Walt Disney World Dolphin Hotel

National Labor Relations Board - Board Decisions

Jun 27, 1994

314 N.L.R.B. 154 (N.L.R.B. 1994)

154
314 NLRB No. 33
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Dolphin Hotel Associates d/b/a Walt Disney World
Dolphin Hotel and Teamsters Local Union 385,
affiliated with the International Brotherhood of
Teamsters, AFL–CIO. Case 12–CA–16117
June 27, 1994
DECISION AND ORDER
BY CHAIRMAN GOULD AND MEMBERS STEPHENS
AND DEVANEY
On April 8, 1994, the General Counsel of the Na-
tional Labor Relations Board issued an amended com-
plaint and notice of hearing alleging that the Respond-
ent has violated Section 8(a)(5) and (1) of the National
Labor Relations Act by refusing the Union’s request to
bargain following the Union’s certification in Case 12–
RC–7644. (Official notice is taken of the ‘‘record’’ in
the representation proceeding as defined in the Board’s
Rules and Regulations, Secs. 102.68 and 102.69(g);
Frontier Hotel, 265 NLRB 343 (1982).) The Respond-
ent filed an answer admitting in part and denying in
part the allegations in the amended complaint, with an
affirmative defense.
On May 10, 1994, the General Counsel filed a Mo-
tion for Summary Judgment. On May 16, 1994, the
Board issued an order transferring the proceeding to
the Board and a Notice to Show Cause why the motion
should not be granted. The Respondent filed a re-
sponse.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
Ruling on Motion for Summary Judgment
In its answer the Respondent admits its refusal to
bargain but attacks the validity of the certification on
the basis of the Board’s unit determination in the rep-
resentation proceeding.
All representation issues raised by the Respondent
were or could have been litigated in the prior represen-
tation proceeding. The Respondent does not offer to
adduce at a hearing any newly discovered and pre-
viously unavailable evidence, nor does it allege any
special circumstances that would require the Board to
reexamine the decision made in the representation pro-
ceeding. We therefore find that the Respondent has not
raised any representation issue that is properly litigable
in this unfair labor practice proceeding. See Pittsburgh
Plate Glass Co. v. NLRB, 313 U.S. 146, 162 (1941).
Accordingly, we grant the Motion for Summary Judg-
ment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times the Respondent, a Florida gen-
eral partnership, with an office and place of business
in Lake Buena Vista, Florida, has been engaged in the
operation of a hotel and food service business.
During the 12-month period preceding issuance of
the complaint, the Respondent, in conducting its busi-
ness operations, derived gross revenues in excess of
$500,000 and purchased and received at its Lake
Buena Vista, Florida facility goods valued in excess of
$50,000 directly from points located outside the State
of Florida. We find that the Respondent is an employer
engaged in commerce within the meaning of Section
2(2), (6), and (7) of the Act and that the Union is a
labor organization within the meaning of Section 2(5)
of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held September 29, 1993, the
Union was certified on October 27, 1993, as the col-
lective-bargaining representative of the employees in
the following appropriate unit:
All full time and regular part time housekeeping
and laundry employees, including lost and found
employees, runners, room attendants, house at-
tendants, room attendants and housemen assigned
to the Towers, P.M. attendants, second shift house
attendants, turndown employees, public area at-
tendants, third shift attendants, laundry attendants,
washer sorters, valet attendants, spotter/cleaner/
QAC, valet/runners, night utility employees,
seamstresses, and costume attendants employed by
the Employer at its Lake Buena Vista, Florida fa-
cility; but excluding all other employees, office
clerical employees, guards and supervisors as de-
fined in the Act.
The Union continues to be the exclusive representative
under Section 9(a) of the Act.
B. Refusal to Bargain
Since October 27, 1993, the Union has requested the
Respondent to bargain and, since October 27, 1993,
the Respondent has refused. We find that this refusal
constitutes an unlawful refusal to bargain in violation
of Section 8(a)(5) and (1) of the Act.
CONCLUSION OF LAW
By refusing on and after October 27, 1993, to bar-
gain with the Union as the exclusive collective-bar-
155WALT DISNEY WORLD DOLPHIN HOTEL
1 We reject the Respondent’s contention that the Union’s action in
seeking bargaining 5 months after certification should be charged
