Restaurant & Tavern Owners Association of Salem

RESTAURANT & TAVERN OWNERS ASSOCIATION OF SALEM 671 Restaurant & Tavern Owners Association of Salem , Petitioner and Culinary Alliance & Bartenders Union , Local No. 452, Hotel & Restaurant Employees and Bartenders International Union, AFL-CIO. Case No. 36-RM-f15. February 16, 1960 DECISION AND ORDER Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, a hearing was held before Robert J. Wiener, 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 National Labor Relations Act, the Board has delegated its powers herein to a three-member panel [Chairman Leedom and Members Bean and Fanning]. Upon the entire record in this case, the Board finds : 1. The Petitioner, hereinafter sometimes called the Association, is an association which currently includes over 24 employer-members, and 26 establishments, comprising hotels, taverns, and restaurants, in the Salem, Oregon, area. Since 1956, some of its members, compris- ing at least 11 in number, have participated in multiemployer bar- gaining. During 1958 these members had gross revenues in excess of $1,400,000, of which over $50,000 represented out-of-State bookings of conventions by the two hotel members; indirect purchases of goods from outside Oregon during this period were in excess of $400,000. Accordingly, we find that the Petitioner is engaged in commerce within the meaning of the Act and that it would effectuate the pur- poses of the Act to assert jurisdiction.' 2. The Union is a labor organization within the meaning of the Act. 3. The Association seeks an election among the employees employed in 26 establishments operated by its 24 employer-members .2 It as- serts that the Union claims to represent the employees in such a unit, and that such a unit is appropriate. The Union, on the other hand, although asserting that it represents the employees of some of the employer-members of the Association, denies that it claims or has claimed to represent the employees in the unit described in the peti- tion and further denies that such a unit is appropriate. The Union does not seek an election in any unit, and the Association has, in i See Carolina Supplies and Cement Co., 122 NLRB 88, and Siemons Mailing Service, 122 NLRB ,81. 2 These include Chuck's Steak House, Cline 's Food Shop, Marshall's Inn, Minute Cafe, the Pioneer Club, Rialto Coffee Shop , Salem Malt Shop , Brite Spot Cafe, Marion Motor Hotel, Senator Hotel, China City Cafe, The Meadows Cafe, The Pike Cupboard Cafe, Edd'ie's Supper Club, Ott's Drive In, Pan Cake House , Randall's Chuck Wagon, Shattuc's Chateau, the Smoke Shop, and The Ranch. Monk's Cafe, Cross Coffee Shop, and Lone Oak Tavern were added by amendment at the bearing. The Pike has three establishments, which the Petitioner seeks to include. 126 NLRB No. 83. 672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD effect disclaimed any desire for an election in any unit other than that petitioned for. The record establishes that, in 1956, the Association and the Union executed a contract covering a multiemployer unit encompassing some, but not all, of the employer-members designated in the instant petition.3 In addition, the Union, in 1956 and 1957, signed individual contracts with certain other of such employer-members.4 The Union has not, however, at any time been the bargaining representative of the employees of at least seven of the employer-members designated in the petition,' and the record fails to establish that the Union has at any time claimed to represent such employee's. It appears, rather, that during the 1959 negotiations for a new contract, the Union ob- jected to the inclusion in the multiemployer unit of the employees of any employers not previously the subject of a contract with the Union; there is, moreover, no evidence that the Union has taken any action inconsistent with its disclaimer at the hearing, noted above, with respect to the unit described in the petition. In view of the foregoing and upon the entire record, we find that the Union does not claim to represent the employees in the unit de- scribed in the petition, and that the petition, therefore, does not raise a question concerning representation, within the meaning of Section 9(c) (1) and Section 2(6) and (7) of the Act.' Accordingly, as no party seeks an election in any other unit, we shall dismiss the petition.7 [The Board dismissed the petition.] a Chuck's Steak House , Cline's Food Shop, Marshall's Inn, the Pioneer Club ( then called Pioneer Tavern ), Rialto Coffee Shop, Salem Malt Shop, Brite Spot Cafe ( then called Brite Spot ), Marion Motor Hotel (then called Marion Hotel ), Senator Hotel, and Cross Coffee Shop ( then called Cross Coffee Cup). 'China City Cafe , Randall 's Chuck wagon , one of The Pike establishments at 138 S. Liberty St., Salem, Oregon , and The Meadows 5 These 'include the Cupboard Cafe, Ott's Drive In, the Pan Cake House, Shattuc's Chateau, The Ranch, Monk's Cafe, and Lone Oak Tavern The Union has also never been the bargaining representative for two of the three Pike establishments. G Wm. W Wolf Bakery, Inc. 97 NLRB 122; Maclobe Lumber Company of Glen Cove, et at, 120 NLRB 320 7 We find it unnecessary , therefore , to consider the contentions of the parties with respect to which of the employer-members with which the Union has had bargaining relationships are appropriately a part of the multiemployer unit. Milk Co-Op of Cal., Inc. and Retail Clerks Union, Local 755, RCIA, AFL-CIO. Case No. A 0-4. February 17, 1960 ADVISORY OPINION A petition has been filed by Retail Clerks Union, