Club Cal-Neva

National Labor Relations Board - Board Decisions

Dec 30, 1971

194 N.L.R.B. 797 (N.L.R.B. 1971)

CLUB CAL-NEVA
Sierra Development Company d/b/a Club Cal-Neva
and Casino Employees Division, Stationary Engi-
neers, Local 39, International Union of Operating
Engineers, AFL-CIO, Petitioner. Case
20-RC-9960
December 30, 1971
DECISION AND DIRECTION OF
ELECTIONS
BY CHAIRMAN MILLER AND MEMBERS 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 William E. Engler on
May 4, 1971. Following the hearing and pursuant to
Section 102.67 of the Board's Rules and Regulations
and Statements of Procedures, Series 8, as amended,
the Regional Director for Region 20 transferred this
case to the Board for decision. Thereafter, the
Employer filed a brief with the Board.
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.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. The rulings are hereby
affirmed.
Upon the entire record in this case, including the
brief, the Board finds:
1. The Employer, a Nevada corporation, is en-
gaged in the operation of a gambling casino with
appurtenant dining room and bars in Reno, Nevada.
During the last calendar or fiscal year preceding the
hearing, the Employer's gross revenues stemming
from these operations exceeded $500,000 and during
the same period the Employer purchased and received
from points outside the State of Nevada goods,
supplies, and materials valued in excess of $50,000.
Accordingly, 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. The labor organizations' involved claim to
represent certain employees of the Employer.2
1 Although Gaming and Office Employees Union (GOEU) at the time
of the hearing was not a party to any collective-bargaining agreements, the
record shows that it currently has a dues-paying membership composed of
employees of various Nevada gambling establishments ; that it has recently
represented such members in processing their grievances , and that the
organization exists for the purpose of dealing with employers in regard to
wages , hours, and other terms and conditions of employment . Further,
GOEU has been a party to a recent labor agreement. See 105 Casino
Corporation d/b/a Nevada Club, 178 NLRB 81. Accordingly, we find the
GOEU to be a labor organization within the meaning of Section 2(5) of the
Act.
797
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
Employer within the meaning of Sections 9(c)(1) and
2(6) and (7) of the Act.
4. The parties are in general agreement that
separate units of gaming and maintenance employees
would be appropriate for purposes of collective
bargaining. At issue is the unit placement of certain
employee classifications, principally the slot mechan-
ics. Petitioner would include the slot mechanics in the
maintenance unit, whereas the Employer and Interve-
nor urge their placement in the gaming unit. We agree
with the position of the Employer and the Intervenor.
The Employer is owned by six stockholders, each of
whom is an officer or director and is active in the
management of the Employer's operations. Two of
these owner-directors, A. Tolen and W. Nelson,
exercise managerial authority over the casino opera-
tion, including slot machines. Within the slot machine
department is the slot repair shop where the slot
mechanics in issue are employed. This shop is under
the supervision of a head slot mechanic who reports
directly to Tolen and, apparently, Nelson. This
department is responsible for the repair and mainte-
nance of all of the casino's slot machines. Managerial
responsibility for the engineering or maintenance
department is vested in another owner-director, J.
Douglas. Directly under him is the head engineer who
supervises the maintenance employees who are
primarily involved in repairs and upkeep and general
maintenance of the Employer's physical plant and
equipment.
As to the slot mechanics, the record shows that in
the performance of their duties they divide their time
almost equally between the slot machine repair shop
and the casino floor. While on the floor-a public
area of the club-they assist the slot keymen in
patrolling and surveying the operation of the ma-
chines so as to correct malfunctions which occur from
time to time. Typical of these occurrences are
machine stoppages or jam-ups due to the insertion of
bent or imperfect coins. Both mechanics and keymen
can open the machines as required in such contengen-
cies, and the slot mechanic is available to effect on-
the-spot repairs with a minimum of inconvenience to
the patrons. If the mechanical defect cannot be
remedied on the floor, the slot mechanic will remove
2 During the hearing, the Hearing Officer permitted the Gaming and
Office Employees Union (GOEU) to intervene in this proceeding on the
basis of its submission of authorization cards obtained from employees
eligible to vote in the bargaining unit for gaming employees found
appropriate herein. Since the GOEU is not seeking a unit substantially
different from that of the Petitioner and it does not desire representational
rights in the maintenance unit also found appropriate, infra, we find that
GOEU's showing of interest is adequate as to the gaming unit Cf Dierks
Paper Company, 120 NLRB 290; The Great Atlantic & Pacific Tea
Company, 130 NLRB 226.
194 NLRB No. 138
