Hotel Tropicana

National Labor Relations Board - Board Decisions

Jun 3, 1969

176 N.L.R.B. 375 (N.L.R.B. 1969)

HOTEL TROPICANA 375
Hotel Conquistador , Inc. d/b/a Hotel Tropicana and
International Association of Machinists and
Aerospace Workers, AFL-CIO, Petitioner Case
3l-RC-965
June 3, 1969
DECISION ON REVIEW AND ORDER
BY CHAIRMAN M(C UL l OCH AND MEMBERS
JENKINS AND ZAGORIA
On January 8, 1969, the Regional Director for
Region 31 issued a Decision and Direction of
Election on the above-entitled proceeding in which
he found the unit sought by the Petitioner to be
appropriate. Thereafter, in accordance with the
National Labor Relations Board Rules and
Regulations, the Employer filed a timely request for
review of the Regional Director's Decision on the
grounds that, in reaching his unit determination, he
departed from established Board ' policy and made
findings of fact which were clearly erroneous.
On February 6, 1969, the National Labor
Relations Board by telegraphic Order granted the
request for review and stayed the election pending
decision on review. Thereafter, the Petitioner and
Employer filed briefs on review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
Board has delegated its powers in connection with
this case to a three-member panel.
The Board has reviewed the entire record in this
case with respect to the issues under review,
including the briefs, and makes the following
findings:
The Regional Director found appropriate, in
accord with the Petitioner' s request , a unit of all slot
machine mechanics, helpers, and/or apprentices
employed at the Employer's Hotel Tropicana, Las
Vegas, Nevada. He viewed this finding to be
consistent with the Board 's Decision and Direction
of Election in Fremont Hotel, Inc., 168 NLRB No.
23, wherein slot machine mechanics were found to
be an appropriate craft unit.
The Employer contends that slot machine
mechanics do not constitute a true craft entitled to
separate representation and that nearly all of the
factors relied on by the Board in Fremont are
missing in the instant case . We agree.
The Employer operates a casino , containing in the
same area gaming tables and 233 slot machines
surrounding the pit. The slot machines are of four
different makes; some are mechanical, some
electrical, and some electromechanical. There are 1 I
employees classified as slot machine mechanics, of
whom 4 are on the day shift, 4 on the swing shift, I
on the graveyard shift, and 2 relief men.' The head
mechanic has 18 years experience as a slot machine
mechanic , works on the day shift and spends
approximately 90 percent of his time, when not
176 NLRB No. 44
collecting and counting change, in the repair shop
which opens off the gaming floor.' He is responsible
for making all major mechanical and electrical
repairs on slots. He disassembles, reassembles slot
machines, which takes approximately 3 hours to
perform and builds slot machines from scratch,
utilizing schematics when supplied by the
manufacturer. In performing major repairs, the head
mechanic utilizes a workbench, an electric drill, or
drill press, a welding torch, a grinding wheel,
wrenches, and other mechanics' tools located in the
shop as well as small tools from the tool cart. In
addition, the head mechanic also uses his own
ammeter and voltage regulator and a Bally electrical
test machine.
All other slot machine mechanics are required to
stay on the casino floor to patrol their assigned
areas, watching ' and listening for tampering,
cheating or machine malfunctioning, and to make
minor repairs on the floor.' In addition, they bring
change from the cashier's cage to the change booths
as needed, help in paying off jackpots, • assist in
settling minor disputes, replenish machines after
jackpot payoffs and occasionally relieve change
booth girls during their break or lunch periods. The
floor mechanics make only minor repairs on the
floor, which range from removing bent coins to
installing a complete slide. In making these repairs,
a screwdriver, which they carry with them, appears
to be their basic tool. However, when needed, they
also use a tool cart from the shop, containing dikes,
pliers, crescents, wrenches, and special bending
tools.
While the mechanics perform all the maintenance
work on the machines, the record fails to show the
proportion of time spent on such as compared with
their other nontechnical work. However, it is clear
that the latter has priority over maintenance work.
Thus, during busy periods, the floor mechanics do
not immediately make needed repairs on the
machines but instead render them inoperative.
The Employer does not provide any type of
apprenticeship training program for slot machine
mechanics, but it does attempt to hire experienced
mechanics. The experience of the slot mechanics
involved ranges from 2 years to 22 years, with 4
years experience considered necessary in order to
become a good slot mechanic.
The slot mechanics are hired at $22.50 per day to
start and progress up to $27.50 per day after 6
years.' Like the dealers, their fringe benefits include
vacations, hospitalization and medical insurance, life
insurance, sickness and disability program. All
casino employees may participate in the Employer
operated credit union. With the exception of the
' There is some degree of overlapping on the three shifts.
'Two days each week, the head mechanic, with the assistance of another
mechanic, spends 6 to 8 hours a day collecting and counting coins from the
slot machines
'Only three or four of these mechanics spend as much as 5 to 10 percent
of their time in the shop.
376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
head mechanic, who wears a smock when working
in the repair shop, the floor mechanics, like the
dealers and skills, wear black slacks, a white shirt
and a "Tropicana" tie.
The slot mechanics and change booth girls` are
under the supervision of the slot machine
department manager. All other casino employees,
dealers and shills, are under the supervision of the
casino manager.
Contrary to the Regional Director, we find that
the Fremont case, supra, is distinguishable on the
facts and hence not here controlling. In the cited
case, the involved 10 mechanics spent virtually all
their time performing maintenance work on 700
machines and most, if not all, work in the shop.6 In
the instant case, the 11 mechanics, of whom only
one spends substantial time in the shop, are
responsible for the repair of only 233 machines and
the balance of their time is spent performing other
nontechnical work such as patrolling the floor for
security purposes, handling money, relieving change
booth girls, and settling differences with customers
- functions which are performed at Fremont by a
separate classification of employees known as
"floormen". Moreover, here unlike at Fremont, the
mechanics do not wear special uniforms and are not
the highest paid employees in the casino.
In view of the foregoing and on the record as a
whole, we find that the slot machine mechanics do
not constitute a unit appropriate for collective
bargaining either on a craft or residual basis.'
Accordingly, as no question affecting commerce
exists concerning the representation of employees of
the Employer within the meaning of Sections 9(c)(1)
and 2(6) and (7) of the Act, we shall dismiss the
petition herein.
ORDER
It is hereby ordered that the petition herein be,
and it hereby is, dismissed.
'Dealers start at $22 per day and progress to $27 per day after 5 years,
exclusive of tips.
'Represented by the Culinary Workers Union.
'While it is not clear whether all Fremont mechanics disassemble,
reassemble , and fabricate new parts for slot machines, each mechanic is
required to know how to operate drill presses , grinders and welding
machines and be able to test the electrical system of the slot machines
which require the use of voltage meters , amp meters, ohm meters, short
testers , and other special electrical test equipment like Bally test
equipment . Each mechanic is also required to work from diagrams and
sketches in manufacturers ' manuals used in repairing and testing the slot
machines.
The Regional Director found that a unit of slot machine mechanics
would be an appropriate unit as an unrepresented residue of the slot
machine department , citing Hot Shoppes , inc., 143 NLRB 578. We find
this case inapposite.