Thomas Jefferson Hotel

National Labor Relations Board - Board Decisions

Apr 13, 1960

127 N.L.R.B. 202 (N.L.R.B. 1960)

202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
any other election of officers , agents or representatives of Local No. 1, in
which Respondents voted or may vote.
Clearly the Board is asked to interfere in the internal affairs of a labor organiza-
lion to the point of making it wholly impotent.
Final Conclusions
The Trial Examiner is convinced on the entire record and finds that the General
Counsel has not presented a cause of action upon which the Board can grant relief
and will therefore recommend that the consolidated complaint and each of the
nine separate alleged causes of action comprising the complaint as issued be dismissed.
CONCLUSIONS OF LAW
1. The operations of the Respondents occur in commerce, within the meaning
.of Section 2(6) and (7) of the Act.
2. Local 1, Bricklayers, Masons and Plasterers' International Union of America,
AFL--CIO, is a labor organization within the meaning of Section 2 (5) of the Act.
3. The Respondents have not engaged in unfair labor practices as alleged in the
complaint , within the meaning of Section 8(a)(1) and (2) and Section 2(6) and (7)
of the Act.
[Recommendations omitted from publication.]
National Hotel Company d/b/a Thomas Jefferson Hotel i and
Local 886, Hotel and Restaurant Employees and Bartenders
International Union , AFL-CIO,2 Petitioner . Case No. 10-RC-
4534. April 13, 1960
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, hearings were held before H. Carlton Byran, Jr., hear-
ing officer. The hearing officer's rulings made at the hearings are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Leedom and Members Bean and Fanning].
Upon the entire record in this case, the Board finds:
1. The parties stipulated that : The Employer is a Texas corpora-
tion engaged in operating a hotel at Birmingham, Alabama; during
the 12-month period preceding the date of the first hearing the Em-
ployer purchased $7,500 worth of alcoholic beverages from the State
of Alabama, which beverages originated outside that State; and dur-
ing that same period the Employer's gross revenues were in excess of
$500,000 of which more than 75 percent was derived from transient
guests. The Employer declined to stipulate that it was engaged in
commerce. On the basis of the above-stipulated facts, we find that
the Employer is engaged in commerce within the meaning of the Act,
The name of the Employer appears as corrected at the hearing.
2 The name of the Petitioner appears as amended at the hearing
127 NLRB No. 22.
THOMAS JEFFERSON HOTEL 203
and it will effectuate the policies of the Act to assert jurisdiction
herein.'
2. The labor organization involved herein claims to represent cer-
tain employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion 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 Petitioner seeks in substance a unit of all the operating em-
ployees at the Employer's hotel including drugstore employees, but
excluding the employees in the job classifications hereinafter dis-
cussed. The Employer contends that the unit should include all these
,classifications but should exclude the drugstore employees on the
ground that they are not employees of the Employer.
Secretary to the sales manager: This employee maintains the files,
types, and handles the correspondence for the sales manager. There
is no evidence that she assists or acts in a confidential capacity to
anyone who formulates, determines, and effectuates management
policies in the field of labor relations. Contrary to the Petitioner's
contention, we find that she is not a confidential employee and include
her in the unit.
Employees of the auditing department: The auditing department
consists of the general cashier who collects the receipts from the
cashiers throughout the hotel, makes bank deposits, provides change
for the cashiers, and makes minor disbursements; the auditor who
does posting and billing to the individual ledger accounts and pre-
pares payrolls for hotel personnel; and two clerks who assist the
auditor. We find that these employees are office clerical employees.
As the parties have not agreed to their exclusion, we shall include
them in the unit in accordance with Board policy 4
Front office personnel: In this group are the following : The night
auditor who serves as a room clerk and cashier during evening hours
and makes an analysis of the day's business; room clerks who assign
rooms to the guests and perform the other customary duties of their
position; and front office cashiers who do posting of guests' accounts,
collect bills, and cash checks. In accordance with Board policy we
shall include them in the unit .'j
PBX operators: These employees handle incoming and outgoing
telephone calls. We include them in the unit.'
Coffee shop cashiers : These employees collect money from guests
for purchases made at the coffee shop. We include them as operating
personnel.
8 Dinkier-St. Charles Hotel, Inc ., 124 NLRB 1302, footnote 2. Floridan Hotel of Tampa,
Inc., 124 NLRB 261.
