmen and guards employed by the Employer at its Florida Power and Light facility, Hutchinson's Islands facili- ty located in St . Lucie, Florida. The parties stipulated that for the purposes of this hearing only that the unit sought by the Petitioner is appropriate. The question to be resolved herein is whether the Peti- tioner is, at least , indirectly affiliated with labor orga- nizations which admit to membership, employees other than guards, and is, therefore, not qualified for 1 On November 13, 1975, the Regional Director for Region 12 dismissed the petition on the basis that the Petitioner is at least indirectly affiliated with labor organizations which admit to membership employees other than guards, and is, therefore , not qualified for certification as provided in Sec. 9(bX3) of the Act. The Petitioner filed a request for review of the dismissal with the Board and, on December 18, 1975, the Board issued a ruling on Administrative Action remanding the petition to the Regional Director for the purpose of conducting a hearing. certification as provided in Section 9(b)(3) of the Act. The Employer's motion to dismiss the petition based on such an affiliation with District 2, Marine Engi- neers Beneficial Association-Associated Maritime Officers, AFL-CIO,2 has been referred to this Board for ruling. The record shows that the Petitioner has been in existence since 1970. Its office is located in District 2's. headquarters in Brooklyn, New York.3 The testi- mony establishes that the same individual, Jack Branthover, serves both as the Petitioner's secretary- treasurer and as assistant to the president of District 2. As the Petitioner's secretary-treasurer, Branthover receives no salary or expenses, but as assistant to the president of District 2, he does receive a salary. The record also shows that the Petitioner's president, Gabe Williamsen, is also employed by District 2 as its chief dispatcher.4 While employed in such a dual capacity, Williamsen negotiated the only contract which the Petitioner has ever had with an em- ployer-P.M.J. Associates, Inc., of Brooklyn, New York.' The agreement between the Petitioner and P.M.J. Associates, Inc., is entitled "AGREEMENT between WATCHMENS & GUARDS UNION affi- liated with DISTRICT 2, MEBA-AMO, AFL-CIO and P.M.J., INC." Branthover's testimony revealed that all dues collected from the Petitioner's members are placed in a checking account drawn on the Peti- tioner. All checks drawn are used to pay the Petitioner's bills only. The record shows that in addi- tion to Branthover and Williamsen, John Brady, sec- retary-treasurer of District 2, and Susan Palladino, secretary to the president of District 2, are authorized to and do sign checks on behalf of the Petitioner. According to Branthover, Brady and Palladino are not connected, in any way, with the Petitioner. There is also evidence in the record indicating that the typ- ing of the Petitioner's constitution was done by some of District 2's office personnel. While the Petitioner contends that it is in no way indebted to District 2, and that at no time did it request financial assistance from that organization, the testimony of John Brady indicates that had the Petitioner requested financial aid from District 2, it would have been forthcoming. There is record testimony indicating that all of the employees eligible for membership in District 2, li- censed engineers, deck officers, and stewards, are su- pervisors within the meaning of the Act. Based on this evidence, the Petitioner argues that even if there 2 Hereafter referred to as District 2. 3 The Petitioner , however, does have its own separate telephone number. 4Other than Branthover and Williamsen , Petitioner's only other officers are three executive board members. 5 P.M.J. Associates , Inc., employs approximately 20 guards . Petitioner's executive board members are all employees of P.M .J. Associates , Inc., and, according to Branthover , do not receive any salary or other compensation from the Petitioner. 223 NLRB No. 173 1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD is some form of affiliation between it and District 2, it, the Petitioner, is still not affiliated with a labor organization which admits to membership employees other than guards. The record establishes, however, that District 2's secretary-treasurer, John Brady, is also the secretary-treasurer of District 2-A, Marine Engineers Beneficial Association-Associated Mari- time Officers, AFL-CIO .6 That organization was formed in July of 1975 and is a chartered subordi- nate body of District 2. Its membership is comprised of employees within the meaning of the Act. The Board has held that assistance furnished a guards' union during its infancy by a union admit- ting to membership employees other than guards does not necessarily establish affiliation between the two unions? Here, even if the membership of District 2 is comprised only of supervisors within the mean- ing of the Act, the membership of District 2-A, Dis- trict 2's chartered subordinate body, is comprised of employees within the meaning of the Act. The assis- tance furnished by District 2 to the Petitioner herein cannot be characterized as assistance by a nonguard union to a fledgling guard union during its infancy. That assistance , in the form of free office space and business and secretarial services, has been continu- ous since the organization of the Petitioner in 1970. Furthermore, we find that the holding of the princi- pal offices in the petitioning guard union by officials of District 2 is further evidence of the affiliated rela- tionship between the Petitioner and District 2. Thus, we believe that the extent and duration of Petitioner's dependence upon District 2 and its offi- cials indicates a lack of freedom and independence in formulating its own policies and deciding its own course of action. Accordingly, based on the entire record herein, we find that the Petitioner is, at least, indirectly affiliated with Districts 2 and 2-A within the meaning of Section 9(b)(3) of the Act, and con- clude that it may not be certified as the representa- tive of the Employer's guards. We shall therefore dis- miss the petition. ORDER 6 Hereafter referred to as District 2-A. The Magnavox Company, 97 NLRB 1111 (1952); Willcox Construction Co., Inc., 87 NLRB 371 (1949). It is hereby ordered that the petition filed herein be, and it hereby is, dismissed.