Aladdin Hotel

National Labor Relations Board - Board Decisions

Oct 7, 1977

232 N.L.R.B. 973 (N.L.R.B. 1977)

ALADDIN HOTEL
Aladdin Hotel Corp. d/b/a Aladdin Hotel and
Professional, Clerical, Ground Maintenance, Park-
ing Lot Attendants, Car Rental Employees, Ware-
housemen & Helpers Local 995, International
Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America. Case 31-CA-
7110
October 7. 1977
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND MURPHY
Upon a charge filed on June 6, 1977, by Profession-
al, Clerical, Ground Maintenance, Parking Lot
Attendants, Car Rental Employees, Warehousemen
& Helpers Local 995, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America, herein called the Union, and duly served
on Aladdin Hotel Corp. d/b/a Aladdin Hotel, herein
called Respondent, the General Counsel of the
National Labor Relations Board, by the Regional
Director for Region 31, issued a complaint on June
20, 1977, against Respondent, alleging that Respon-
dent had engaged in and was engaging in unfair
labor practices affecting commerce within the mean-
ing of Section 8(a)(5) and (1) and Section 2(6) and (7)
of the National Labor Relations Act, as amended.
Copies of the charge, complaint, and notice of
hearing before an Administrative Law Judge were
duly served on the parties to this proceeding.
With respect to the unfair labor practices, the
complaint alleges in substance that on May 9, 1977,
following a Board election in Case 31-RC-3292 the
Union was duly certified as the exclusive collective-
bargaining representative of Respondent's employees
in the unit found appropriate:; and that, commenc-
ing on or about May 25, 1977, and at all times
thereafter, Respondent has refused, and continues to
date to refuse, to bargain collectively with the Union
as the exclusive bargaining representative, although
the Union has requested and is requesting it to do so.
The complaint further alleges that commencing on or
about May 16, 1977, and continuing thereafter, the
Union has demanded that Respondent furnish it
with the following information regarding the employ-
ees in the certified unit: (I) names and addresses: (2)
classifications by department; (3) date hired and
starting rate pay; (4) date of upgrade, if any, and rate
of pay: (5) present rate of pay: (6) all health and
I Official notice is taken of the record in the representation proceeding,
Case 31 RC 3292. as the term "record" is defined in Secs. 102.68 and
102.69(g) of the Board's Rules and Regulations. Series 8, as amended. See
LTV Electrossterms, Inc.. 166 NI.RB 938 (1967), enfd. 388 F.2d 683 (C.A. 4.
1968); Golden Age Beverage ('o. 167 N RB 151 (1967). enfd. 415 F.2d 26
232 NLRB No. 153
welfare, pension, and all other fringe benefits; and
(7) vacation policy, and that, since on or about May
25, 1977, Respondent has refused and continues to
refuse to furnish the Union with this information. On
June 27, 1977, Respondent filed its answer to the
complaint admitting in part, and denying in part. the
allegations in the complaint.
On July 21, 1977, counsel for the General Counsel
filed directly with the Board a Motion for Summary
Judgment. Subsequently, on August 3, 1977, the
Board issued an order transferring the proceeding to
the Board and a Notice To Show Cause why the
General Counsel's Motion for Summary Judgment
should not be granted. Respondent thereafter filed a
response to Notice To Show Cause.
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.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
In its answer to the complaint and its response to
the Notice To Show Cause, Respondent attacks the
Union's certification on the basis of its election
objections relating to its good-faith belief that the
Union no longer represents a majority of the
employees in the unit. Respondent has asserted that
its change in operations and correlative change in the
employee complement of the bargaining unit, predat-
ing certification, constituted "unusual circum-
stances" justifying its refusal to bargain. Also, on the
basis of the Union's alleged lack of majority status.
Respondent contends that it is under no obligation to
furnish the information requested by the Union.
In view of the General Counsel's contention that
this issue was raised and litigated in the representa-
tion proceeding, we have reviewed the record thereof.
