Desert Inn Hotel

National Labor Relations Board - Board Decisions

Jan 3, 1972

194 N.L.R.B. 819 (N.L.R.B. 1972)

DESERT INN HOTEL
Hughes Tool Company, d/b/a Desert Inn Hotel' and
Local 711 Union of Gaming & Affiliated Casino
Employees of America, Petitioner. Case
31-RC-1743
January 3, 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.
Following 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.
Upon the entire record in this case,2 including the
brief, the National Labor Relations Board finds:
1. The parties stipulated, and we find, that the
Employer'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.3
2. For the reasons delineated by us in the
Landmark Hotel case,4 we conclude here, as we did
there, that the Petitioner is a labor organization within
the meaning of Section 2(5) of the Act.5
The record reveals, and we find, that the Intervenor
has represented the parties and their collective-bar-
gaining contracts in the area for many years and is in
all respects a duly constituted labor organization.
3. A question affecting commerce exists concern-
ing 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 Employer is engaged in the operation of a
hotel and casino in Las Vegas, Nevada. With the
exception of the classification of floorman, the parties
stipulated, and we find, that the appropriate unit
consists of all gaming casino dealers, shills, and slot
mechanics, excluding casino shift managers and
assistant shift managers, pit bosses, pit floormen,
i Name shown as stated in hearing
2 By stipulation , the parties have agreed to incorporate herein the
records of other cases concerning casino employees who are employed in
hotels and casinos in Southern Nevada Desert Palace, Inc, d/b/a Caesar's
Palace, Case 31-RC-1707 ( 194 NLRB No 140), Hughes Tool Company,
d/b/a Castaways Casino, Case 31 -RC-1732; Prell Hotel, Inc, d/b/a
Aladdin Hotel, Case 31-RC-1725 , Hughes Tool Company, d/b/a The
Landmark Hotel and Casino, Case 31-RC-1728 ( 194 NLRB No. 139);
Karat, Inc , d/b/a Stardust Hotel, Case 31-RC-1742 , Consolidated Casinos
819
boxmen, slot shift supervisors, booth cashiers, change
girls, casino cage cashiers, slot cage cashiers, coin
counters and wrappers, pit clerks, credit clerks, office
clerical employees, guards, all other employees and
other supervisors. With respect to the classification of
floorman, the Petitioner and the Intervenor would
include them in the unit, while the Employer would
exclude them as supervisors. We find merit in the
Employer's position.
The slot machine department is under the supervi-
sion of the slot manager. Under the slot manager are
four slot supervisors,6 one of whom is classified as a
mechanic supervisor, because he has mechanical
ability to work on the slot machines in addition to his
supervisory duties. Assisting the slot supervisors are
three floormen and one floorman-mechanic, who
performs a minor amount of maintenance in addition
to his floorman duties. Similar to the functions of a
slot supervisor, a floorman assists the slot manager in
the operation of the slot machine department and is
responsible for the operation of an assigned portion of
that department. The normal shift assignment for the
greatest part of the day and week is one slot supervisor
and one floorman on duty at the same time. Both the
slot supervisor and the floorman may alter an
established procedure set down by the slot manager if
it is deemed necessary.
The floorman spends most of his time on the floor
jointly supervising the activities of the change girls
and booth cashiers as to matters relating to cash
check-in and cash check-out, paying off jackpots, and
generally handling customer relations. The floorman
has the same authority as the slot supervisor to assign
work to the change girls and booth cashiers, to
authorize an employee to leave the floor area, to
schedule overtime work for particular employees, and
to correct and reprimand employees when necessary.
In addition to the above-listed duties, the floorman
participates in the hiring process by submitting
recommendations of individuals for various positions,
has the authority to make a decision as to whether a
probational employee qualifies for regular employ-
ment, instructs and trains new employees, has
authority to promote employees, has authority to
effectively recommend discharge, and initially han-
dles grievances from employees.
In general, slot supervisors and floormen perform
the same functions, although the slot supervisor has
Corporation, Sahara Division, Case 31-RC-1676; and Sierra Development
Company, d/b/a Club Cal-Neva, Case 20-RC-9960 (194 NLRB No. 138).
3 El Dorado, Inc., d/b/a El Dorado Club, 151 NLRB 579.
4 194 NLRB No 139
5 During the course of the hearing, the International Union of
Operating Engineers , Local 501, AFL-CIO (hereinafter Intervenor), moved
to intervene and the motion was granted based on its showing of interest
6 The slot supervisors were excluded from the unit by agreement of the
parties as supervisors within the meaning of the Act.
194 NLRB No. 141
820 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
higher authority if there is a disagreement and can
reprimand the floorman if necessary. While the slot
supervisor is salaried, the floorman is paid on an
hourly rate. Based upon the record as a whole, and in
view of the circumstances demonstrating the similari-
ty in the positions of slot supervisor and floorman, we
exclude the floorman from the unit as a supervisor.
Accordingly, we find that the following employees
constitute an appropriate unit for purposes of
collective bargaining within the meaning of Section
9(b) of the Act:
All gaming casino dealers, shills and slot mechan-
7 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
addresses which may be used to communicate with them . Excelsior
Underwear Inc, 156 NLRB 1236; N L.R B v Wyman-Gordon Co, 394 U.S.
759. Accordingly, it is hereby directed that an election eligibility list,
containing the names and addresses of all the eligible voters, must be filed
ics employed by the Employer in its place of
business at 3145 Las Vegas Boulevard, Las Vegas,
Nevada, but excluding casino shift managers and
assistant shift managers, pit bosses, pit floormen,
boxmen, slot shift supervisors, floormen, booth
cashiers, change girls, casino cage cashiers, slot
cage cashiers, coin counters and wrappers, pit
clerks, credit clerks, office clerical employees,
guards, all other employees and other supervisors
as defined in the Act.
[Direction of Election 7 omitted from publication.]
by the Employer with the Regional Director for Region 31 within 7 days of
the date of this Decision and Direction 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.