against the Union and, in effect, leave the Union with only 7 months
of bargaining under this Order. Clearly, the Respondent would not
have honored an earlier request. Paramount Metal & Finishing Co.,
223 NLRB 1337, 1338 (1976).
2 If this Order is enforced by a judgment of a United States court
of appeals, the words in the notice reading ‘‘Posted by Order of the
National Labor Relations Board’’ shall read ‘‘Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order
of the National Labor Relations Board.’’
gaining representative of employees in the appropriate
unit, the Respondent has engaged in unfair labor prac-
tices affecting commerce within the meaning of Sec-
tion 8(a)(5) and (1) and Section 2(6) and (7) of the
Act.
REMEDY
Having found that the Respondent has violated Sec-
tion 8(a)(5) and (1) of the Act, we shall order it to
cease and desist, to bargain on request with the Union
and, if an understanding is reached, to embody the un-
derstanding in a signed agreement.
To ensure that the employees are accorded the serv-
ices of their selected bargaining agent for the period
provided by the law, we shall construe the initial pe-
riod of the certification as beginning the date the Re-
spondent begins to bargain in good faith with the
Union. Mar-Jac Poultry Co., 136 NLRB 785 (1962);
Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328
F.2d 600 (5th Cir. 1964), cert. denied 379 U.S. 817
(1964); Burnett Construction Co., 149 NLRB 1419,
1421 (1964), enfd. 350 F.2d 57 (10th Cir. 1965).
ORDER
The National Labor Relations Board orders that the
Respondent, Dolphin Hotel Associates d/b/a Walt Dis-
ney World Dolphin Hotel, Lake Buena Vista, Florida,
its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain with Teamsters Local Union
385, affiliated with the International Brotherhood of
Teamsters, AFL–CIO as the exclusive bargaining rep-
resentative of the employees in the bargaining unit.1
(b) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) On request, bargain with the Union as the exclu-
sive representative of the employees in the following
appropriate unit on terms and conditions of employ-
ment, and if an understanding is reached, embody the
understanding in a signed agreement:
All full time and regular part time housekeeping
and laundry employees, including lost and found
employees, runners, room attendants, house at-
tendants, room attendants and housemen assigned
to the Towers, P.M. attendants, second shift house
attendants, turndown employees, public area at-
tendants, third shift attendants, laundry attendants,
washer sorters, valet attendants, spotter/cleaner/
QAC, valet/runners, night utility employees,
seamstresses, and costume attendants employed by
the Employer at its Lake Buena Vista, Florida fa-
cility; but excluding all other employees, office
clerical employees, guards and supervisors as de-
fined in the Act.
(b) Post at its facility in Lake Buena Vista, Florida,
copies of the attached notice marked ‘‘Appendix.’’2
Copies of the notice, on forms provided by the Re-
gional Director for Region 12 after being signed by the
Respondent’s authorized representative, shall be posted
by the Respondent immediately upon receipt and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by
the Respondent to ensure that the notices are not al-
tered, defaced, or covered by any other material.
(c) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re-
spondent has taken to comply.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
WE WILL NOT refuse to bargain with Teamsters
Local Union 385, affiliated with the International
Brotherhood of Teamsters, AFL–CIO as the exclusive
representative of the employees in the bargaining unit.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL, on request, bargain with the Union and
put in writing and sign any agreement reached on
terms and conditions of employment for our employees
in the bargaining unit:
All full time and regular part time housekeeping
and laundry employees, including lost and found
employees, runners, room attendants, house at-
tendants, room attendants and housemen assigned
to the Towers, P.M. attendants, second shift house
attendants, turndown employees, public area at-
tendants, third shift attendants, laundry attendants,
washer sorters, valet attendants, spotter/cleaner/
QAC, valet/runners, night utility employees,
156 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
seamstresses, and costume attendants employed by
us at our Lake Buena Vista, Florida facility; but
excluding all other employees, office clerical em-
ployees, guards and supervisors as defined in the
Act.
DOLPHIN HOTEL ASSOCIATES D/B/A
WALT DISNEY WORLD DOLPHIN HOTEL