Restaurant & Tavern Owners Association of Salem

National Labor Relations Board - Board Decisions

Feb 16, 1960

126 N.L.R.B. 671 (N.L.R.B. 1960)

RESTAURANT & TAVERN OWNERS ASSOCIATION OF SALEM 671
Restaurant & Tavern Owners Association of Salem , Petitioner
and Culinary Alliance & Bartenders Union , Local No. 452,
Hotel & Restaurant Employees and Bartenders International
Union, AFL-CIO. Case No. 36-RM-f15. February 16, 1960
DECISION AND ORDER
Upon a petition duly filed under Section 9(c) of the National
Labor Relations Act, a hearing was held before Robert J. Wiener,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to Section 3(b) of the National Labor Relations Act, the
Board has delegated its powers herein to a three-member panel
[Chairman Leedom and Members Bean and Fanning].
Upon the entire record in this case, the Board finds :
1. The Petitioner, hereinafter sometimes called the Association, is
an association which currently includes over 24 employer-members,
and 26 establishments, comprising hotels, taverns, and restaurants, in
the Salem, Oregon, area. Since 1956, some of its members, compris-
ing at least 11 in number, have participated in multiemployer bar-
gaining. During 1958 these members had gross revenues in excess
of $1,400,000, of which over $50,000 represented out-of-State bookings
of conventions by the two hotel members; indirect purchases of goods
from outside Oregon during this period were in excess of $400,000.
Accordingly, we find that the Petitioner is engaged in commerce
within the meaning of the Act and that it would effectuate the pur-
poses of the Act to assert jurisdiction.'
2. The Union is a labor organization within the meaning of the
Act.
3. The Association seeks an election among the employees employed
in 26 establishments operated by its 24 employer-members .2 It as-
serts that the Union claims to represent the employees in such a unit,
and that such a unit is appropriate. The Union, on the other hand,
although asserting that it represents the employees of some of the
employer-members of the Association, denies that it claims or has
claimed to represent the employees in the unit described in the peti-
tion and further denies that such a unit is appropriate. The Union
does not seek an election in any unit, and the Association has, in
i See Carolina Supplies and Cement Co., 122 NLRB 88, and Siemons Mailing Service,
122 NLRB ,81.
2 These include Chuck's Steak House, Cline 's Food Shop, Marshall 's Inn, Minute Cafe,
the Pioneer Club, Rialto Coffee Shop , Salem Malt Shop , Brite Spot Cafe, Marion Motor
Hotel, Senator Hotel, China City Cafe, The Meadows Cafe, The Pike Cupboard Cafe,
Edd'ie's Supper Club, Ott's Drive In, Pan Cake House , Randall's Chuck Wagon, Shattuc's
Chateau, the Smoke Shop, and The Ranch. Monk's Cafe, Cross Coffee Shop, and Lone
Oak Tavern were added by amendment at the bearing . The Pike has three establishments,
which the Petitioner seeks to include.
126 NLRB No. 83.
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
effect disclaimed any desire for an election in any unit other than that
petitioned for.
The record establishes that, in 1956, the Association and the Union
executed a contract covering a multiemployer unit encompassing
some , but not all, of the employer-members designated in the instant
petition.3 In addition, the Union, in 1956 and 1957, signed individual
contracts with certain other of such employer-members.4 The Union
has not, however, at any time been the bargaining representative of
the employees of at least seven of the employer-members designated in
the petition,' and the record fails to establish that the Union has at
any time claimed to represent such employee's. It appears, rather,
that during the 1959 negotiations for a new contract, the Union ob-
jected to the inclusion in the multiemployer unit of the employees of
any employers not previously the subject of a contract with the
Union; there is, moreover, no evidence that the Union has taken any
action inconsistent with its disclaimer at the hearing, noted above,
with respect to the unit described in the petition.
In view of the foregoing and upon the entire record, we find that
the Union does not claim to represent the employees in the unit de-
scribed in the petition, and that the petition, therefore, does not raise
a question concerning representation, within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act.' Accordingly, as no
party seeks an election in any other unit, we shall dismiss the
petition.7
[The Board dismissed the petition.]
a Chuck's Steak House , Cline's Food Shop, Marshall 's Inn, the Pioneer Club ( then called
Pioneer Tavern ), Rialto Coffee Shop, Salem Malt Shop, Brite Spot Cafe ( then called
Brite Spot ), Marion Motor Hotel (then called Marion Hotel ), Senator Hotel , and Cross
Coffee Shop ( then called Cross Coffee Cup).
'China City Cafe , Randall ' s Chuck wagon , one of The Pike establishments at 138 S.
Liberty St ., Salem, Oregon , and The Meadows
5 These 'include the Cupboard Cafe, Ott's Drive In, the Pan Cake House, Shattuc's
Chateau, The Ranch, Monk's Cafe, and Lone Oak Tavern The Union has also never
been the bargaining representative for two of the three Pike establishments.
G Wm. W Wolf Bakery, Inc . 97 NLRB 122; Maclobe Lumber Company of Glen Cove,
et at, 120 NLRB 320
7 We find it unnecessary , therefore , to consider the contentions of the parties with
respect to which of the employer-members with which the Union has had bargaining
relationships are appropriately a part of the multiemployer unit.
Milk Co-Op of Cal ., Inc. and Retail Clerks Union , Local 755,
RCIA, AFL-CIO . Case No. A 0-4. February 17, 1960
ADVISORY OPINION
A petition has been filed by Retail Clerks Union, Local 755, RCIA,
AFL-CIO, herein called Local 755, praying for an advisory opinion
126 NLRB No. 84.