The William J. Burns International Detective Agency, Inc.

National Labor Relations Board - Board Decisions

Sep 5, 1962

138 N.L.R.B. 447 (N.L.R.B. 1962)

WILLIAM J. BURNS INT'L DETECTIVE AGENCY, INC. 447
tion which would, in fact, be affected by any further steps which might
be taken here.
And finally, there is the fact that Local 816 has indeed disclaimed
any further demand for the work in question. In these circumstances,
as almost 3 years have passed since the events occurred, as the Em-
ployer and the Union then involved no longer have any interest in
this proceeding or could in any way be affected by our decision, as
the present employer and the union of its employees are virtual
strangers to the alleged illegal conduct which formed the basis of the
charge in the first instance, and as the Respondent has abandoned
any further claim to the disputed work, we shall quash the notice of
hearing and discontinue the entire case. We are not hereby to be
taken as passing judgment upon any of the contentions urged by the
parties at any stage of the proceeding.
[The Board quashed the notice of hearing issued in this case.]
The William J. Burns International Detective Agency, Inc. and
L. Harry Dadmun and Joseph F. Rodrigue ,' Petitioners and
Independent Union of Plant Protection Employees . Case No.
1-RD-376. September 5, 1961
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Louis Shuman, 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 [Chairman McCulloch and Members Rodgers and
Fanning].
Upon the entire record, the Board finds : 2
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain
employees of the Employer? The Union (IUPPE) 'resists the inter-
i The posthearing request of Petitioner Rodrigue to withdraw is denied inasmuch as.
Copetitioner opposes this withdrawal . The fact that the latter may no longer be a mem-
ber of the bargaining unit is immaterial under Section 9 ( c) (1) (A) of the Act.
2 The motion to consolidate this proceeding with Case No. 2-RC-11954 is denied because
the parties in the two cases are not the same . However, we take administrative notice
of the other proceeding. See paragraph 2, below.
9 The Petitioners assert that the Union , the certified bargaining agent for the employees
here concerned , is no longer the bargaining representative as defined in Section 9(a) of
the Act . From the record it appears that the Union was certified by the Board on May 12,
1960, as International Independent Union of Plant Protection Employees.
138 NLRB No. 51.
448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vention of the International Union of Police and Protection Employ-
ees-Independent Watchmen's Association, contending that it is not
a labor organization; that its showing of interest is fraudulent and
actually indicates a showing for it, the IUPPE, because of the simi-
larity of initials and insignia; and that the IUPPE-IWA has repre-
sented itself to be the IUPPE. At the close of the hearing Intervenor
IUPPE-IWA withdrew from its stipulation that the IUPPE is a
labor organization. As the record contains testimony that employees
participate in each organization and that each exists for the purpose
of dealing with employers concerning employee wages and other con-
ditions of employment, we find that both are labor organizations
within the meaning of the Act. Thus the fact that the IWA consti-
tution provides for locals rather than "subdivisions" such as the
IUPPE-IWA, is not pertinent to our conclusion the the IUPPE-
IWA is a labor organization. For the reasons set forth in our
decision issuing this day involving employees of this same Employer
in New York City, 138 NLRB 449, we find that the tactics of
those who spearheaded organization of the IUPPE-IWA, including
the use of confusing initials and insignia,4 although deplorable, do
not warrant our denying,the Board's machinery to the resulting labor
organization in the circumstances. We also note that no adminis-
trative determination on the showing and fronting issues was sought
collateral to this proceeding.
3. A question concerning commerce exists concerning the repre-
sentation of certain employees of the Employer, within Section
9(c) (1) and Section 2(6) and (7) of the Act.
4. All parties except the Union, which took no position, agree that
the contract unit in which the Union was certified is appropriate.
This has included regular part-time guards, which has been inter-
preted as including those who work 8 hours or more a week, averaged
monthly, and has excluded irregular part-time guards who work less
than 8 hours a week averaged monthly. Investigators have been
excluded from the unit. As to them the record shows that they are
plainclothesmen who have separate supervision and no contact with
guards as such.
Sergeants have also been included in the unit. As to them we note
testimony that in emergencies those working in the western part of
the State may interview and recommend hire. It also appears that
sergeants may assign overtime. We do not consider this limited evi-
dence concerning supervisory authority sufficient for a finding that
sergeants are supervisors within the meaning of the Act, and, accord-
ingly, we shall include them in the unit.
* The authorization card with blue shield imprint, which was rejected as an exhibit in
this case, is the same as that admitted in evidence in the New York representation case
now issuing.
WILLIAM J. BURNS INT'L DETECTIVE AGENCY, INC. 449
We find that the following employees constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
All full-time guards employed by the Employer at its Boston,
Massachusetts, branch office, including regular part-time guards
and sergeants, but excluding all other employees, office clerical
employees, investigators, inspectors, dispatchers, irregular part-
time guards, and supervisors as defined in the Act.
5. The Intervenor requests and the Union objects to a mail ballot.
In accord with our general practice, we leave this determination to
the discretion of the Regional Director.
[Text of Direction of Election omitted from publication.]
The William J. Burns International Detective Agency, Inc.' and
International Union of Police and Protection Employees-
Independent Watchmen 's Association, Petitioner. Case No.
2-RC-11954. September 5, 1962
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 ( c) of the National Labor
Relations Act, a hearing was held before Robert E. Harding, 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 mem-
ber panel [Chairman McCulloch and Members Rodgers and Fanning].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer . At the hearing Intervenor Local 238,3 which
' The Employer 's name appears as amended at the hearing.
2 The hearing officer referred to the Board various motions as follows : a motion to con-
solidate this proceeding with a decertification proceeding involving employees of this
Employer in the First Region ( Case No. 1-RD-376 ) which is hereby denied because the
same parties are not involved in both proceedings ; a motion to request the Board to take
judicial or administrative notice of the record in the decertification proceeding , which is
hereby granted ; and a motion that the Board enforce a subpena for a Massachusetts
resident, Collins , who is an officer of Local 14 of the Boston Union , which is hereby denied
inasmuch as the testimony sought from this witness concerning merger is not relevant in
view of our determination in paragraph 2 of this Decision.
8 Security and Protective Employees Union, Local 238, Building Service Employees
International Union , AFL-,CIO, herein referred to as Intervenor Local 238, was allowed
to intervene based upon its contract interest . International Guards' and Watchmen's
Union, Independent , was allowed to intervene based upon its showing of interest . Special
Officers and Guards Union , Local 177 , Building Service Employees International Union,
138 NLRB No. 52.