On May 9, 1977, the Board issued a Decision and
Certification of Representative in Case 31-RC-3292 2
in which the Petitioner was certified as the bargain-
ing representative of certain employees of Respon-
dent in an appropriate unit. On May 11, 1977,
Respondent moved the Board for reconsideration of
its Decision or, alternatively, that the Decision be
vacated and the case set for hearing because of the
unit's expansion and turnover. Thereafter, on May
16, 1977, the Employer renewed its motions. On May
26, 1977, the Board ordered that the Employer's
(C.A. 5, 1969); Interr)pe Co., v. Penello, 269 F.Supp. 573 (D.C.Va., 1967):
Follel Corp., 164 NLRB 378 (1967), enfd. 397 F.2d 91 (C.A. 7. 1968).: Sec.
9(d) of the NLRA, as amended.
2 229 NLRB 499.
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
motion for reconsideration be denied as lacking in
merit.
It is well settled that in the absence of newly
discovered or previously unavailable evidence or
special circumstances a respondent in a proceeding
alleging a violation of Section 8(a)(5) is not entitled
to relitigate issues which were or could have been
litigated in a prior representation proceeding.3
All issues raised by Respondent in this proceeding
were or could have been litigated in the prior
representation proceeding, and Respondent does not
offer to adduce at a hearing any newly discovered or
previously unavailable evidence, nor does it allege
that any special circumstances exist herein which
would require the Board to reexamine the decision
made in the representation proceeding. We therefore
find that Respondent has not raised any issue which
is properly litigable in this unfair labor practice
proceeding. We shall, accordingly, grant the Motion
for Summary Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
I. THE BUSINESS OF RESPONDENT
Aladdin Hotel Corp. d/b/a Aladdin Hotel, a
Nevada corporation, at all times material herein has
operated a hotel and gambling casino in the State of
Nevada. The principal office and place of business of
Aladdin Hotel is at 3667 Las Vegas Boulevard South,
Las Vegas, Nevada. During the past 12 months,
Respondent, in the course and conduct of its
business operations, received gross revenues in excess
of $500,000. During the same period, Respondent
purchased goods valued in excess of $50,000 that
were shipped from points outside the State of
Nevada directly to Respondent's Nevada location.
We find, on the basis of the foregoing, that
Respondent is, and has been at all times material
herein, an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act, and that
it will effectuate the policies of the Act to assert
jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
Professional, Clerical, Ground Maintenance, Park-
ing Lot Attendants, Car Rental Employees, Ware-
housemen & Helpers Local 995, International Broth-
erhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, is a labor organization
within the meaning of Section 2(5) of the Act.
3 See Pittsburgh Plale Glass Co. v. N.L. R.B., 313 U.S. 146, 162 (1941);
Rules and Regulations of the Board, Secs. 102.67(f) and 102.69(c).
111. THE UNFAIR LABOR PRACTICES
A. The Representation Proceeding
1. The unit
The following employees of Respondent constitute
a unit appropriate for collective-bargaining purposes
within the meaning of Section 9(b) of the Act:
All office clerical employees employed by the
Employer at its facility located at 3667 Las Vegas
Boulevard South, Las Vegas, Nevada; excluding
all other employees, professional employees,
supervisors and guards as defined in the Act.
2. The certification
On October 23, 1975, a majority of the employees
of Respondent in said unit, in a secret-ballot election
conducted under the supervision of the Regional
Director for Region 31, designated the Union as their
representative for the purpose of collective bargain-
ing with Respondent. The Union was certified as the
collective-bargaining representative of the employees
in said unit on May 9, 1977, and the Union continues
to be such exclusive representative within the
meaning of Section 9(a) of the Act.
B. The Request To Bargain and Respondent's
Refusal
Commencing on or about May 16, 1977, and at all
times thereafter, the Union has requested Respon-
dent to bargain collectively with it as the exclusive
collective-bargaining representative of all the em-
ployees in the above-described unit and to furnish to
the Union certain information regarding the wages,
hours, and terms and conditions of unit employees.
Commencing on or about May 25, 1977, and
continuing at all times thereafter to date, Respondent
has refused, and continues to refuse, to recognize and
bargain with the Union as the exclusive representa-
tive for collective bargaining of all employees in said
unit or to furnish the requested information.
