Claiborne Towers, Inc.

National Labor Relations Board - Board Decisions

Jan 18, 1960

126 N.L.R.B. 187 (N.L.R.B. 1960)

CLAIBORNE TOWERS, INC., ETC . 187
Claiborne Towers, Inc., and Governor Claiborne Apartments,
Inc.' and Hotel & Restaurant Employees & Bartenders Inter-
national Union, AFL-CIO, Petitioner. Case No. 15-RC-1971.
Janua''y 18, 1960
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 Andrew C. Partee, 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 [Chairman Leedom and Members Bean and Fanning].
Upon the entire record in this case the Board finds :
1. The parties stipulated that the sole owner of the Employer is
the Sheraton Corporation of America which operates approximately
53 hotels, 4 office buildings, and the Employer herein. The Employer
contends that the enterprise being conducted under the names of
Claiborne Towers, Inc., and Governor Claiborne Apartments, Inc.,
does not come under the Board's jurisdiction because the buildings
are primarily apartments and that the portion of each building used
for office or commercial purposes is insufficient to come within the
Board's jurisdictional standards. The parties agree that the two
corporations constitute one employer and on the basis of the record
we so find.
During the fiscal year ending April 30, 1959,' the Employer received
$163,149.88 in office rentals and $58,374.38 in store rentals. The
amount of $108,580.44 was received from the Southern Bell Telephone
and Telegraph Company over which the Board has previously as-
serted jurisdiction. The parties also stipulated that the combined
purchases of the two corporations was $150,796 of which $81, 895 was
received directly from points outside the State of Louisiana.
The Board has determined that it will effectuate the policies of the
Act to assert jurisdiction if the gross revenue from office buildings
amounts to $100,000 of which $25,000 must be derived from organiza-
tions whose operations meet any of the Board's jurisdictional stand-
ards , exclusive of the indirect outflow and indirect inflow standards
established in the Siemens Mailing case , 122 NLRB 81. Accordingly
we find that the Employer's operations meet the requirements of the
'The Employer ' s name appears as amended at the hearing
2 We are administratively advised that the dollar amount was erroneously stated at the
hearing as being for the fiscal year ending April 30, 1959, whereas it should be for the
fiscal year ending April 30, 1958. For our purposes it is immaterial.
,126 NLRB No. 30.
188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
office building standard and that pit will effectuate the policies of the
Act to assert jurisdiction.'
2. The labor organizations involved claim to represent certain em-
ployees of the Employer 4
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9(c) (1) and Section 2(6) and (7) of the Act.
4. The parties stipulated as to the appropriateness of the unit, and
we find that all the employees of the Employer including maids,
cleaning women, housemen, painters, utility men, watch engineers,
carpenters, bellmen, elevator operators, and telephone operators at
the Employer's Claiborne Towers, Inc., and Governor Claiborne
Apartments, Inc., at New Orleans, Louisiana, but excluding man-
agers, assistant managers, auditors, assistant auditors, sales engineers,
rental agents, cashiers, general cashier, auditing clerk, secretary to
the manager, Latin-America representatives for sales, executive
housekeeper, assistant housekeeper, inspectresses, head housemen,
night supervisor of cleaning, chief engineers, assistant chief engineer,
bell captain, security officers, chief telephone operator, and all super-
visors as defined in the Act constitute a unit appropriate for purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
[Text of Direction of Election omitted from publication.]
Mistletoe Operating Company, 122 NLRB 1534.
4 Genial Truck Drivers, Chauffeurs, Warehousemen & Helpers, Local 270, Ind., was
permitted to intervene upon a showing of interest
Superior Derrick Corporation and Seafarers' International
Union of North America, Atlantic and Gulf District , Harbor
& Inland Waterway Division , AFL-CIO.' Cases Nos. 15-CA-
1065 and 15-CA-1096. January 19, 1960
DECISION AND ORDER
On August 15, 1959, Trial Examiner Ralph Winkler issued his In-
termediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. Thereafter, the Respondent and the
General Counsel filed exceptions to the Intermediate Report and
briefs in support thereof .2
'Herein called SIU.
2 The Respondent has requested oral argument. This request is denied because the
record, the exceptions , and the briefs adequately present the issues and positions of the
parties.
126 NLRB No. 27.