Don Lee Broadcasting System

In the Matter of THOMAS S. LEE ENTERPRISES, INC., DOING BUSINESS AS DON LEE BROADCASTING SYSTEM, EMPLOYER and AMERICAN FEDERATION OF GUARDS, LOCAL 1, PETITIONER - Case No. 21-RC-379.-Decided August 27, 1948 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-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization named below claims to represent em- ployees of the Employer. 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons: Petitioner seeks a unit of a single individual, Richter, who, it con- tends, is4,guard.' The Employer denies.that Richter is a guard. Until May 17, 1948, the Employer had contracted with the Califor- nia Building Maintenance Company to perform its janitorial and custodial work. The Maintenance Company also operated as a detec- tive agency licensed by the State of California. The Maintenance Company hired Richter and stationed him at the Employer's televi- sion broadcasting station to clean the buildings and maintain the grounds. Richter had no regular patrol duties, but, if the occasion * Chairman Herzog and Members Murdock and Gray. 79 N. L. R. B., No. 27. 204 DON LEE BROADCASTING SYSTEM 205 arose, he was expected to warn trespassers off the grounds. On May 17, 1948, the Employer terminated its contract with the Maintenance Company and retained Richter as its own employee to do the same work as before. The record is clear that Richter spends the greater part of his time as an ordinary janitor and only a small part as a guard. In these circumstances, we find that Richter is not a guard within the meaning of the Act.' As an ordinary maintenance employee, he belongs in the same unit with other production and maintenance employees, and the separate unit sought by the Petitioner is inappropriate. Accord- ingly, we shall dismiss the petition 2 ORDER -Upon the basis of the foregoing findings of fact, and upon the entire record in this proceeding, the National Labor Relations Board hereby orders that the petition for investigation and certification of repre- sentatives of employees of Thomas S. Lee Enterprises, Inc., doing business as Don Lee Broadcasting System, Los Angeles, California, filed herein by American Federation of Guards, Local 1, be, and it hereby is, dismissed. '.Matter of Central Sash and Door Co., 77 N. L. R. B. 418; Matter of Warwick Lumber Co., 78 N. L. R. B. 107. 2 In view of our disposition of the case , we find it unnecessary to pass upon the question of whether or not a one-man unit may be appropriate under Section 9 (b) of the Act.