Atlanta Hilton And Towers

National Labor Relations Board - Board Decisions

Aug 19, 1985

275 N.L.R.B. 1413 (N.L.R.B. 1985)

ATLANTA HILTON & TOWERS - 1413
ACL Corporation d/b/a Atlanta Hilton and Towers
and International Brotherhood of Firemen and-
Oilers, AFL-CIO. Cases 10-CA-18929 and 10-
RC-12727
19 August 1985
SUPPLEMENTAL DECISION, ORDER,
AND DIRECTION OF ELECTION
BY CHAIRMAN DOTSON AND MEMBERS
DENNIS AND JOHANSEN
On 6 December 1984 the National Labor Rela-
tions Board issued a Decision and Order' in the
above-entitled proceeding. The Board found that
only an overall unit excluding property operations
employees, confidential employees, guards, and su-
pervisors was appropriate and, inter alga, dismissed
the petitions, in Cases 10-RC-12727 and 10-RC-
12623. On 17 December 1984 the Charging
Party/Petitioner filed a request for clarifications
and/or reconsideration. On 2 January 1985 the
Respondent/Employer filed a response. -
The Charging Party/Petitioner contends, inter
alia, that because it indicated in both cases its will-
ingness to proceed to an election in any unit found
appropriate, the petitions should not have been dis-
1 273 NLRB 87 (1984), decided by Chairman Dotson and Members
Zimmerman and Dennis - t'
missed. On reconsideration,2 we shall vacate-our 6
December' 1984 Order to the extent that it dis-
missed the petitions in Cases 10-RC-12623 and 10-
RC-12727 and shall direct an election in the fol-
lowing unit, which we found appropriate:3
All full-time and regular part-time employees
employed by the Employer at its Atlanta
Hilton and Towers facility, - but excluding
property operations employees, confidential
employees, guards, and supervisors as defined
in the Act.
ORDER
The Charging Party/Petitioner's request for
-clarifications and/or reconsideration of the-Board's
Decision is granted in part, and the 6- December
1984 Order dismissing the petitions in Cases 10-
RC-12623- and .10-RC-12727 is vacated. In all
other respects, the Charging Party/Petitioner's re-
quest is denied.,
[Direction of Election omitted from publication.]
2 Member Johansen is substituting for former Member Zimmerman on
reconsideration Enterprise Industrial Piping, 118 NLRB 1 (1957)
a As the unit found appropriate is larger than that requested, the Peti-
tioner is accorded a period of 10 days in which to submit the requisite
showing of interest to support an election In the event the Petitioner
does not wish to proceed with an election, it.may withdraw its petition
without prejudice 4by notice to the Regional Director within 7 days from
the date of this decision
275 NLRB No. 197