AGIP, USA, Inc., 1144 (1972)

AGIP, USA, Inc. and Office & Professional Employees International Union, Local 153, AFL-CIO, Petitioner. Case 2-RC-15718

May 18, 1972 DECISION AND ORDER

BY MEMBERS FANNING, 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 Mary W. Taylor of the National Labor Relations Board.

Following the hearing and pursuant to Section 102.

67 of the National Labor Relations Board Rules and Regulations and Statements of Procedure, Series 8, as amended, by direction of the Regional Director for Region 2, this case was transferred to the Board for decision. Thereafter, the Petitioner and the Employer each filed briefs.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed.

Upon the entire record in this case, the Board finds:

The Petitioner seeks to represent all office clerical employees, including buyers, who are employed by the Employer at its New York, New York, office. The Employer does not contest the appropriateness of the unit described by the Petitioner. However, the Employer maintains that it is owned and controlled by the Italian Government, and that, as an instrumentality of a foreign government, it should not be subject to the jurisdiction of the National Labor Relations Board.

The Employer, a Delaware corporation with its principal place of business in New York, New York, serves as a purchasing agent in the United States of America for the companies operated by Ente Nationale Idrocarburi, herein after referred to as ENI. ENI is wholly owned by the Italian Government and is one of three divisions of the Ministry of Participatione Nationale, an arm of the Italian Government which is headed by a cabinet minister who is appointed by the government in power. ENI was established for the purpose of procuring and developing sources of energy from gas, oil, coal, and nuclear power for Italy's use. There are some 200 companies in the ENI complex and its operations are world-wide in scope.

The record demonstrates what is, in effect, a parent-subsidiary relationship between ENI and the Employer. ENI has financial control over the Employer's ly 97 percent of the Employer's corporate shares. ENI also exercises control over the appointment of the Employer's corporate officers and directors. All five members of the Employer's board of directors are employed by ENI and were appointed as directors by ENI. The Employer's president is a general director of ENI...

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