The Jackson Hilton

National Labor Relations Board - Board Decisions

Feb 11, 1975

216 N.L.R.B. 541 (N.L.R.B. 1975)

THE JACKSON HILTON
Southern Business and Industrial Development Cor-
poration, d/b/a The Jackson Hilton and its
Operating Receiver Robert G . Nichols, Jr. and J.
T. James. Case 15-CA-5293
February 11, 1975
DECISION AND ORDER
BY ACTING CHAIRMAN FANNING AND
MEMBERS JENKINS AND PENELLO
On October 31, 1974, Administrative Law Judge
Melvin J. Welles issued the attached Decision in this
proceeding. Thereafter, Respondent filed exceptions
and a supporting brief and the General Counsel
submitted a brief in support of the Administrative
Law Judge' s Decision.
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 considered the record and the
attached Decision in light of the exceptions and
briefs and has decided to affirm the rulings, find-
ings,' and conclusions of the Administrative Law
Judge and to adopt his recommended Order.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the recommend-
ed Order of the Administrative Law Judge and
hereby orders that Respondent, Southern Business
and Industrial Development Corporation, d/b/a The
Jackson Hilton and its Operating Receiver Robert G.
Nichols, Jr., Jackson, Mississippi , its officers , agents,
successors, and assigns, shall take the action set forth
in the said recommended Order, except that the
attached notice is substituted for that of the
Administrative Law Judge.
I Respondent contends that the Administrative Law Judge erred in
denying its motion to stay the hearing on the grounds that an interim order
of a bankruptcy court restrained all legal proceedings against Respondent
pending further action by that court . Respondent further argues that,
inasmuch as it has now been adjudged bankrupt , the Board should stay the
present proceeding . We do not agree. We find that the proceedings
involving Respondent 's status as a bankrupt in no way affect this decision
and that any question regarding Respondent 's ability to comply with the
Board 's Order is best left to the compliance stage of this proceeding
Bakersfield Foods Co., Inc., 123 NLRB 1130, 1131, at fn. 2 (1959), McKesson
& Robbins, Inc., 19 NLRB 778, 782 ( 1940). See also American Buslines, Inc.,
151 F.Supp. 877 (D.C. Nebr., 1957).
541
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT discharge or otherwise discrimi-
nate against employees because of their union
activities.
WE WILL NOT interrogate or threaten our
employees about their union activities.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce employees in the
exercise of their rights guaranteed by the National
Labor Relations Act.
WE WILL offer J. T. James reinstatement to his
former job or, if that job no longer exists, to a
substantially equivalent position, and WE WILL
pay him for losses he suffered as a result of our
having discharged him in May 1974.
SOUTHERN BUSINESS AND
INDUSTRIAL!DEVELOPMENT
CORPORATION, D/B/A
THE JACKSON HILTON
AND ITS OPERATING
RECEIVER ROBERT G.
NICHOLS, JR.
DECISION
STATEMENT OF THE CASE
MELVIN J. WELLES , Administrative Law Judge : This case
was heard at Jackson , Mississippi, on September 17, 1974,
based on charges filed June 7 , 1974, and amended July 31,
1974, and a complaint issued July 31, 1974, alleging that
Respondent violated Section 8(a)(1) and (3) of the
National Labor Relations Act, as amended.
Upon the entire record in the case , including my
observation of the witnesses , and upon consideration of the
brief filed by the General Counsel , I make the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Respondent, a Mississippi corporation, is engaged in
operating a hotel and restaurant in Jackson, Mississippi.
During the past 12 months , it received gross revenues in
excess of $500,000, and during the same period, it
purchased and received goods and services valued in
excess of $ 10,000 from points located outside the State of
Mississippi . I find , as Respondent admits , that it is an
employer engaged in commerce within the meaning of
Section 2(6) and (7) of the Act.
210 NLRB No. 99
542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE UNFAIR LABOR PRACTICES
With one minor exception , which will be discussed
below , the facts of this case are uncontradicted, being
based on the credible and uncontroverted testimony of the
alleged discriminatee , James, and of two employees of a
local television station , News Director Jack Hobbs, and
Vice President Owens Alexander . These facts show that
James was interviewed by Hobbs on the morning of May
24, 1974, and that this interview appeared on the 6 p.m.
news broadcast that same evening . The interview began
with Hobbs saying:
Here in Jackson attempts are being made to unionize
domestic and restaurant workers . About 125 workers in
these categories met in Jackson earlier this week to
discuss the proposal to unionize to obtain better
working conditions and more pay . J.T. James says they
have not contacted any union representatives yet and.
are still organizing their efforts , but James says he
hopes the movement will spread statewide . I asked
James today specifically why he thought unionization
was the right route.
James then responded , "Well, not to join a union per se,
but to try to organize a union." James made other remarks
concerning the need for unionization and certain difficul-
ties with the minimum wage . A portion of this film was
shown to me at the hearing. James was clearly identifiable
thereon , and by the caption superimposed on the film
reading "J.T. James-spokesman-restaurant workers."
Shortly after 6 p.m. that evening, James asked his
supervisor for permission to leave the kitchen . He went to a
room on the second floor of the hotel where he watched
himself being interviewed,' and then returned to his work
station in the kitchen . Shortly after his return, he was
informed that Respondent 's General Manager , Green,
wanted to talk to him on the phone . James went to the
