Park Plaza Amusement Co.

428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the basis of the foregoing findings of fact and upon the entire record in the case, the Trial Examiner makes the following: CONCLUSIONS OF LAW 1. The Respondent , C. Malone Trucking, Inc., Waltham, Massachusetts, is engaged in commerce within the meaning of the Act. 2. Local 25, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Charging Party) is a labor organization within the mean- ing of Section 2(5) of the Act. 3. By discriminating in the hire and tenure of employment of Edward R. Beechim and John F. Crispo, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (3) of the Act. 4. By such discrimination and by interfering with, restraining, and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(1) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2(6) and (7) of the Act. [Recommendations omitted from publication.] Park Plaza Amusement Company and International Union of Electrical, Radio and Machine Workers, AFL-CIO, Petitioner. Case No. 32-IBC-1224. August 11, 1959 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-member panel [Members Rodgers, Bean, and Fanning]. Upon the entire record in this case, the Board finds : The Employer, a Tennessee corporation operates a bowling alley and billiards establishment in Memphis, Tennessee, and in 1958, had a gross business of approximately $300,000, of which only a nominal amount was received from out of the State of Tennessee. Thus, the Employer on the above basis fails to meet our current jurisdictional standards for retail establishments.' However, the Petitioner contends that the Employer and another corporation, Malco Theatres, Inc.,2 are integrated enterprises so as to constitute a single employer for the purposes of the Act. M. A. Lightman, Jr., is president of Malco and of the Employer and four 'Carolina Supplies and Cement Co., 122 NLTIB 88. Cf. Magic Mountain, Inc., 123 NLRB 1170. 2 Malco Theatres , Inc., a Tennessee corporation owns or controls approximately 45 theatres In various States and does a gross volume of business in excess of $500,000 yearly. 124 NLRB No. 53. KERMAC NUCLEAR FUELS CORP. 429 of the five officers of Malco are also officers of the Employer. In addi- tion, the two corporations have common stockholders. However, Malco itself owns no stock in the Employer's corporation, and the record shows, Malco had no connection with the organization of the Employer nor has it ever contributed financial or other support to it. The only connection between the two corporations, beyond the fact of common officers and stockholders, is that Malco performs account- ing service for the Employer for which it is paid a fee, deriving a reasonable profit therefrom. There is no interchange of employees, no common labor policies or benefits, nor does Malco exercise any authority or control over the manager of the Employer who actively operates the establishment and who hires and fires employees, inde- pendently of Malco. We conclude from the foregoing that the Em- ployer herein operates independently and not as part of an integrated enterprise, which has centralized management and control over its labor relations policies. Accordingly, we find that the Employer and Malco Theatres, Inc., do not constitute a single employer within the meaning of the Act.' We shall therefore dismiss the petition. [The Board dismissed the petition.] 3 E lectronics Circuits, Inc., 115 NLRB 940; American Furniture Company, Inc., .116 NLRB 1496 ; Clark Concrete Construction . Corporation, 116 'NLRB 321; Central Dairy Products Co., 114 NLRB 1189. Kermac Nuclear Fuels Corp . and United Steelworkers of Amer- ica, AFL-CIO, Petitioner. Case No. 33-RC-708. August 11, 1959 SECOND SUPPLEMENTAL DECISION AND DIRECTION Pursuant to a Supplemental Decision, Order, and. Amended Deci- sion and Direction of Election 1 issued by the Board on March 30, 1959, in the above-entitled proceeding, a runoff election was con- ducted on May 21, 1959, under the direction and supervision of the Regional Director for the Thirty-third Region among the employees in the unit found appropriate by the Board. Upon conclusion of the runoff election, the parties were furnished a tally of 'ballots, which .showed that, of approximately 359 eligible voters, .307 ballots were cast, of which 149 were for Intervenor United Mine Workers of America, District 50, herein called UMW, 152 were for Intervenor -ail, Chemical and Atomic Workers International Union, AFL-CIO, herein called OCAW, 1 was void, and 5 were challenged. The chal- -lenges were sufficient in number to affect the election results. No 'timely objections were made to the .conduct of the election. 1123 NLRB 462. 124 NLRB No. 58.