Professional Building Corp.

In the Matter of PROFESSIONAL BUILDING CORPORATION, A CORPORATION OPERATING THE MEDICAL SCIENCE BUILDING and BUILDING SERVICE EMPLOYEES INTERNATIONAL UNION, A. F. OF L. Case No. R-4316.-Decided October 23, 19.4 Jurisdiction : office building in District of Columbia. Investigation and Certification of Representatives : existence of question : refusal - to accord petitioner recognition until certified by the Board ; prior certification by Regional Director of a local organization, the successorship of which was a matter of dispute, held no bar; election necessary. Unit Appropriate for Collective Bargaining : building service, maintenance, and construction employees, including bookkeeper-cashier. Mr. Earle K. Shaave and Mr. Keith W. Blinn, for the Board. Mr. Bernard I. Nordlinger, of Washington, D. C., for the Com- pany. Mr. Samuel Levine, of Washington, D. C., for the A. F. of L. Mr. William J. Pohnwr, of Washington, D. C., for District 50. Miss Viola James, of counsel to the Board C DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Building Service Employees Interna- tional Union, affiliated with American Federation of Labor, herein called the A.-F. of L., alleging that a question affecting commerce had arisen concerning the representation of employees of Professional Building Corporation, a corporation operating the Medical, Science' Building, in Washington, D. C., herein called the Company, the Na-, tional Labor Relations Board provided for an appropriate hearing upon due notice before Henry J. Kent, Trial Examiner. Said hearing was held at Washington, D. C., on September 15, 1942. The Board, the Company, the A. F. of L. and United Construction Workers, Local 120, Division of District 50, United Mine Workers of America, herein called District 50, appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine 45 N. L. R. B., No. 8. 42 PROFESSIONAL BUILDING CORPORATION 43, witnesses, and to introduce' evidence bearing on the issues. At the hearing the representative of District 50 moved to dismiss the petition on the ground that it is the certified representative 1 of the employees involved, herein;. and further moved (1) that certain unfair labor practice charges 2 be reinstated and a hearing therein ordered, and (2), that the Board issue a complaint against the Company and the A. F. of L. without reference to the Regional Director, whom District 50 charged had acted to District 50's prejudice. The Trial Examiner reserved ruling on the motion for the Board. For the reasons appear-_ ing herein, the motion in its -entirety is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company. operates for profit,'the Medical Science Building, which is occupied primarily by doctors and dentists. From these ten-' ants the Company receives approximately $6,500 per month rentals. For use in the building, the Company purchases supplies, gas, elec- tricity, and fuel amounting to approximately $700 per month. The Company concedes, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED =Building'-Service Employees International Union, affiliated with American Federation of Labor, and United Construction Workers,, Local 120, Division of District 50, United Mine Workers of America, are labor organizations, each admitting to membership employees of, the Company. - III. THE QUESTION CONCERNING REPRESENTATION - The Company has refused to recognize the A. F. of L. unless and until it is certified by the Board. 'On March 13 , 1942, United Construction Workers, Local 120, C. I. 0 , herein called: Local 120 , filed a petition and was certified on March 20 by the Regional Director after a pay-roll check, Case No V-R-1002. On June 12, 1942 , District 50 requested that the Regional Director 's certification be amended by substituting District 50 for Local 120, alleging'it was the successor of Local 120 The Regional Director , to whom the request was referred , denied it ' z Case No. V-C-1501 Charges were filed August 10 , 1942 On August 31, 1942 ,- after investigation , the Regional Director refused to issue a complaint , and so notified District 50 District 50 did not seek a review of the Regional Director 's refusal The request of District 50 'that the charges be reinstated is not properly raised in this proceeding 44- DECISIONS OF NATIONAL LABOR RELATIONSF BOARD The- Regional Director's statement, introduced at the hearing;' in- «icates that the A. F. of L. represents a substantial'nulilber of efn-- ployees in the unit it alleges to be appropriate.3 -- - District 50 claims that it is the successor to Local 120 and that it is,, therefore, the certified bargaining agent of the Company's employees.4 Neither Local 120 nor District 50 ever negotiated a contract with the Company.' It is not our function to pass upon the question of suc-- cessorship raised by District 50, in view of the dispute between- the unions involved. However, the conflicting claims of the A. F. of L. and District 50 establish that there is doubt as to the identity of the labor organization which the employees desire as their representa- tive.1 Under the circumstances, we find that the certification of Local 120 by the Regional Director is not a bar to a present determination of representatives of the Company's employees in the Medical Science Building. We will, however, accord District 50 a place on the ballot in the election hereinafter directed. We find that a question affecting commerce has arisen concerning the representation of the Company's employees in,the Medical Science Building, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agreed that all building service, maintenance, and con= struction employees constitute an appropriate unit. There are 19 em- ployees, and they include elevator operators, porters, charwomen, a painter, and Mrs. Healy, a bookkeeper-cashier. The-A. F. of L. de- sires to include Healy; District 50 desires to exclude her on they ground that she is a supervisory employee. From the record it is apparent. that her duties are more clerical than supervisory.. We shall in- clude her. We find that all building service, maintenance, and construction employees, including the bookkeeper-cashier, employed by they Com- ' The Regional Director reported that the A F of i, submitted 17 authorization cards, 15 dated July 13, 1942, and 2 undated; that all 17 bore apparently genuine original signa- tures, and that 10 cards boie the names of peisuns on the pay roll of August 7, 1942, which listed 19 employees in the alleged appropriate unit. At,t1:e hearing the A F of L repre- sentative offered cards beating the navies of the 3 remaining employees of the 19 on the_ pay roll 4 See footnote 1 INo contract was executed either before of after the petition was filed firth the Board seeking to have District 50 substituted for Local 120 The A F of t, representative testified that dm ing the fit St part of July 1942 the Company's Employees sought A F. of L. iepieseutation, and that 15 employees signed a petition disavowing menibeisli,p in District 50 The A F. of L submitted this petition to the Company in one of its requests for recoemtion Said petition was also nitio ]need in evidence at the hearing 0 ]fatter of Breniecr Truchinq Company , et at. and United Paevig and P,urhllnq Supply Workers, Local InCnstrial Union No 1221, C I 0 , 44 N L R B 810; utter of Harbison-111alker Refracto,ies Company and United Clay Products 117orlers , Local Indus- trial Union No. 1201, etc., 44 N . L. R. B 816 PROFESSIONAL BUILDING CORPORATION 45 pang in the Medical Science Building, Washington, D. C., constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTA'rlvES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the- limitations and additions set forth in _ the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section '9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DiRI C -ED 'that, as part of the investigation to ascertain iepresent- -atives for'the purposes of collective bargaining with Pfofessiondl Building Corporation, a corporation operating the Medical' Science Building, Washington, D. C., an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the FrfthRegion, 'acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees in the unit found to be appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this ,Direction, including any such employees,who did not work during, ,said-pay-roll period because they were ill or on vacation or, in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether; they desire to be represented by Building 'Service Employees International Union, affiliated with American Fed- eration of Labor, or by United Construction Workers, Local 120; Divi- •sion.of.District 50, United Mine Workers of America; or,by neither.