125 NLRB 562

The Bellingham Hotel Co.

Last amended: 1959Year: 1959Length: 787 wordsOfficial source
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Bellingham Hotel Company and International Union of Operating Engineers, Local 843, AFL-CIO, Petitioner. Case No. 19-RC-2337. December 3, 1959 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Rachel Storer, 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 Act, the Board has delegated its powers in connection with this case to a three-member panel [Members. Rodgers, Bean, and Fanning]. Upon the entire record, the Board finds : 1. The Employer operates a hotel in Bellingham, Washington, from. which it received gross revenues of $360,812 during its most recent, fiscal year. Although the hotel is separately incorporated, a control- ling interest is owned by the Doric Company. Doric also manages 10^ other hotels on the west coast, some of which it owns and operates directly, while others are owned wholly or in part by officers and stockholders of Doric. Doric's gross volume of business in its last fiscal year was in excess of 7 million dollars. Doric provides. Bellingham with accounting and auditing services, including payroll preparation; it operates a reservation system for its hotel chain in which Bellingham participates; and it handles Bellingham's adver- tising and permits it to use the Doric name. Doric has in the past assigned management personnel to Bellingham, and for all its services charges a management fee. Doric establishes the operating policies for the hotels it manages. We find that Bellingham is an integral part of the Doric hotel chain,. and that together they constitute a single employer for jurisdictional purposes.' As their combined gross revenue is in excess of the $500,000 standard established for the hotel industry, we find that the Employer is engaged in commerce within the meaning of the National Labor Relations Act, and that it will effectuate the policies of the Act to assert jurisdiction herein? 2. The labor organizations involved claim to represent employees of the Employer. 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9(c) (1) and Section 2(6) and (7) of the Act, for the following: reasons: 1 Combined Century Theatres, Inc., et at., 120 NLRB 1379,1380-1381. 2 Floridan Hotel of Tampa, Inc., 124 NLRB 201. 125 NLRB No. 64. PUERTO RICO STEAMSHIP ASSOCIATION, ETC. 563 The Petitioner seeks to sever a unit of engineers and firemen from a hotelwide unit which has been bargained for by the Intervenor, Culinary and Beverage Workers Union, Local 529, AFL-CIO, for the past 25 years. The Employer and the Intervenor oppose sever- ance on the ground inter alia, that the two employees who constitute the requested unit are general maintenance workers who do not pos- sess the training or skills of traditional powerhouse employees. They inspect and maintain the hotel's automatic heating plant, perform minor repairs on electrical equipment, elevators, furniture, and plumbing, do cleaning and janitorial work, operate the elevators, deliver linens and other supplies, and assist in setting up banquet facilities. In view of the variety of duties they perform, and the lack of any requirement of training or experience in operating boilers or powerplant equipment, we find that the requested unit does not con- stitute a powerhouse department, but is a general maintenance group which may not be severed from an existing unit.' [The Board dismissed the petition.] 3 Mountain States Telephone & Telegraph Company, 110 NLRB 1076. Seville-Sea Isle Hotel Corporation Operating the Seville Hotel, 125 NLRB 299; see also, Florida Enter. prises Inc., of Georgia, d/b/a Cadillac Hotel, 125 NLRB 258. Puerto Rico Steamship Association and its member companies, Bull Insular Line, Inc., Waterman Steamship Corporation of P.R., Alcoa Steamship Co., Inc., and Lykes Lines Agency, Inc. and Leopold Ramos Ducos, Miguel Angel Salas Negron, Juan A. Davila Pena, and Fernando Almeida Vidal and Union de Empleados de Muelles de Puerto Rico, Local 1901, IBL-AFL- CIO; Union de Empleados de Muelles de Ponce, Sub-Local 1901, IBL-AFL-CIO; Union de Empleados de Muelles de Mayaguez, Sub-Local 1901, IBL-AFL-CIO; and F. Benitez Rexach, Inc., Pier 3, Inc., Insular Dock Company, Pyramid Dock Co., Inc., and San Antonio Company, Parties to the Contract. Cases Nos. 24-CA-1017, 24-CA-1018, 24-CA-1019, and 24-CA-1024.. December 3, 1959 DECISION AND ORDER On May 1, 1959, Trial Examiner John C. Fischer issued his Inter- mediate Report in the above-entitled proceeding, finding that the Re- spondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Inter- 125 NLRB No. 70.
125 NLRB 562: The Bellingham Hotel Co. | Justis AI