Days Inn of America, Inc.

National Labor Relations Board - Board DecisionsMay 29, 1974

210 N.L.R.B. 1035 (N.L.R.B. 1974)

DAYS INN OF AMERICA 1035 Days Inn of America, Inc. and Hotel and Restaurant Employees and Bartenders Union Local 190, Petitioner . Case 10-RC-9873 May 29, 1974 DECISION ON REVIEW BY CHAIRMAN MILLER AND MEMBERS KENNEDY AND PENELLO On February 19, 1974, the Acting Regional Director for Region 10 issued his Decision and Direction of Election in the above-entitled proceed- ing, in which he directed an election among a unit of "all housekeeping, maintenance, and laundry em- ployees, including checkers, employed by the Em- ployer at its Savannah, Georgia, motel, but excluding desk clerks, night auditors, waitresses, cashier-host- esses , cooks, utility employees, gas pump employees, gift shop employees, guards, manager trainees, and supervisors as defined in the Act." The unit found consists of approximately 22 employees sought by Petitioner. In finding this unit appropriate the Acting Regional Director rejected the Employer's conten- tion that only an overall unit of its approximate 39 employees at the Savannah, Georgia, location, including motel, restaurant, desk clerks, gas pump, and gift shop employees, is appropriate. Thereafter, in accord with National Labor Rela- tions Board Rules and Regulations, the Employer filed a timely request for review in which it contended that the unit determined by the Acting Regional Director is contrary to Board precedent and contrary to an earlier decision in Case 12-RC-4458 involving the same parties at another location of this Employer.' By telegraphic order dated March 25, 1974, the National Labor Relations Board granted the request for review and stayed the election pending decision on review. Thereafter, the Employer filed a support- ing brief. 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 considered the entire record in this case with respect to the issues under review and finds as follows: The Employer's Savannah, Georgia, facilities consist of two buildings separated by a parking lot. The front building, with an exterior gasoline service i In Case 12-RC-4458, which involved a sister local of the Petitioner and the Employer 's Orlando, Florida, location , the petitioner there sought a unit of housekeeping and front desk employees , excluding the restaurant, gift shop, and gas pump employees . There the Regional Director dismissed the petition on the grounds that the interests of the employees sought to be excluded were no more diverse from the interests of the housekeeping island, contains the motel office and registration desk, restaurant, and gift shop. The rear building contains the 122 motel rooms. A general manager is responsible for all operations at the Savannah facility and directly supervises all motel personnel including the desk clerks and night auditor.2 Subordinate to the general manager, the restaurant manager supervises the waitresses, cashier-hostess, the cooks, utility employees, and gift shop and gas pump employees. In determining that the housekeeping, maintenance, and laundry employees unit sought by Petitioner was appropriate, the Acting Regional Director consid- ered them to be functionally "blue collar" employ- ees. He excluded the motel front desk clerks and night auditor as "white collar" employees and excluded the restaurant, gift shop, and gas pump employees because of their separate physical location and supervision. As noted above, the Employer contends that the Acting Regional Director erred in failing to find only an overall unit appropriate. We agree. Our review of the record reveals that at the Employer's relatively small motel and restaurant operation, there exists a functional relationship and degree of overlap among the duties of employees in providing the services offered by the Employer. Thus, desk clerks as well as restaurant employees, on a more limited basis, are utilized to make motel rooms ready for occupancy when housekeeping employees are off duty. Housekeeping employees, similarly, may be required to perform cleaning duties in the restaurant area and the maintenance employee is utilized for the entire premises. In addition, at times desk clerks, gift shop employees, and the gas pump employees perform various functions in the restaurant. Finally, there is common direct supervi- sion over the employees in the unit found by the Acting Regional Director and some of the employees he excluded. On the basis of the foregoing and the record as a whole, we find, in accord with the Employer's contention, that only an overall unit of the employ- ees at the Employer's Savannah, Georgia, facility is appropriate herein.3 Accordingly, the following unit is found appropri- ate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All employees of the Employer at its Savannah, Georgia, facility excluding guards, manager trainees , and supervisors as defined in the Act. As the Petitioner has indicated a desire to proceed employees , than were the interests of the front desk employees whom the petitioner there sought to include The petitioner there filed a request for review which the Board, on December 4, 1973, denied 2 The night auditor acts as a desk clerk on the night shift 3 See West, Inc. d/b/a Holiday Inn Southwest, 202 NLRB 781 210 NLRB No. 147 1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to an election in the larger unit, the case is hereby remanded to the Regional Director for the purpose of conducting an election pursuant to the Decision and Direction of Election, as modified herein, except As the unit found appropriate herein is broader than the unit sought by the Petitioner, the Direction of Election is conditioned upon the Petitioner's demonstrating , within 10 days from the date hereof, that it has an adequate showing of interest in the broader unit found appropriate . In the event the Petitioner does not wish to participate in an election in the unit found appropriate we shall permit it to withdraw its petition without prejudice upon notice to the Regional Director within 5 days from the date of this Decision A corrected election eligibility list, containing the names and that the payroll period for determining eligibility shall be that immediately preceding the date of issuance of this Decision.4 addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 10 within 7 days after the date of this Decision on Review No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances. Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed . Excelsior Underwear Inc., 156 NLRB 1236.