The Raleigh Hotel Co.

National Labor Relations Board - Board Decisions

May 21, 1938

7 N.L.R.B. 353 (N.L.R.B. 1938)

In the Matter of THE RALEIGH HOTEL COMPANY and HOTEL AND
RESTAURANT EMPLOYEES ALLIANCE, LOCAL No. 80
Case No. R-641-Decided May 01, 1938
Hotel Operating Industry-Investigation of Representatives: controversy con-
cerning representation of employees: majority status disputed by employer;
employer's refusal to grant recognition of union-Unit Appropriate for Col-
lective Bargaining: service employees ; stipulation as to-Representatives: proof
of choice: stipulation as to majority representation-Ccrtifcation of Representa-
tives: pursuant to stipulation.
Mr. Reeves R. Hilton, for the Board.
Mr. Leo N. McGuire, of Washington, D. C., for the Company.
Mr. James McNamara, of Washington, D. C., for the Union.
Mr. Francis Hoague, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On January 24, 1938, the Hotel and Restaurant Employees Al-
liance, Local No. 80, herein called the Union, filed with the Regional
Director for the Fifth Region (Baltimore, Maryland) a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of The Hotel Raleigh,, Washington,
D. C., herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, Herein called the Act. On
March 18, 1938, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, ` of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice. The Board further ordered
that pursuant to Article III, Section 10 (c) (2), and Article II,
'On March 8, 1938, the Union filed an amended petition changing the name of the
Company to read "The Raleigh Hotel Company." At the hearing, all parties agreed to the
allowance of this amendment.
353
354
NATION AL LABOR RELATIONS BOARD
Section 37 (b), of the Rules and Regulations-Series 1, as amended,
this case be consolidated, for the purposes of hearing, with a case
involving' a charge by the petitioner herein that the Company had
engaged in unfair practices within the meaning of Section 8 (1), of
the Act.
On March 19, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and upon
the Union. Pursuant to the notice a hearing in the consolidated case
was held beginning on March 24, 1938; and ending -April -2, 1938, at
Washington, D. C., before Lawrence J. Posters, the Trial Examiner
duly designated by the Board. The Board, the Company and the
Union were represented by counsel and participated in the hearing.
As a result of conferences held during a recess the following stipula-
tion was agreed upon by all parties to the proceeding and was offered
in evidence and made a part of the record in this matter without
objection :
STIPULATION
It is hereby stipulated and agreed by and between all the
parties hereto that the following stipulation be submitted to the
National Labor Relations Board upon which the Board may enter
an Order of Certification of Representatives pursuant to the
power vested in the Board by Section 9 (c) of the National. Labor
Relations Act.
I
It is stipulated and agreed that all service employees of The
Raleigh Hotel Company, including doormen, bellmen, elevator
operators (front and back), lobby porters, housemen, wall wash-
ers, vacuum men, cleaners and maids, and excluding foremen and
those employed in a supervisory capacity, telephone operators,
porters, clerical workers, front office employees timekeepers,
engineers, firemen, valets, linen room clerks, inspectresses, house
officers and night watchmen, constitute a unit appropriate for the
purpose' of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act.
II I
It is stipulated and agreed that on January 24, 1938, there were
97 employees of The Raleigh Hotel Company in the appropriate
unit described above, and that by the aforesaid date, the Hotel
and Restaurant Employees Alliance Local 80, had been designated
as their representative for the purposes of collective bargaining
by 65 of the employees in said unit.
DECISIONS AND ORDERS
III
355
Local No. 80 of the Hotel and Restaurant Employees Alliance
having been selected for the purposes of collective bargaining by a
majority of the employees in a unit appropriate for such purposes
is, by virtue of Section 9 (a) of the National Labor Relations Act,
the exclusive representative of all of the employees in such unit
for the purposes of collective bargaining in respect to rates of
pay, wages, hours of employment and other conditions of
employment.
IV
It is further stipulated and agreed that a certification may be
made and entered by the Board based on ,the foregoing stipula-
tion and evidence already adduced at the hearing upon the
Amended Petition for Investigation and Certification, without
prejudicing the right of the National Labor Relations Board
to resume said hearing in the event that this stipulation is
not approved by the National Labor Relations Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Raleigh Hotel Company, a corporation organized under the
laws of the District of Columbia, is engaged in the operation of a hotel
located at 12th St. and Pennsylvania Ave., N. W., in Washington,
D. C. During the year 1937, the Company had approximately 60,000
persons as its paying guests. In January 1938, it employed ap-
proximately 342 full-time workers.
II. THE ORGANIZATION INVOLVED
Hotel and Restaurant Employees Alliance, Local No. 80, is a labor
organization affiliated with the American Federation of Labor,
admitting to membership all service employees of the Company
exclusive: of culinary workers, musicians, engineers, and supervisors.
III. THE QUESTION CONCERNING REPRESENTATION
On January 19 or 20, 1938,-representatives of the Union approached
the Company requesting recognition of the Union as the collective
bargaining representative of employees of the Company. The Union
claimed that a majority of such employees were members of the
Union, but the Company expressed doubt as to this fact .and up to
356 NATIONAL LABOR RELATIONS BOARD
the date of the hearing had not recognized the Union as the bargain-
ing representative of the employees.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce within the District of Colum-
bia and tends to lead to labor disputes burdening and obstructing
commerce and the free' flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulate, and we find, that all the 'service employees
of the Company, including doormen; bellmen, elevator operators
(front and back), lobby porters, housemen, wall washers, vacuum
men, cleaners, and maids, and excluding foremen and those em-
ployed in a supervisory capacity, telephone operators, porters, cleri-
cal workers, front office employees, timekeepers, engineers, firemen,
valets, linen room clerks, inspectresses, house officers, and night
watchmen, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The parties stipulate, and we find, that Hotel and Restaurant Em-
ployees Alliance, Local No. 80, has been 'selected for the purposes
of collective bargaining by a majority of the employees in the unit
described above and is, by virtue of Section 9 (a) of the Act, the
exclusive representative of all of the employees in such unit for
the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment and other conditions of employment,
and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS of LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Raleigh Hotel Company , Washing-
ton, D . C., within the meaning of Section 9 (c), and Section 2 (6)
and (7), of the Act.
DECISIONS AND ORDERS 357
2. The service employees of the Company including doormen, bell-
men, elevator operators (front and back), lobby porters, housemen,
wall washers, vacuum men, cleaners, and maids and excluding fore-
men and those employed in a supervisory capacity, telephone opera-
tors, porters, clerical workers, front office employees, timekeepers,
engineers, firemen, valets, linen room clerks, inspectresses, house of-
ficers, and night watchmen, constitute a unit appropriate for the
purpose of collective bargaining within the meaning of Section 9 (b)
of the Act.
3. Hotel and Restaurant Employees Alliance, Local No. 80, is the
exclusive representative of all the employees 'in such unit for the
purposes of collective bargaining, within the meaning of Section
9 (a) of the Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act , and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT is 10REBY CERTIFIED that Hotel and Restaurant Employees Alli-
ance, Local No. 80 , has been designated and selected by a majority
of all service employees of The Raleigh Hotel Company, Wash-
ington, D. C., including doormen, bellmen, elevator operators (front
and back ), lobby porters , housemen , wall washers , vacuum men,
cleaners, and maids, and excluding foremen and those employed in
a supervisory capacity , telephone operators , porters, clerical work-
ers, front office employees , timekeepers , engineers , firemen, valets,
linen room clerks, inspectresses , house officers , and night watchmen,
as their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, Hotel
and Restaurant Employees Alliance, Local No. 80, is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages , hours of employment,
and other conditions of employment.