Ponderosa Hotel Co.

National Labor Relations Board - Board DecisionsAug 1, 1968

172 N.L.R.B. 1440 (N.L.R.B. 1968)

1440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Ponderosa Hotel Co. and Reno Local Joint Executive Board of Bartenders Local No. 86 & Culinary Local No. 45 & Hotel , Motel Service Workers Local No. 45 , joint Petitioners. Case 20-RC-7993 August 1, 1968 DECISION AND DIRECTION By CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND BROWN Pursuant to a Stipulation for Certification Upon Consent Election approved March 21, 1968, an election by secret ballot was conducted on April 16, 1968, under the direction and supervision of the Regional Director for Region 20. At the close of the election, the parties were furnished with a tally of ballots showing that of approximately 34 eligible voters, 27 cast ballots, of which 13 were for, and 1 1 were against , the Joint Petitioners, and 3 were challenged. The challenged ballots were suf- ficient in number to affect the results of the elec- tion. No objections to the election were filed. In accordance with National Labor Relations Board Rules and Regulations , the Regional Director conducted an investigation and, on June 14, 1968, issued and duly served upon the parties his Report and Recommendations on Challenged Ballots, in which he recommended that the three ballots be opened and counted. Thereafter, the Joint Petitioners filed exceptions to the Regional Director's report. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its powers in connection with this case to a three- member panel. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The Joint Petitioners are labor organizations claiming to represent employees of the Employer. 3. A question affecting commerce exists con- cerning the representation 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, and we find, that the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All employees, including bell captains, bell- men, doormen, telephone operators, PBX operators, night auditors, cashiers, front desk reservations, desk clerks, typist-file clerks, storeroom clerks, assistant housekeepers, seamstresses, inspectresses, linenroom em- ployees, vacuum men, shampoo men, wall washers, banquet hall setup, linen men and women, housemen, porters, maids, powder room maids, engineers, maintenance men; ex- cluding bartenders, cocktail waitresses, waitresses, culinary workers, gambling casino employees, guards and supervisors as defined in the Act. 5. While we adopt the Regional Director's recom- mendation that we overrule the challenges to the ballots of Sharon Fidler and Edna Zunino, we do not adopt all of his reasons therefor.' Rather, we note that the stipulated inclusions cover at least one classification of employees who appear to have functions, interests, and working conditions similar in nature to those of these two disputed clericals. More specifically, the stipulated inclusion covers an employee classification identified as "night auditor." Furthermore, as the unit consists of "all employees" with specified exclusions, it ap- pears that audit department employees who do not work on casino receipts are included. Fidler and Zunino are both situated in the basement room where the audit department is located. Fidler works under the supervision of the auditor in compiling, posting , and reporting the sales of various depart- ments of the hotel, such as the bar, restaurant, the reservation desk, and other miscellaneous sources of revenue. Zunino works part-time assisting Fidler and performing other duties. Accordingly, as there appears to be no justification for excluding these two audit department employees while others with whom they work are included, we find that Fidler and Zunino are properly part of the unit. We also agree with the Regional Director that the challenge to the ballot of James Wallace Morris should be overruled. Contrary to the Petitioner's contention , his name did appear on the list of eligi- ble voters under the classification "rug shampoo- ing" as James Wallace, who was shown as living at James Wallace Morris' address. Such an obviously ' The Regional Director relied on the rule that where the parties are in disagreement over the inclusion of office clericals in hotel units , the Board includes them , citing Crum/e', Hotel. Inc , d/hla Hohda' Hotel. et at, 134 NLRB 113 However , the Board , in John Ha nnionds and Roi Wtnegardner, Partners , d/bla 77 Operating Compane, dlb/a Hohdati I nn Restaurant, 160 NLRB 927, 930, stated that it would no longer apply an inflexible rule, but would "thereafter consider each case on the facts peculiar to it in order to decide wherein lies the true community of interest among particular em- ployees" of a hotel 172 NLRB No. 144 PONDEROSA HOTEL CO. inadvertent error is not sufficient to require that Morris ' vote be held invalid. As we agree with and adopt the Regional Director 's recommendations that the challenges to Sharon Fidler , Edna Zunino, and James Wallace Morris be overruled , and since the ballots are suffi- cient to affect the results of the election, we shall order that the ballots be opened and counted, and that a revised tally be prepared and served upon the parties. DIRECTION 1441 It is hereby directed that the Regional Director for Region 20 shall , pursuant to the Rules and Regulations of the Board, within 10 days from the date of this Direction, open and count the ballots of Sharon Fidler, Edna Zunino , and James Wallace Morris and prepare and cause to be served upon the parties a revised tally of ballots and an ap- propriate certification.