Accordingly, we find that Respondent has, since
May 25, 1977, and at all times thereafter, refused to
bargain collectively with the Union as the exclusive
representative of the employees in the appropriate
unit. We also find that Respondent has, since May
25, 1977, and at all times thereafter, refused to honor
the Union's request for information which we deem
relevant to it in its role as bargaining representative.
By such refusals, Respondent has engaged in and is
engaging in unfair labor practices within the meaning
of Section 8(a)(5) and (1) of the Act.
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ALADDIN HOTEL
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of Respondent set forth in section
III, above, occurring in connection with its opera-
tions described in section 1, above, have a close,
intimate, and substantial relationship to trade,
traffic, and commerce among the several States and
tend to lead to labor disputes burdening and
obstructing commerce and the free flow of com-
merce.
V. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(a)(5) and (I) of the Act, we
shall order that it cease and desist therefrom, and,
upon request, bargain collectively with the Union as
the exclusive representative of all employees in the
appropriate unit, and, if an understanding is reached,
embody such understanding in a signed agreement.
Having found further that Respondent, in violation
of its duty under Section 8(a)(5) of the Act. refused to
furnish the Union with names and addresses;
classifications by departments; hiring dates and
starting pay; dates of upgrade and rates of pay;
present rates of pay; health, welfare, pension, and all
other fringe benefits; and vacation policies for all
employees in the unit represented by the Union, we
shall order Respondent to promptly furnish the
Union with such information, and to bargain
collectively with the Union, upon request, concern-
ing the manner and form in which such information
shall be furnished the Union in the future and the
intervals at which such information shall be brought
up to date.
In order to insure that the employees in the
appropriate unit will be accorded the services of their
selected bargaining agent for the period provided by
law, we shall construe the initial period of certifica-
tion as beginning on the date Respondent com-
mences to bargain in good faith with the Union as
the recognized bargaining representative in the
appropriate unit. See Mar-Jac Poultry Company, Inc.,
136 NLRB 785 (1962); Commerce Company d/b/a
Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328
F.2d 600 (C.A. 5, 1964), cert. denied 379 U.S. 817
(1964); Burnett Construction Company, 149 NLRB
1419, 1421 (1964), enfd. 350 F.2d 57 (C.A. 10, 1965).
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Aladdin Hotel Corp. d/b/a Aladdin Hotel is
an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
2. Professional, Clerical, Ground Maintenance,
Parking Lot Attendants, Car Rental Employees,
Warehousemen & Helpers Local 995, International
Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, is a labor organization
within the meaning of Section 2(5) of the Act.
3. All office clerical employees employed by the
Employer at its facility located at 3667 Las Vegas
Boulevard South, Las Vegas, Nevada; excluding all
other employees, professional employees, supervisors
and guards as defined in the Act constitute a unit
appropriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act.
4. Since May 9, 1977, the above-named labor
organization has been and now is the certified and
exclusive representative of all employees in the
aforesaid appropriate unit for the purpose of collec-
tive bargaining within the meaning of Section 9(a) of
the Act.
5. By refusing on or about May 25, 1977, and at
all times thereafter, to bargain collectively with the
above-named labor organization as the exclusive
bargaining representative of all the employees of
Respondent in the appropriate unit, Respondent has
engaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(5) of the Act.
6. By refusing on or about May 25, 1977, and at
all times thereafter, to furnish the above-named labor
organization, upon request, a list of names and
addresses; classifications by departments; dates of
hiring and starting rates of pay; dates of upgrade, if
any, and rates of pay; present rates of pay; all health
and welfare, pension, and all other fringe benefits;
and vacation policy of all employees in the appropri-
ate unit, Respondent has engaged in and is engaging
in unfair labor practices within the meaning of
Section 8(a)(5) and (1) of the Act.
7. By the aforesaid refusals to bargain, Respon-
dent has interfered with, restrained, and coerced, and
is interfering with, restraining, and coercing, employ-
ees in the exercise of the rights guaranteed them in
Section 7 of the Act, and thereby has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(a)(1) of the Act.
8. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board hereby orders that the Respondent,
Aladdin Hotel Corp. d/b/a Aladdin Hotel, Las
Vegas, Nevada, its officers, agents, successors, and
assigns, shall:
1. Cease and desist from:
(a) Refusing to bargain collectively concerning
rates of pay, wages, hours, and other terms and
conditions of employment with Professional, Cleri-
cal, Ground Maintenance, Parking Lot Attendants,
Car Rental Employees, Warehousemen & Helpers
Local 995, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America,
as the exclusive bargaining representative of its
employees in the following appropriate unit:
All office clerical employees employed by the
Employer at its facility located at 3667 Las Vegas
Boulevard South, Las Vegas, Nevada; excluding
all other employees, professional employees,
supervisors and guards as defined in the Act.
(b) Refusing to furnish Professional, Clerical,
Ground Maintenance, Parking Lot Attendants, Car
Rental Employees, Warehousemen & Helpers Local
995, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, with
the names and addresses; classifications by depart-
ments; dates of hiring and starting rates of pay; dates
of upgrade, if any, and rates of pay; present rates of
pay; all health and welfare, pension, and all other
fringe benefits, and vacation policy of all employees
in the appropriate unit.
(c) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action which
the Board finds will effectuate the policies of the Act:
(a) Upon request, bargain with the above-named
labor organization as exclusive representative of all
employees in the aforesaid appropriate unit with
respect to rates of pay, wages, hours, and other terms
and conditions of employment, and, if an under-
standing is reached, embody such understanding in a
signed agreement.
(b) Promptly furnish the above-named labor
organization with the names and addresses; classifi-
cations by departments; hiring dates and starting
pay; dates of upgrade and rates of pay; present rates
of pay; health, welfare, pension, and all other fringe
benefits; and vacation policies for all employees in
the appropriate unit.
(c) Post at its Las Vegas, Nevada, facility copies of
the attached notice marked "Appendix." 4 Copies of
said notice, on forms provided by the Regional
Director for Region 31, after being duly signed by
Respondent's representative, shall be posted by
Respondent immediately upon receipt thereof, and
be maintained by it for 60 consecutive days thereaf-
ter, in conspicuous places, including all places where
notices to employees are customarily posted. Reason-
able steps shall be taken by Respondent to insure
that said notices are not altered, defaced, or covered
by any other material.
(d) Notify the Regional Director for Region 31, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
4 In the event that this Order is enforced by a Judgment of a United
States Court of Appeals. the words in the notice reading "Posted by Order
of the National Labor Relations Board" shall read "Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board."
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain collectively
concerning rates of pay, wages, hours, and other
terms and conditions of employment with Profes-
sional, Clerical, Ground Maintenance, Parking
Lot Attendants, Car Rental Employees, Ware-
housemen & Helpers Local 995, International
Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, as the
exclusive representative of the employees in the
bargaining unit described below.
WE WILL NOT refuse to furnish the above-
named Union with the names and addresses;
classifications by departments; dates of hiring
and starting rates of pay; dates of upgrade, if any,
and rates of pay; present rates of pay; all health
and welfare, pension, and all other fringe bene-
fits; and vacation policy of all employees in the
appropriate unit.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of the rights guaranteed them by
Section 7 of the Act.
WE WILL, upon request, bargain with the
above-named Union, as the exclusive representa-
tive of all employees in the bargaining unit
described below, with respect to rates of pay,
wages, hours, and other terms and conditions of
employment, and, if an understanding is reached,
embody such understanding in a signed agree-
ment.
WE WILL promptly furnish the above-named
labor organization with the names and addresses;
classifications by departments; hiring dates and
starting pay; dates of upgrade, if any, and rates of
976
ALADDIN HOTEL
pay; present rates of pay; all health and welfare,
pension, and all other fringe benefits; and
vacation policy of all employees in the appropri-
ate unit. The bargaining unit is:
All office clerical employees employed by
the Employer at its facility located at 3667
Las Vegas Boulevard South, Las Vegas,
Nevada; excluding all other employees,
professional employees, supervisors and
guards as defined in the Act.
ALADDIN HOTEL CORP.
D/B/A ALADDIN HOTEL
977