Castaways Casino

National Labor Relations Board - Board Decisions

Jan 31, 1972

195 N.L.R.B. 282 (N.L.R.B. 1972)

282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Hughes Tool Company , d/b/a Castaways Casino and
Local 711 Union of Gaming & Affiliated Casino Em-
ployees of America , Petitioner. Case 31-RC-1732
January 31, 1972
DECISION AND DIRECTION OF ELECTION
BY CHAIRMAN MILLER AND MEMBERS FANNING,
JENKINS, AND KENNEDY
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer Max Steinfeld. Follow-
ing the hearing and pursuant to Section 102.67 of the
Board's Rules and Regulations and Statements of
Procedure, Series 8, as amended, the Regional Director
for Region 31 transferred this case to the Board for
decision. The Employer filed a brief in this proceeding
and a motion to dismiss the petition. The Petitioner and
the Intervenor filed oppositions thereto.'
Upon the entire record in this case, including the
brief, the National Labor Relations Board finds:
1. The parties stipulated, and we find, that the Em-
ployer's annual gross revenues exceed $500,000, and
purchases of products which originate outside the State
of Nevada exceed $50,000 annually. We find that the
Employer is engaged in commerce within the meaning
of the Act and that it will effectuate the purposes of the
Act to assert jurisdiction herein.2
2. For the reasons delineated by us in the Landmark
Hotel case,' we conclude here, as we did there, that the
Petitioner is a labor organization within the meaning of
Section 2(5) of the Act.'
The record reveals, and we find, that the Intervenor
has represented the parties in collective-bargaining
contracts in the area for many years and is in all re-
spects a duly constituted labor organization.
3. A question affecting commerce exists concerning
representation of certain employees of the Employer
within the meaning of Sections 9(c)(1) and 2(6) and (7)
of the Act.
By letter to the Board dated December 8, 1971, the Employer filed a
motion to dismiss the above -entitled representation petition based upon its
contention that it has discontinued the gaming operations at Castaways out
of which the question concerning representation arose. The Petitioner and
the Intervenor opposed the Employer's motion on the basis that their infor-
mation indicated that the discontinuance of the gaming operations at Casta-
ways was due to remodeling and was temporary in nature The Employer's
motion is hereby denied . We shall direct the Regional Director to proceed
with the election directed below in the unit hereinafter found appropriate,
on a date to be determined by him , unless, before the actual conduct of the
election, it is established to his satisfaction that Castaways has permanently
ceased its casino operations , in which event he shall dismiss the petition. See
Fashion Mills, Inc., et al., 127 NLRB 731.
El Dorado Inc., d/b/a El Dorado Club, 151 NLRB 579.
194 NLRB No 139
During the course of the hearing, the International Union of Operating
Engineers , Local 501, AFL-CIO (hereinafter Intervenor), moved to inter-
vene and the motion was granted based on a showing of interest
4. The Employer is engaged in the operation of a
hotel and casino in Las Vegas, Nevada. The parties
agreed, and we find, that the appropriate unit should be
described as follows: All gaming casino dealers and
shills employed by the Employer, excluding casino shift
managers and assistant shift managers , pit bosses, pit
floormen, boxmen, booth cashiers, change girls, casino
cage cashiers, office clerical employees, guards, all
other employees and supervisors. There remains in is-
sue, however, the placement of the classification of em-
ployees known as slot shift supervisors and the classifi-
cation known as coin wrapper. With respect to these
employees, the Employer and the Petitioner would ex-
clude slot shift supervisors as supervisors under the
Act, and the coin wrapper as having no community of
interest with employees included in the unit. The Inter-
venor desired the Regional Director to make a deter-
mination on the basis of the record. We find merit in
the Employer's and Petitioner's contention with re-
spect to these employees.
The record reveals that Castaways is a small casino.
The slot machine operation is a separate department
under the slot manager, who is a supervisor within the
meaning of the Act and does the major maintenance
work in the department. Below the slot manager are
four slot shift supervisors, who are salaried. There are
no slot floormen at Castaways. The slot shift super-
visors are in charge of the floor and are responsible for
overseeing its operation, including customer relations.
There is a slot shift supervisor for each shift and one
on relief. The slot shift supervisor has the authority of
the slot manager in the slot manager's absence, which
is frequent as to any given shift. The slot shift super-
visor interviews employees, hires employees, evaluates
new employees, gives verbal and written reprimands,
has the power to discharge employees by way of recom-
mendation to the slot manager , instructs employees
(booth cashiers and change girls) as to their duties,
schedules employees on overtime, discusses and dis-
poses of problems with the union agents, adjusts em-
ployee complaints, and exercises general supervision
over employees on the floor. We agree with the Em-
ployer's and Petitioner's contention that the slot shift
supervisor is a supervisor within the meaning of the
Act, and we shall exclude the slot shift supervisors
from the unit.
With respect to the coin wrapper, the record reveals
that he is a part-time employee working from 20 to 34
hours a week depending on need; he works alone in an
enclosed room, which is a vault in the casino area; he
has no contact with any other employee and is super-
vised directly by the slot manager; he operates a coin
wrapper machine that wraps coins into certain size
rolls, and he puts the wrapped coins into cans for stor-
age purposes; and he repairs the machine when neces-
sary in the slot shop, where the only other person per-
195 NLRB No. 46
HUGHES TOOL COMPANY
mitted is the slot manager. We agree with the Em-
ployer's and Petitioner's contention that the coin wrap-
per should be excluded from the unit as he does not
have a sufficient community of interest with the gaming
casino dealers and shills, We shall, therefore, exclude
the coin wrapper from the unit.
Accordingly, we find the following employees consti-
tute an appropriate unit for purposes of collective bar-
gaining within the meaning of Section 9(b) of the Act:
All gaming casino dealers and shills employed by
the Employer at its location at 3320 Las Vegas
Boulevard, South, Las Vegas, Nevada, excluding
casino shift managers and assistant shift manag-
ers, pit bosses, pit floormen, boxmen, slot shift
supervisors, booth cashiers, change girls, casino
cage cashiers, coin wrapper, office clerical em-
283
ployees, all other employees and guards and other
supervisors as defined in the Act.
[Direction of Election' omitted from publication.]
' In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their ad-
dresses which may be used to communicate with them Excelsior Underwear
Inc., 156 NLRB 1236, NLR.B v Wyman-Gordon Co., 394 US 759
Accordingly, it is hereby directed that an election eligibility list, containing
the names and addresses of all the eligible voters, must be filed by the
Employer with the Regional Director for Region 31 within 7 days of the
date of issuance of the Notice of Election . The Regional Director shall make
the list available to all parties to the election 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