Ramada Inn WestDownload PDFNational Labor Relations Board - Board DecisionsSep 13, 1976225 N.L.R.B. 1279 (N.L.R.B. 1976) Copy Citation RAMADA INN WEST 1279 Lane Avenue Property , Ltd., d /b/a Ramada Inn West and Hotel, Motel, Restaurant Employees & Bar- tenders Union, Local 737, AFL-CIO, Petitioner. Case 12-RC-5003 September 13, 1976 DECISION ON REVIEW BY CHAIRMAN MURPHY AND MEMBERS FANNING AND PENELLO On March 4, 1976, the Regional Director for Re- gion 12 issued his Decision and Direction of Election in the above-entitled proceeding in which he broad- ened the Petitioner's requested unit of housekeeping and maintenance department employees employed at the Employer's 510 Lane Avenue, South Jackson- ville, Florida, motel, to include all the employees there employed.' Thereafter, in accordance with Sec- tion 102.67 of the National Labor Relations Rules and Regulations, Series 8, as amended, the Petitioner filed a timely request for review of the Regional Director's decision on the ground, inter alia, that in making the above unit finding he departed from offi- cially reported Board precedent. By telegraphic order dated May 20, 1976, the Board granted the request for review and stayed the election pending decision on review. Thereafter, the Employer filed a brief on review. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has considered the entire record in this proceeding with respect to the issue under review, including the Employer's brief on review, and makes the following findings: The Employer's motel facility is comprised of 4 connected buildings which contain 220 guestrooms, a number of banquet and meeting rooms, a restaurant, and a lounge. The Employer employs approximately 80 employees in its 6 departments; i.e., 7 front desk, 24 housekeeping, 3 maintenance, 42 food and bever- age, 2 sales, and 2 bookkeeping employees. All the employees are under the overall supervision of Rich- ard L. Jones, the general manager; reporting to him are, among others, the heads of the various depart- ments. The executive housekeeper, Ruth Riddell, super- vises the 16 maids, 3 housemen, and 5 laundry em- ployees who comprise the housekeeping department. The overall unit found appropriate by the Regional Director includes restaurant, lounge, and kitchen employees, front desk clerks, sales depart- ment employees, and bookkeeping clerks These employees are responsible for cleaning the guestrooms, lobby, and function areas of the motel, as well as laundering the motel linen. It is clear from the record that the housekeeping department em- ployees do not normally perform services for other departments of the motel; their duties are for the most part limited to performing the manual func- tions suggested by their job classifications. Thus, there is virtually no evidence that housekeeping de- partment employees have ever performed services for the sales and bookkeeping departments, or acted as clerks at the front desk.2 However, on occasion, some of the housekeeping department employees are uti- lized to help set up certain rooms which are available for functions and, at times, they convert some of the motel rooms into function rooms. They also supply whatever items are needed for functions, such as ta- bles, chairs, water, and pitchers, and clean the tables during breaks. Although it appears that certain maids have been utilized to remove dishes and pour coffee in the dining room if that facility is short of help, the record does not reveal the frequency of such occurrences. Nonetheless it is clear that, except for those instances, housekeeping department employees do not serve food to customers.' The record also in- dicates that other motel employees perform the man- ual duties of the housekeeping department on an in- frequent basis. While sales, bookkeeping, and kitchen employees have in the past prepared rooms for guests, it appears that they perform such work only on an emergency basis. The three maintenance department employees per- form mechanical repairs in all areas of the motel. Like the housekeeping employees, they do not nor- mally perform services in departments other than their own.4 However, maintenance department em- ployees may be called upon to deliver cots or cribs to a room if a front desk clerk is unable to do so. There is no evidence that other motel employees perform maintenance work. The seven front desk clerks are under the supervi- sion of the front desk manager. Their duties include welcoming and checking in guests, handling reserva- tions, placing the guests in appropriate rooms and 2 Nevertheless, the record shows that the assistant housekeeper, a stipulat- ed supervisor, answers the telephone behind the front desk when the front desk clerks are busy In