phone, and the following conversation ensued, as testified
to by James:
I said , "Hello," and the voice on the other end said,
"This is Mr. Green . We just saw you on T.V. What are
you trying to do?" I said, "We had a rally earlier this
week and we 're trying to organize a union for
restaurant workers." He said, "You just filed that damn
EEOC thing." I said , "Yes, sir, I thought it was a good
idea ." He said , "Are you saying that all the employees
at the Jackson Hilton need to be in a union?" I said,
"Yes, sir, that's how I feel." I said, "Like Willie
Johnson , who worked two weeks and drew $43.00. If
we had a union it wouldn 't be that way ." He said,
"That's no damn concern of yours." I said , "Yes, Mr.
Green, I think it is." And he said, "Well if that's that
way you feel, why do you hang around here and accept
my damn pay?" And I said , "Mr. Green , I don't
consider I'm hanging around. I'm here to do a job and
I Respondent's only witness , employee Ray Abney, testified that he saw
James watching the program while standing at the end of a corridor leading
to the lobby. Even if true, this would not affect the result in this case.
7 In the event no exceptions are filed as provided by Sec . 102.46 of the
Rules and Regulations of the National Labor Relations Board , the findings,
I feel I should be paid for it.". . . and he said, "If your
attitude don't change I am going to fire you." And I
said, "You're in a position to do so. I can't stop you."
Then he said , "If your attitude don't change, I am
going to fire you." I said , "Well, Mr. Green, if you're
talking about the union , you may as well fire me,
because I 'm not going to change my mind about that."
He then said , "Well, you're fired."
In addition to the above, the uncontroverted testimony
shows that James was employed from April 8, 1974, to the
date of his discharge on May 24, 1974, that during that
time he was complimented on his work on a number of
occasions by General Manager Green , and that the only
time he was reprimanded was in connection with an
allegedly improperly cooked meal for which the entire
kitchen crew was reprimanded.
Based on the foregoing facts, and with no other
explanation of James' discharge even advanced by Re-
spondent by way of argument, let alone testimony, that
Respondent violated Section 8(a)(1) and (3) by discharging
James and Section 8(a)(1) by interrogating him about his
activities and threatening him with discharge is not open to
question, and I so find.
CONCLUSION OF LAW
By discharging J. T. James because of his union
activities , and by interrogating and threatening him
concerning those activities, the Company engaged in unfair
labor practices affecting commerce within the meaning of
Sections 8(ax1) and (3) and 2(6) and (7) of the Act.
THE REMEDY
I shall recommend that Respondent cease and desist
from its unfair labor practices, that it offer reinstatement to
J. T. James with backpay, computed as provided in F. W.
Woolworth Company, 90 NLRB 289 (1950), and Isis
Plumbing & Heating Co., 138 NLRB 716 (1962), and take
certain affirmative action in order to effectuate the policies
of the Act.
Upon the foregoing findings of fact , conclusion of law,
and the entire record, and pursuant to Section 10(c) of the
Act, I hereby issue the following recommended:
ORDER2
Respondent , Southern Business and Industrial Develop-
ment Corporation, d/b/a The Jackson Hilton and Its
Operating Receiver, Robert G. Nichols, Jr., Jackson,
Mississippi, its officers, agents, successors, and assigns,
shall:
1. Cease and desist from:
(a) Discharging or in any other manner discriminating
against employees because they have engaged in concerted
activities.
conclusions, and recommended Order herein shall, as provided in Sec.
102.48 of the Rules and Regulations, be adopted by the Board and become
its findings, conclusions , and Order, and all objections thereto shall be
deemed waived for all purposes.
THE JACKSON HILTON 543
(b) Interrogating or threatening employees concerning
their union activities.
(c) In any like or related manner interfering with,
restraining, or coercing their employees in the exercise of
their rights protected by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act:
(a) Offer J. T. James immediate and full reinstatement to
his former job or, if that job no longer exists, to a
substantially equivalent position, without prejudice to his
seniority or other rights and privileges, and make him
whole for any loss of earnings he may have suffered, in the
manner set forth in the section hereof entitled "The
Remedy."
(b) Preserve and, upon request, make available to the
Board or its agents , for examination and copying, all
payroll records, social security payment records, timecards,
personnel records and reports, and all records necessary to
analyze the amount of backpay due under the terms of this
recommended Order.
(c) Post at its place of business in Jackson, Mississippi,
copies of the attached notice marked "Appendix."3 Copies
of said notice, on forms provided by the Regional Director
for Region 15, after being duly signed by an authorized
representative' of the Company, shall be posted by
Respondent immediately upon receipt thereof, and main-
tained for 60 consecutive days thereafter, in conspicuous
places, including all places at all locations where notices to
employees are customarily posted. Reasonable steps shall
be taken by the Company to ensure that the notices are not
altered, defaced, or covered by any other material.
(d) Notify said Regional Director, in writing, within 20
days from the date of this Order, what steps the
Respondent has taken to comply herewith.
3 In the event that the Board 's Order is enforced by a Judgment of a to a Judgment of the United States Court of Appeals Enforcing an Order of
United States Court of Appeals, the words in the notice reading "Posted by the National Labor Relations Board."
Order of the National Labor Relations Board" shall read "Posted Pursuant