Burns International Detective Agency

National Labor Relations Board - Board Decisions

Jun 8, 1943

50 N.L.R.B. 219 (N.L.R.B. 1943)

In the Matter of W. SHERMAN BURNS, ;RAYMOND J. BURNS, ASHLEY
JOHN BURNS, tWILLIAM ;J. BURNS, ' AND WILLIAM SHERMAN BURNS,
JR. (DOING BUSINESS UNDER THE FIRM NAME AND STYLE BURNS
INTERNATIONAL DETECTIVE AGENCY) and AMERICAN FEDERATION OF
LABOR
Case No. R-25487.--Decided June 8,1943
Mr. Ch arles J. Wokasien, of Buffalo, N. Y., for the Company.
Mr. Neil J. Cunningh m , of Buffalo , N. Y., for the A. `F. 'L.
Mr. Edward F. Gray; of Buffalo, N . Y., for the CIO.
Mr. David; V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Labor, herein
called the A. F. L., alleging that a question affecting commerce had
arisen concerning' the representation- of employees of: W. Sherman
Burns, Raymond J. Burns, Ashley John Burns, William J. Burns,
and William Sherman Burns, Jr. (doing business under the firm
name and style Burns International Detective Agency), Buffalo, New
Y drk, herein called the Company, employed as uniformed guards at
the Houde Engineering Company Division of the Houdaille-Hershey
Corporation, Buffalo, New York, herein called the Corporation, the
National Labor. Relations Board provided for an appropriate hear-
ing upon due notice before Francis V. Cole, Trial Examiner. Said
hearing was held at Buffalo, New York, on May 21, 1943. The Com-
pany, the A. F. L.,. and United Automobile, Aircraft & Agricultural
Implement Workers of America, CIO, herein called the CIO, ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
Tearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
50 N. L R. B, No. 37.
219
220 DECISIONS 01F' NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. ' THE BUSINESS OF THE COMPANY
W. Sherman Burns, Raymond J. Burns,, Ashley John Burns,
William J. Burns, and WilliafnvSherman Burn's, Jr., (doing bu"siness
under the firm name' and style Burns International Detective
Agency), are engaged in a general detective business with offices in
the principal cities of the United States, and furnish guards to vari-
ous manufacturing plants throughout the country. The Corpora-
tion, through its Houde Engineering Company Division, operates a
plant and an annex at Buffalo, New York, with which we are con-
cerned herein. A contract between- the Company and the Corpora-
tion provides for the furnishing by the Company of uniformed
guards for the protection of the above-mentioned plant and annex.
The Corporation at its Houde Engineering Company Division is
engaged in the manufacture of various airplane and automotive parts,
most of which are produced for use in=the national war effort. In
accordance with our previous decision concerning other' employees of
the Company engaged at plants owned by the Corporation,' we find
that the Company is engaged in commerce within the meaning, of the
National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
American Federation of Labor is a labor organization admitting
to membership employees of the Company.
United Automobile, Aircraft & Agricultural Implement Workers
of America is a labor organization affiliated with, the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize either labor organization
as-the exclusive bargaining representative of the uniformed guards
employed at the plant and annex of the Corporation unless and until
there has been a certification by the, Board.
A statement of the Field Examiner, introduced into evidence at
the hearing, indicates that each of the labor organizations involved
Matter of William J Burns Detective Agency, 49 N. L. R. 13 . 385.
BURTTIS INTERNATIONAL DETECTIVE AGENCY 221
herein represents a substantial number of employees in, the unit here-
inafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the stipulation of the parties, we find that all
uniformed guards patrolling the premises of the Houde Engineering
Division of the Corporation, excluding the chief guard and sergeants,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTION
By'virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National,
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as-part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with W. Sherman
Burns, Raymond J. Burns, Ashley John Burns, William J. Burns,
and William Sherman Burns, Jr., (doing business under the firm
name and style Burns International Detective Agency), Buffalo, New
York, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date" of this
Direction, under the direction and supervision of the Regional Di--
2 The Field Examiner reported that the A. F. L submitted 56 designation cards, of
which 54 bore apparently genuine ouginal signatures and names appearing upon the Com-
pany's pay roll of April 22, 1943 This pay roll contained the names of 66 persons within
the appiopuate unit The CIO submitted 13 designation cards, of which 8 bole apparently
genuine original signatures, and the names of persons appearing upon the above-mentioned
pay roll.
222 D'EC'ISIONS' OF NATIONAL' LABOR RELATIONS- BOIARD
-rector for the Third Region, acting in this matter as agent for the'
National Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations, among the employees in the unit
found appropriate in Section IV, above, who were -employed during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and
including employees in armed forces of the United States who pre-
sent themselves in, person at the polls, but excluding those employees
who have since quit or been discharged for cause, to determine
'whe'ther" they, desire 'to be represented by American. Federation of
Labor, -or by United Automobile, Aircraft Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, for,the purposes of collective bargaining, or by neither.
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