addition, the front desk clerk on duty during the weekend testified that she has called upon a houseman, among others, to relieve her for short periods Finally, while the record is sparse on this point, it appears that a former employee worked in the laundry and at the front desk 3 The record reveals that a housekeeping department employee was grant- ed permission to work in the cocktail lounge However, it appears that she requested the latter duty as she did not have a sufficient number of hours in the housekeeping department Although a maintenance department employee has relieved the sole desk clerk for short periods during the weekend, it appears that he wanted the additional hours to increase his earnings 225 NLRB No. 188 1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD operating the telephone facilities for the entire motel. As noted, the record shows that the functions of the front desk clerks are rarely performed by housekeep- ing or maintenance department employees. Nor do the front desk clerks often perform the manual func- tions of the employees sought to be represented here- in. Although the desk clerks may be called on to clean and prepare a guestroom, the record discloses that these occurrences are normally limited to those occasions when the motel is almost full and the maids have left for the day.' In addition, while the front desk clerks may be called on to deliver a cot or a crib to a guestroom, this normally occurs after 4 p.m.6 The 42 food and beverage employees are super- vised by Richard R. Jones, the food and beverage director. These employees provide food and service to the dining room, cocktail lounge, and the various function areas of the motel. As noted, they rarely perform the manual functions of the motel employ- ees requested by the Petitioner. The front desk clerks are hourly paid and receive from $2.20 to $2.70 per hour. The highest hourly rate of pay for the housekeeping department employees is 10 to 15 cents per hour less than the highest rate for the front desk clerks. All motel employees receive the same fringe benefits. In view of the foregoing, and the record as a whole, we find that there is not such a high degree of integration of functions and mutuality of interest be- tween the requested housekeeping and maintenance department employees and the other motel employ- ees as to require their combination in a single unit. As indicated above, the employees in the requested 5 The housekeeping department is a day-shift operation, which ends at approximately 4 p in , the front desk is operated on three 8-hour shifts There is also a special supply of housekeeping items kept behind the front desk to answer the needs of the customers unit are separately supervised, do not interchange with other employees on a regular basis, and they are engaged in the performance of distinctive manual functions in furtherance of the objectives of their re- spective departments. In these circumstances, we find that the housekeeping and maintenance depart- ment employees enjoy a sufficiently distinct commu- nity of interest, apart from any broader interests they may share with other motel employees, to warrant their separate representation.' Therefore, we conclude that the following unit is appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All full-time and regular part-time maids, house- men, laundry employees and maintenance em- ployees employed by the Employer at its motel facilities located at 510 Lane Avenue, South Jacksonville, Florida; but excluding restaurant employees, lounge employees, kitchen employ- ees, front desk clerks, sales department employ- ees, bookkeeping clerks, guards and supervi- sors 8 as defined in the Act. Accordingly, we shall remand the case to the Re- gional Director for the purpose of conducting an election pursuant to his Decision and Direction of Election, as modified herein, except that the eligibili- ty payroll period therefor shall be that immediately preceding the date of issuance of this Decision on Review. [Excelsior footnote omitted from publica- tion.] ' See Ramada Inns, Inc, 221 NLRB 689 (1975) 8 The parties stipulated that the following individuals are supervisors within the meaning of the Act Richard L Jones ( general manager ), Rich- ard R Jones (assistant manager /food and beverage director), Ruth Riddell (executive housekeeper ), Jacquelyn Cobb (assistant housekeeper), James Pyle (chief engineer ), Robert Parrish (assistant chief engineer ), Carol Wyn- ne (lounge manager ), Laura Wheeler (restaurant day manager), Mary Ellen Gomez (restaurant night manager), Patrick Papa (front desk manager), Ver- ree Crawford ( sales director), and Edmund Rapoza (chef) Copy with citationCopy as parenthetical citation