Magic Mountain, Inc.Download PDFNational Labor Relations Board - Board DecisionsMay 14, 1959123 N.L.R.B. 1170 (N.L.R.B. 1959) Copy Citation 1170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD attitude of neutrality in order to avoid the appearance of cooperativeness , cannot advance the purposes the Act was designed to achieve . It can only serve to promote conflict and strife in bargaining-or invite dissimulation . I am convinced that the position pressed by the General Counsel is not only unsound in law; it is one which, if adopted , would present a serious impediment to free and rational collective bargaining in seniority controversies. For the reasons stated above , I find that the Respondents have not engaged in unfair labor practices as alleged in the complaints in this consolidated proceeding. [Recommendations omitted from publication.] Magic Mountain , Inc. and Brotherhood of Painters, Decorators and Paper Hangers of America, Local 79, AFL-CIO Magic Mountain , Inc. and Carpenters District Council of Denver and Vicinity, AFL-CIO Magic Mountain , Inc. and Operating Plasterers and Cement Masons International Union Local 32, AFL-CIO Magic Mountain , Inc. and International Association of Machin- ists, District Local No. 86, AFL-CIO . Cases Nos. 30-RC-1559, 30-RC-1565, 30-RC-1567, and 30-RC-1606. May 14, 1959 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Allison E. Nutt, hearing officer. The hearing officer's rulings made at the hear- ing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds: The employer is a Colorado corporation which is currently en- gaged in the construction of an amusement park near Denver, Colo- rado. The park at the time of the hearing was approximately 30 per- cent completed. It was stipulated that during the 12-month period ending July 1, 1959, the Employer expects to receive capital goods valued at not more than $100,000, which will be shipped directly to it from sources outside of Colorado and which will be used for the con- struction of the park. It is contemplated that construction will be completed on or about July 1, 1959, whereupon such expenditures will cease. The Employer will then be engaged only in the operation of the park. There is no information in the record as to what volume of business the Employer may be expected to do after that time nor the extent to which that business will affect interstate commerce. The Board has long held that it will not assert jurisdiction over an employer's business on the basis of its nonrecurring capital ex- penditures alone,' and we reiterate that policy here. The present operations of the Employer, aside from its capital expenditures, do 1 Rw,chter Trans fer Company, 80 NLRB 1246; E. T. Gresham Company, Inc, 85 NLRB 891. 123 NLRB No. 146. R. L. POLK & COMPANY 1171 not have sufficient impact on interstate commerce to warrant our assertion of jurisdiction at this time. Since we find that it will not presently effectuate the policies of the Act to assert jurisdiction, we shall dismiss the instant petition. The Board dismissed the petition.] MEMBER RODGERS took no part in the consideration of the above Decision and Order. R. L. Polk & Company and Office Employees International Union, AFL-CIO, Petitioner. Case No. 9-RC-3561. May 14, 1959 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 Clifford L. Hardy, 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 [Members Rodgers, Bean, and Fanning]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain employees of the Employer. 3. The Employer, relying upon Section 9(c) (3) of the Act, urges that the Board should dismiss the petition herein which was filed less than 12 months after the Board, on February 3, 1959, certified the results of an election held October 20, 1957,' contending that it is entitled to a 1-year "cooling off" period from the date of the final Board determination of the previous election. We have previously held, contrary to the contention of the Employer, that the 12-month limitation period of Section 9(c) (3) begins to run from the date of balloting in the preceding election, rather than from the date of certification.' Accordingly, we find no merit in the Employer's posi- tion and deny its motion to dismiss. We find that a question affecting commerce exists concerning the representation of certain employees of the Employer, within the meaning of Section 2 (6) and (7) of the Act. 4. The Petitioner seeks to represent a plantwide unit at the Em- ployer's plant, located at 400 Pike Street, Cincinnati, Ohio. The 1 R. L. Polk and Company, 118 NLRB 1454, in which ,the Union was not successful z Kolcast Industries , Inc., 117 NLRB 418; Mallinekrodt Chemseal Works, 84 NLRB 291. 123 NLRB No. 739. Copy with citationCopy as parenthetical citation