Spartan Cafeteria Corp.

166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD them in a separate unit for the purposes of collective bargaining.,- We therefore find that the requested unit, limited to a segment of the Employer's technical employees, is inappropriate for the pur- poses of collective bargaining.12 Accordingly, we shall dismiss the petition. [The Board dismissed the petition.] 11 There are approximately 347 analysts , planners, and control personnel°working at the plant who are not represented by any labor organization. 19 E I. DuPont de Nemours and Company , Inc., Construction Div'sion, Savannah River Plant, 107 NLRB 734; Palmer Manufacturing Corporation, 105 NLRB 812 ; Ladish Co., l0O NLRB 159. SPARTAN CAFETERIA CORPORATION and HOTEL AND RESTAURANT EM- PLOYEES AND BARTENDERS IN UNION, LOCAL 135, PE- TITIONER. Case No. 16-RC-1468. July 13,1954 Decision and Order Upon a petition`duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Marvin L. Smith, Jr., hear- ing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' Upon the entire record in this case, the Board finds : The Employer is engaged at Tulsa, Oklahoma, in the retail sale of food in its cafeteria to the general public. During the last year, it made purchases of $187,284, of which approximately $18,703 was from out-of-State; while its total sales of $377,000 were all made within the State. The Employer was operated as a unit of Spartan Aircraft Company, herein called Spartan, from 1941 until April 29, 1954, when it was separately incorporated as a wholly owned subsidiary. The Employer contends that the Board should not assert jurisdiction herein because its operations are wholly local in nature and have al- ways been separate from those of Spartan. On the other hand, the Petitioner argues that the Employer is an integral part of Spartan over which the Board concededly has jurisdiction.2 The Employer's cafeteria is located directly across from the munic- ipal airport and within a short distance of Spartan's aviation school and a mile from its plant. It was constructed in 1941 primarily be- cause, under Spartan's military contracts with the United States Gov- ernment, Spartan was required to feed students attending its aviation 1 The name of the Employer as it appears in the petition was amended to the above form- 2 Spartan Aircraft Company manufactures and sells house trailers . During the past year `!t .hipped out- and -received • from out-of-State, in + each instance, goods valued in,excess of $900, 000. The - Employer concedes , and', we find, that Spartau ,.is'engaged' in commerce within the meaning of the Act. 109 NLRB No. 30. MIAMI PAPER BOARD MILLS, INC.. 167 school, although, even at that time, the cafeteria also served the general public. However, the last of these large military contracts expired in 1944. At present, Spartan has only a small Government contract, re- quiring it to feed 13 students, and that contract expired June 30, 1954.3 The Employer's revenue from Spartan under this contract is negligible. The Employer, in addition, receives some revenue from the comparatively small number of Spartan employees who patronize the cafeteria 4 However, most of its present revenue is derived from the general public. Although the Employer and Spartan have 2 officers and 1 director in common, the general operations of the Employer are handled by its own manager. It maintains separately its own bank account, and its own inventory, employment, and payroll records. The Employer leases the cafeteria from Spartan and pays rent to Spartan, which performs the usual maintenance work of a landlord. The Employer also reimburses Spartan for any services rendered on its behalf, such as preparation of payroll and checks, or labor relations consultation. There is no interchange of employees of Employer and Spartan. Nor is there any substantial integration of their separate business. In view of the foregoing and upon the entire record, we find that the Employer is not an integral part of Spartan and that, as the Employer's operations are substantially local in character, it would not effectuate the policies of the Act to assert jurisdiction in this case.5 [The Board dismissed the petition.] MEMBER PETERSON took no part in the consideration of the above Decision and Order. 8 Also attending aviation school are 18 officers and some foreign students who receive a S-percent discount in their cafeteria meals. ' Of Spartan's 1,500 employees, only 42 eat at the cafeteria regularly, while 311 eat there on occasion. The cafeteria accommodates 1,200. 5 Dan Dee Central Ohio Corporation, 106 NLRB 1303; Goodman's Inc., 101 NLRB 352; N. L. R. B. v. Shawnee Milling Company, d/b/a Pauls Valley Milling Company, 184 F. 2d 57 (C. A. 10) ; see Local 1083, United Automobile, Aircraft and Agricultural Implement Workers of America, CIO, 107 NLRB 470. MIAMI PAPER BOARD MILLS , INC. AND SIMCO WASTE PAPER, INC. and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE- HOUSEMEN & HELPERS OF AMERICA, AFL, LOCAL UNION No. 390, PETITIONER. Case No. 10-RC-3607. July 13,1954 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National La- bor Relations Act, a hearing was held before Allen Sinsheimer, Jr., 109 NLRB No. 31.