International Kitchens

National Labor Relations Board - Board Decisions

Mar 18, 1971

189 N.L.R.B. 79 (N.L.R.B. 1971)

INTERNATIONAL KITCHENS 79
Charles T. Joyce, d/b/a International Kitchens and
Hotel , Motel & Restaurant Employees and Bartend-
ers Union Local 694, AFL-CIO, Petitioner. Case
31-RC-1395
March 18, 1971
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND BROWN
Pursuant to a Stipulation for Certification Upon
Consent Election approved by the Regional Director
on May 20, 1970, an election by secret ballot was
conducted among the employees in the stipulated unit
on June 1, 1970, under the direction and supervision
of the Regional Director for Region 31. Subsequent to
the election, and based upon objections to conduct
affecting the results of the election timely filed by the
Petitioner, the above parties executed an agreement
approved by the Regional Director on August 21,
1970, which, inter alia, waived any right to a hearing, a
report, or a decision; provided for setting aside the
June 1 election on the basis of certain of the
objections; and provided that a rerun election should
be held.
Pursuant to this agreement and the earlier stipula-
tion incorporated therein, a rerun election was
conducted on November 24, 1970. The parties were
furnished a tally of ballots which showed that of
approximately 25 eligible voters, 22 cast ballots, of
which 13 were for, and 9 were against, the Petitioner.
On December 2, 1970, the Employer filed with the
Regional Director a letter protesting the election.
Although the Employer's letter did not purport to be
objections to the conduct of the election or conduct
affecting the results of the election and did not
conform with the requirements of Section 102.69 of
the National Labor Relations Board's Rules and
Regulations, Series 8, as amended, the Regional
Director duly considered the protest filed by the
Employer.
On December 11, 1970, the Regional Director
issued a Report on Objections, in which he recom-
mended that the Employer's protest be overruled and
that a Certification of Representative be issued. The
Employer filed timely exceptions to the Regional
Director's report.
I We agree with the Regional Director that the Employer cannot, absent
an offer of newly discovered or previously unavailable evidence, avoid its
stipulation that it and Ice Capades , Inc., are a single employer which meets
the Board 's discretionary standards for asserting jurisdiction . See Capitan
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three-member
panel.
Upon the entire record in this case , the Board finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Petitioner is a labor organization claiming
to represent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
4. The parties agreed, and we find, that the
following employees constitute a unit appropriate for
the purposes of collective bargaining within the
meaning of Section 9(b) of the Act:
All cooks, stand attendants, pantry employees,
diswashers, busboys, and all part-time employees
employed at the Employer's North Hollywood,
California, restaurant; but excluding all guards,
clericals, and supervisors as defined in the Act and
all culinary employees employed at the snack bar
located within the skating rink area.
5. The Board has considered the entire record in
this case, including the Employer's protest, the
Regional Director's report, and the Employer's
exceptions, and adopts the Regional Director's report,
except as indicated herein.' Accordingly, as the
Petitioner received a majority of the votes cast, we
shall certify it as the representative of the employees
in the unit.
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that Hotel , Motel & Restaurant
Employees and Bartenders Union Local 694,
AFL-CIO , has been designated and selected by a
majority of the employees of the Employer in the
appropriate unit as their representative for the
purpose of collective bargaining , and that pursuant to
Section 9(c) of the Act the said labor organization is
the exclusive representative of all the employees in
such unit for purposes of collective bargaining with
respect to rates of pay , wages, hours of employment,
and other conditions of employment.
Drilling Company, Inc., 167 NLRB 144, In . 4. We therefore find it
unnecessary to rule on the Regional Director 's further finding that the
Employer and Ice Capades are a single employer within the Trade Winds
Motor Hotel & Restaurant rule (140 NLRB 567).
189 NLRB No. 18