NLRB v. Davis Cafeteria, Inc., 21578.
| Decision Date | 18 March 1966 |
| Docket Number | No. 21578.,21578. |
| Citation | 358 F.2d 98 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DAVIS CAFETERIA, INC., and Polly Davis, Broward Cafeteria, Inc., Respondents. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Richard P. Lawlor, Atty., N. L. R. B., Washington, D. C., Arnold Ordman, Gen. Counsel, Elliott Moore, Atty., N. L. R. B., for petitioner.
J. Frank Ogletree, Jr., Atlanta, Ga., Robert T. Thompson, Atlanta, Ga., Thompson, Ogletree & Haynsworth, Atlanta, Ga., of counsel, for respondents.
Before TUTTLE, Chief Judge, JONES, Circuit Judge, and GROOMS, District Judge.
Davis Cafeteria, Inc., herein called Davis, operates a cafeteria in Hollywood, Broward County, Florida. Polly Davis Broward Cafeteria, Inc., herein called Broward, operates a cafeteria in Fort Lauderdale, Broward County, Florida. The two cafeterias are about eight miles apart. Davis and Broward are wholly owned subsidiaries of Miami Cafeteria, Inc., which has its general offices in Miami, Dade County, Florida. The parent company owns, through stock ownership, six additional cafeterias all of which are in or in the environs of Miami, Dade County, Florida. These eight cafeterias, in the adjoining Southeast Florida counties of Broward and Dade, are a part of a larger chain of cafeterias, each of which is owned and operated by a separate corporation. For some administrative purposes the eight cafeterias are grouped into districts, each of which is headed by a district supervisor. Davis and Broward are in the same district as the cafeteria of Davis Colonial, Inc., in Miami, and Polly Davis Cafeteria, Inc., in Miami Beach, both in Dade County. The Dade County cafeterias are eight miles apart and twenty miles, more or less, from the Broward County cafeterias.
The combined retail sales of Davis and Broward in 1962 were in excess of $900,000. In that year these cafeterias made purchases of meat and meat supplies from two interstate suppliers in an amount exceeding $70,000, of which 85 to 90 percent originated outside Florida. The meat and meat supplies from outside Florida were processed in Florida before being purchased by the cafeterias. The business of the cafeterias was less than one percent of the total sales of the meat suppliers. There was no other evidence connecting Davis or Broward with interstate commerce. The district supervisor is the liaison between the central office and the separate cafeterias in his district. Each cafeteria has its own bank account but only central office personnel can draw checks on the accounts. Each cafeteria is under the direction of a manager who has authority to hire, fire and discipline employees, but he cannot grant pay raises. Each of the managers may select the day-to-day menus from a master menu list supplied by the central office. Such items of food and other supplies as may be needed are ordered by the local managers from suppliers designated by the central office. Rates of pay, hours of employment, insurance benefits, overtime and vacation schedules are fixed by the central office. Payrolls are made up, social security, tax and other deductions are computed, and pay checks are drawn in the central office. The prices to be charged to customers are determined by the central office.
The Hotel & Restaurant Employees & Bartenders Union, Local 339, AFL-CIO, filed a representation petition seeking certification to represent the employees of the Davis and Broward cafeterias as a single unit. A hearing was had but there was no determination as to whether the employees of the two cafeterias constituted an appropriate bargaining unit. There was a determination by the Regional Director that the employees of each of the cafeterias constituted a separate bargaining unit. The...
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...Food Stores, Inc., 376 F.2d 497, 501 (1st Cir.), cert. denied, 389 U.S. 959, 88 S.Ct. 337, 19 L.Ed.2d 368 (1967); NLRB v. Davis Cafeteria, 358 F.2d 98, 100 (5th Cir. 1966). 14 See Metropolitan Life Ins. Co. v. NLRB, supra, 327 F.2d 906; NLRB v. Frisch's Big Boy Ill-Mar, Inc., 356 F.2d 895 (......
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...and the single terminal unit, the integrity of its own administrative process requires the Board to so state. Cf. N. L. R. B. v. Davis Cafeteria Inc., 5 Cir., 358 F.2d 98; N. L. R. B. v. Capital Bakers, Inc., 3 Cir., 351 F.2d 45. It may well be that an acceptable rationale exists for the ap......
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NLRB v. Davis Cafeteria, Inc.
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