Vahhalla Memorial Park

National Labor Relations Board - Board Decisions

Dec 29, 1951

97 N.L.R.B. 903 (N.L.R.B. 1951)

VALHALLA MEMORIAL PARK 903
from the report on objections that the Petitioner offered no evidence
to support its contention that the Employer threatened employees
if they voted for the Petitioner or engaged in other acts of interference.
The Petitioner's exceptions to the Regional Director's Report on
objections go beyond its initial objections. Among other things, it
is contended in the exceptions that the Employer caused the tempo-
rary layoff for the purpose of influencing the results of the election.
The Petitioner fails, however, to offer any evidence that the tempo-
rary layoff was actuated by other than economic reasons. The Peti-
tioner alleges that the Employer's officials delivered a prepared speech
the day before the election. However, no evidence was offered to
demonstrate that the speech was coercive or that the Petitioner re-
quested and was denied a similar opportunity to address the em-
ployees.' Finally, the petitioner contends that one Albert Martinez
was not permitted to vote because his name was not on the eligibility
list. It is clear from the Regional Director's report that Martinez
was discharged on September 21, 1951, and replaced the following
working day. Under the circumstances, even if this allegation were
true, it would not affect the election.
Accordingly, we shall, in agreement with the Regional Director,
overrule the objections.
As we have overruled the Petitioner's objections, and as the tally
of ballots shows that no collective bargaining representative has been
chosen, we shall dismiss the petition.
Order
IT Is HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
R Cf. Bonwit-Teller, Inc., 96 NLRB 608.
VALHALLA MEMORIAL PARK, VALHALLA PROPERTIES, AND PIERCE
BROTHERS and SOUTHERN CALIFORNIA DISTRICT COUNCIL OF LABOR-
ERS AND AFFILIATED LABORERS LOCAL No. 300, AFL, PETITIONER.
Case No. 21-RC-2004. December °29,1951
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Ben Grodsky, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
97 NLRB No. 137.
904 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case,' the Board finds :
The Petitioner seeks an election among 10 laborers employed at
a Burbank, California, cemetery. Eight of these laborers, who are
engaged in ground care of the cemetery, are employees of Valhalla
Memorial Park, a nonprofit, nonstock California association of owners
of lots in the cemetery. During the year ending June 30, 1951, 1,291
bodies were buried in the cemetery, of which only about 12 (or 1
percent) were those of persons who died outside the State of Califor-
nia. During the same period, Valhalla Memorial Park purchased
materials outside the State valued at only approximately $50. There
is no evidence that it engaged in any other operations affecting com-
merce within the meaning of the Act, or that it is owned by or oper-
ated as an integral part of any enterprise having such an effect.
The other two laborers, who make cement boxes for cemetery graves
and pour curbs and paving, are employed by Valhalla Properties, a
California business corporation which owns and sells the unsold lots
in the cemetery, has reversionary interest in the sold lots, and also
owns some other local real estate which it rents to Pierce Brothers.
During the year ending June 30, 1951, Valhalla Properties' income,
amounting to over $150,000, was entirely from local sources. Its out-
of-State purchases amounted to only $175. As in the case of Val-
halla Memorial Park, there is no evidence that it engaged in any other
operations affecting commerce.
All the stock of Valhalla Properties is owned by Pierce Brothers,,
undertakers, over which the Board has recently asserted jurisdiction?
Several of Pierce Brothers' employees are licensed to sell cemetery
lots owned by Valhalla Properties in Valhalla Memorial Park, as well
as lots in other cemeteries. A Pierce Brothers official is also an offi-
cial of Valhalla Memorial Park, and about 10 percent of the bodies
prepared by Pierce Brothers are, buried there by the next of kin.
However, no employees of Pierce Brothers are involved in this
proceeding.
Valhalla Memorial Park and Valhalla. Properties together main-
tain joint offices on the cemetery grounds; a single general superin-
tendent supervises, hires, discharges, and has complete control of all
10 laborers; and there is some employee interchange.' However,
Valhalla Memorial Park and Valhalla Properties maintain separate
books, payrolls, and social security account numbers.
All the circumstances present in this case, particularly the nature
and size of the operation, persuade us that a labor dispute at this
The Employers' request for oral argument is hereby denied because the record and the
briefs, in our opinion , adequately present the issues and the positions of the parties.
Pierce Brothers , 97 NLRB 317.
' Although questioned on the subject, no one at the hearing could testify as to the finan-
cial arrangements between the two companies regarding the employee interchange.
BILTMORE MANUFACTURING COMPANY 905
operation would not have a sufficiently substantial impact on inter-
state commerce to justify assertion of jurisdiction by the Board. We
shall :diRmigs the petition.
Order
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
MEMBER HOUSTON took no part in the consideration of the above
Decision and Order.
BII/EMORE MANUFACTURING COMPANY and JACQUELINE WRIGHT, ROMER
CONNER, AND NELLIE HUDSON, PETETIONERS and THE UNITED TEXTILE
WORKERS OF AMERICA, AFL. Case No. 34-RD-25. December 29,
1951
Supplemental Decision and Order
Pursuant to a Decision and Direction of Election, an election by
secret ballot was conducted on November 14, 1950, under the direction
and supervision of the Regional Director for the Region in which this
case was heard, among the employees of the Employer in the unit
found to be appropriate. At the close of the election, the parties were
furnished a tally of ballots. The tally showed the following results :
Approximate number of eligible voters ----------------------------- 143
Void ballots----------------------------------------------------- 1
Votes cast for the Union------------------------------------------ 62
Votes cast against the Union-------------------------------------- 68
Valid votes counted---------------------------------------------- 130
Challenged ballots----------------------------------------------- 0
The Union duly filed objections to the conduct of the election and
to conduct affecting the results of the election. On April 13, 1951, the
Regional Director issued his report on objections in which he found
the objections without merit and recommended that they be overruled.
Thereafter the Union duly filed exceptions to the Regional Director's
report.
The Union contends that the Employer interfered with the election
by making a speech to the employees on company property and time
just before the election, without affording the Union an equal oppor-
tunity to address the employees. An investigation by the Regional
Director disclosed the following facts : Shortly after 10 a. in. on the
morning of November 14, 1950, about 2 hours before the polls opened,
J. M. Lane, the plant manager, requested on the plant public address
system that all employees report to the lunchroom. The employees
were not instructed to punch out on the time clock and did not do so.
97 NLRB No. 128.