Yonkers Raceway, Inc.

National Labor Relations Board - Board Decisions

Apr 14, 1972

196 N.L.R.B. 373 (N.L.R.B. 1972)

YONKERS RACEWAY, INC.
Yonkers Raceway, Inc., Employer-Petitioner and Se-
curity Guards & Watchmen Local No. 803, Interna-
tional Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America .' Case 2-
RM-1649
April 14, 1972
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS JENKINS
AND KENNEDY
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer Thomas T. Trunkes
on January 10 and 11, 1972, at New York, New York.
Thereafter, pursuant to Section 102.67 of the National
Labor Relations Board Rules and Regulations, Series
8, as amended, the Regional Director for Region 2
transferred this case to the Board for decision. Briefs
have been timely filed by the Employer-Petitioner,
and the Intervenor.2
1 Name of Union appears as amended at the hearing.
2 Service Employees International Union was permitted to intervene on
the basis of its interest as representative of other employees of Yonkers
Raceway.
373
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has reviewed the rulings of the Hearing
Officer made at the hearing and finds that they are
free of prejudicial error. They are hereby affirmed.
Upon the entire record in this case, the Board finds:
The Employer-Petitioner is a New York corpora-
tion engaged in the operation of a harness racing track
at Yonkers, New York. As is recognized by all parties
to this proceeding, the Board, for reasons fully expli-
cated elsewhere,3 has consistently declined to assert
jurisdiction over the racing industry of which the Em-
ployer-Petitioner is a part. Although we recognize, as
the Employer urges, that this industry does have some
effect on interstate commerce, we are not prepared at
this time to reverse our existing policy. We shall there-
fore decline to assert jurisdiction over the Employer,
and shall dismiss the petition herein.
ORDER
It is hereby ordered that the petition be, and it
hereby is, dismissed.
3 Centennial Turf Club, Inc, 192 NLRB No. 97, Walter A. Kelley, 139
NLRB 744; Meadow Stud Inc, 130 NLRB 1202; Hialeah Race Course, Inc,
125 NLRB 388; Los Angeles Turf Club, Inc, 90 NLRB 20.
196 NLRB No. 81