Wackenhut Corp.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Wackenhut Corporation and Power Plant Police and Security Officers, Local 1. Case 3-CA- 10352 29 June 1984 DECISION AND ORDER REVOKING CERTIFICATION BY CHAIRMAN DOTSON AND MEMBERS ZIMMERMAN AND HUNTER On 5 March 1981 the National Labor Relations Board issued a Decision and Certification of Repre- sentative ' in which it certified the Charging Party as the exclusive representative of certain employees of the Employer for the purposes of collective bar- gaining. On 18 May 1982 pursuant to the General Coun- sel's Motion for Summary Judgment alleging that the Respondent refused to bargain, the Board issued a Notice to Show Cause why the General Counsel's motion should not be granted. Thereafter in Harrah's Marina Hotel, 267 NLRB 1007 (1983), the Board found that the Federation of Special Police and Law Enforcement Officers, with which the Charging Party is affiliated, and Casino Police and Security Officers, a sister local of the Charging Party, are not labor organizations. Subsequently on 27 December 1983 the Board in response to the Respondent's brief in opposition and motion to reopen the record and vacate certification issued a Notice to Show Cause why, in light of its findings in Harrah's Marina, the Board's certification of the Charging Party as representative in the instant pro- ceeding should not be revoked. Neither the Re- spondent nor the Charging Party responded to the Notice to Show Cause. However in its brief in op- position, the Respondent contended that the Charg- ing Party is not an organization dedicated to the in- terest of employees and that employees do not par- ticipate in it, to any significant extent. We find merit in the Respondent's contentions which are similar to those raised in Harrah's Marina above.2 i Case 3-RC-7881, not reported in Board volumes. 2 In granting the Respondent's motion to reopen the record and vacate certification, we accept as new unavailable evidence a copy of the tran- In the course of determining in Harrah's Marina, above, that the Federation is not a labor organiza- tion the Regional Director received evidence which tends to show that the Charging Party herein has no independent status sufficient to sup- port a finding that it is a bona fide labor organiza- tion. Thus the Regional Director took notice of the apparently uncontradicted testimony of the Charg- ing Party's president, William Wachholder, at the criminal trial of Federation officers Daniel Cun- ningham and Herman Jaffe, that Cunningham es- tablished the Charging Party and had made Wach- holder, his father-in-law, the nominal president but that Wachholder never performed any functions as an officer of the Charging Party. In light of this evidence and in the absence of independent evi- dence that the Charging Party exists for the pur- poses set forth in the Act or that employees partici- pate in the Charging Party to any significant extent we conclude that the Charging Party's initial show- ing in Case 3-RC-7881 that it was a labor organi- zation has been rebutted and that on the record considered as a whole it has not demonstrated that it is a labor organization within the meaning of Section 2(5) of the Act. Thus, we conclude that the Respondent has not violated Section 8(aXS) of the Act and we deny the General Counsel's Motion for Summary Judgment. Also we shall revoke the cer- tification and dismiss the complaint. ORDER Upon the basis of the above findings and the entire record in this case and taking official notice of the record and findings in Harrah's Marina, above, the National Labor Relations Board hereby orders that the Certification of Representative heretofore issued in Case 3-RC-7881 is revoked. IT IS FURTHER ORDERED that the General Coun- sel's Motion for Summary Judgment is denied and the complaint is dismissed. script of the jury's verdict in US. v. Daniel Cunningham, Herman Jaffe and Salvatore "Frank" Ponti, No. CR 81-480-1 (E.D.N.Y. 1982), as sub- mitted by the Respondent. 271 NLRB No. 12 70