Claiborne Towers, Inc.

CLAIBORNE TOWERS, INC., ETC . 187 Claiborne Towers, Inc., and Governor Claiborne Apartments, Inc.' and Hotel & Restaurant Employees & Bartenders Inter- national Union, AFL-CIO, Petitioner. Case No. 15-RC-1971. Janua''y 18, 1960 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 Andrew C. Partee, 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 Leedom and Members Bean and Fanning]. Upon the entire record in this case the Board finds : 1. The parties stipulated that the sole owner of the Employer is the Sheraton Corporation of America which operates approximately 53 hotels, 4 office buildings, and the Employer herein. The Employer contends that the enterprise being conducted under the names of Claiborne Towers, Inc., and Governor Claiborne Apartments, Inc., does not come under the Board's jurisdiction because the buildings are primarily apartments and that the portion of each building used for office or commercial purposes is insufficient to come within the Board's jurisdictional standards. The parties agree that the two corporations constitute one employer and on the basis of the record we so find. During the fiscal year ending April 30, 1959,' the Employer received $163,149.88 in office rentals and $58,374.38 in store rentals. The amount of $108,580.44 was received from the Southern Bell Telephone and Telegraph Company over which the Board has previously as- serted jurisdiction. The parties also stipulated that the combined purchases of the two corporations was $150,796 of which $81, 895 was received directly from points outside the State of Louisiana. The Board has determined that it will effectuate the policies of the Act to assert jurisdiction if the gross revenue from office buildings amounts to $100,000 of which $25,000 must be derived from organiza- tions whose operations meet any of the Board's jurisdictional stand- ards, exclusive of the indirect outflow and indirect inflow standards established in the Siemens Mailing case, 122 NLRB 81. Accordingly we find that the Employer's operations meet the requirements of the 'The Employer' s name appears as amended at the hearing 2 We are administratively advised that the dollar amount was erroneously stated at the hearing as being for the fiscal year ending April 30, 1959, whereas it should be for the fiscal year ending April 30, 1958. For our purposes it is immaterial. ,126 NLRB No. 30. 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD office building standard and that pit will effectuate the policies of the Act to assert jurisdiction.' 2. The labor organizations involved claim to represent certain em- ployees of the Employer 4 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Section 9(c) (1) and Section 2(6) and (7) of the Act. 4. The parties stipulated as to the appropriateness of the unit, and we find that all the employees of the Employer including maids, cleaning women, housemen, painters, utility men, watch engineers, carpenters, bellmen, elevator operators, and telephone operators at the Employer's Claiborne Towers, Inc., and Governor Claiborne Apartments, Inc., at New Orleans, Louisiana, but excluding man- agers, assistant managers, auditors, assistant auditors, sales engineers, rental agents, cashiers, general cashier, auditing clerk, secretary to the manager, Latin-America representatives for sales, executive housekeeper, assistant housekeeper, inspectresses, head housemen, night supervisor of cleaning, chief engineers, assistant chief engineer, bell captain, security officers, chief telephone operator, and all super- visors as defined in the Act constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication.] Mistletoe Operating Company, 122 NLRB 1534. 4 Genial Truck Drivers, Chauffeurs, Warehousemen & Helpers, Local 270, Ind., was permitted to intervene upon a showing of interest Superior Derrick Corporation and Seafarers' International Union of North America, Atlantic and Gulf District , Harbor & Inland Waterway Division , AFL-CIO.' Cases Nos. 15-CA- 1065 and 15-CA-1096. January 19, 1960 DECISION AND ORDER On August 15, 1959, Trial Examiner Ralph Winkler issued his In- termediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Inter- mediate Report attached hereto. Thereafter, the Respondent and the General Counsel filed exceptions to the Intermediate Report and briefs in support thereof .2 'Herein called SIU. 2 The Respondent has requested oral argument. This request is denied because the record, the exceptions , and the briefs adequately present the issues and positions of the parties. 126 NLRB No. 27.