* Arlington Hotel Company, Inc., 126 NLRB 400.
5 Arlington Hotel Company, Inc, supra.
Floridan Hotel, supra.
204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Part-time employees in the banquet department: There are about
20 employees who are called in for part-time work as waiters and
waitresses for such functions as banquets and luncheons. They are
employed on a rotating basis, are carried on the regular payroll, and
enjoy the same benefits as the regular employees. They average 20
to 30 hours' work per week and 20 days of employment per month.
We find that they are regular part-time employees, and include them
in the unit.?
Barbershop employees: These employees, three barbers and one
shoeshine boy, are on the regular payroll and enjoy the same benefits
and conditions of employment as the other employees, except that
they are paid on a commission basis. We shall include them in the
unit.
So-called timekeepers: These employees work at the back door of
the hotel observing all persons and guests entering and leaving. They
see to it that the employees punch the timeclock but keep no time
records. Their job includes the duty to see that unauthorized persons
do not enter and that articles of property are not brought in or re-
moved without authority. Thus their function, at least in part, is
to protect the Employer's property. As these so-called timekeepers
come within the Board's definition of guards, we exclude them from
the unit.8
Bartender: This individual works in the kitchen under the super-
vision of the chef, preparing drinks on orders relayed to him by the
waiters in the cocktail lounge. As he has no authority to hire or dis-
charge employees or effectively to recommend such action, and as he
does not responsibly direct the waiters, we find that he is not a super-
visor within the meaning of the Act, and include him in the unit.
Drugstore employees : The drugstore is operated by an independent
drug company which leases space from the Employer. As a matter
of convenience, the hotel handles the payroll of the drugstore em-
ployees and is in turn fully reimbursed for their wages. However,
the drug company maintains full control over the wages, hours, and
conditions of employment for these employees. We find that these
employees are not employees of the Employer and exclude them from
the unit.
We find that the following employees constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
All employees at the Employer's Thomas Jefferson Hotel, Birming-
ham, Alabama, including engineering department employees, mainte-
nance painters, laundry employees, kitchen employees, stewards de-
7 The Great Atlantic & Pacific Tea Company , 119 NLRB 603
8 Walterboro Manufacturing Corporation , 106 NLRB 1383 ; Sidney Bluementhal & Co.
( Caromount and Wilson Division ), 113 NLRB 791.
DOHftMANN COMMERCIAL COMPANY, ETC. 205
partment employees, inspectresses, maids, linenroom clerks, seam-
stress, hallboys and lobby porter in the housekeeping department,
bellmen, elevator operators, room clerks, the night auditor and the
cashiers in the front office, the secretary to the sales manager, the
general cashier, the auditor and the clerks in the auditing department,
the PBX operators, part-time waiters and waitresses in the banquet
department, waitresses, busboys, busgirls, and cashiers in the bar de-
partment, and the barbers and shoeshine boy in the barbershop, but
excluding soda dispensers in the drugstore, the confidential secretary
to the manager, the assistant manager, the superintendent of service,
chief engineer, the laundry clerk, the housekeeper, the chief steward,
the chef, the banquet captain, the hostess, so-called timekeeper, watch-
men, guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
Dohrmann Commercial Company 1 and Dohrmann Hotel Sup-
ply C0.2 and Freight Checkers, Clerical Employees and Help-
ers Union, Local 856, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers of America , Petitioner.
Case No. 20-RC-4039. April 13, 1960
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Paul A. Cassady, hearing
,officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board' finds :
1. The Companies took no position on jurisdiction. The record
shows that Commercial owns and operates a number of retail stores
in California and Arizona; its total annual sales exceed $500,000.
Hotel Supply, a wholly owned subsidiary of Commercial, wholesales
items to hotels, hospitals, and other institutions through 11 States;
its annual out-of-State sales exceed $50,000. The Board finds that the
Companies are engaged in commerce within the meaning of the Act
and that it will effectuate the policies of the Act to assert jurisdiction
herein.4
I Hereinafter called Commercial.
S Hereinafter called Hotel Supply . Hotel Supply ' s name appears as amended at the
bearing.
3Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its
powers in connection with this case to a three -member panel [-Chairman Leedom and
Members Bean and Fanning].
4 Carolina Supplies and Cement Co., 122 NLRB 88; Siemons Mailing Service, 122
NLRB 81.
1¢7 NLRB No. 27.