798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the machine to the'slot repair shop where he, or the
other mechanics, will make the necessary repairs
using the more elaborate tools and equipment located
there. Like the keymen, slot mechanics are in frequent
contact with casino patrons, and they may authorize
the payment of jackpot payoffs by the slot booth
cashiers or by the mobile change girls in cases
involving smaller jackpot amounts. All of these
employees-change girls, slot cashiers, and slot
keymen, like the slot mechanics-are assigned to the
slot machine department. In common with the other
department personnel, the slot mechanics, when on
the floor, watch for cheating attempts or other
customer iregularities and perform an important role
in assuring the continued efficient operation of the
machines for the benefit of casino patrons. Slot
mechanics are hired by the head slot mechanic; are
schooled in basic electronics; devote their time
exclusively to repairing slot machines; and are subject
to their own department's supervision. There is no
interchange between slot mechanics and maintenance
department personnel, and there exists no overlap-
ping of the lines of promotion between the slot
machine and engineering or maintenance depart-
ments.
The maintenance employees, on the other hand, are
involved in maintaining and repairing all manner of
machinery and equipment, including dishwashers, air
conditioning and heating units, electric motors, and
plumbing and lighting fixtures, and, on occasion, they
perform carpentry work. The qualifications necessary
to the discharge of these tasks are a working
knowledge of mechanics, electricity, plumbing, and
woodworking. As indicated, they are separately
supervised by the head engineer who reports to
owner-director Douglas, and they do not engage in
slot machine repairs. Unlike the slot mechanics,
maintenance engineers are not in regular contact with
gaming customers in the public areas of the club. In
short, maintenance department personnel are respon-
sible for the maintenance and efficient functioning of
the Employer's physical plant.
We believe that the foregoing demonstrates that the
slot mechanics have, a closer community of interest
with employees in the gaming unit than with those in
maintenance. Thus, the slot department in which they
are placed is a major part of the Employer's gaming
operation. While they have separate immediate
supervision, their supervisor reports to the same
managerial authority as do other supervisors in the
Employer's gaming operations. As shown, these slot
mechanics have considerable contact with other
gaming unit employees, and, like these other employ-
ees, also come in contact with casino patrons. Further,
some of their duties are the same as those assigned to
gaming unit employees. Finally, the work of these
employees relates solely to the Employer's casino
operations and, unlike the maintenance employees,
they are not concerned to any degree with other
maintenance or repair functions incidental to the
Employer's operations. We shall, therefore, include
the slot mechanics in the gaming unit.3
At the hearing, the parties were in accord as to the
unit placement or exclusion of most classifications,
but no agreement was reached as to the status of the
cage shift managers, the keno second men, and the
slot keymen.
It appears that the cage shift managers assign the
work to cashiers under them, authorize overtime, and
evaluate the work of the cashiers. It also appears that
they can effectively recommend discharges. We find
them to be supervisors and shall exclude them from
the unit. As to the keno second men and slot keymen,
there is no showing that they have similar functions or
possess any, other indicia of supervisory authority.
Accordingly, we shall include them in the gaming
unit.
On the basis of the foregoing, we find that the
following employees constitute separate appropriate
units for purposes of collective bargaining within the
meaning of Section 9(b) of the Act:
(a) All gaming casino employees, including 21
dealers, roulette dealers, crap dealers, check
rackers, keno second and third men, keno writers
and keno runners, poker dealers, shills, slot
keymen, slot mechanics, slot change girls, slot
booth cashiers, coin wrappers and cage cashiers;
excluding shift managers, pit bosses, boxmen,
keno first men, poker managers, head slot keymen,
head slot mechanic, head slot floorman, head
cashier and credit manager, cashier cage shift
managers, public relations man, all other supervi-
sors within the meaningf of the Act, employees
currently represented by other labor organizations
which have collective bargaining agreements with
the Employer, all other employees, guards, and
office clerical employees.
(b) All maintenance department employees,
including maintenance engineers and receiving
clerk; excluding chief maintenance engineer, all
other supervisors within the meaning of the Act,
employees currently represented by other labor
organizations which have collective bargaining
agreements with the Employer, and all other
employees, guards, and office clerical employees.
[Direction of Elections4 omitted from publication.]
3 Harold's Club, Inc, 194 NLRB No. 9. fn Excelsior Underwear, Inc, 156 NLRB 1236, N L R B v Wyman-Gordon
4 This election is assured in the manner set forth in the standard election Co, 394 U S 759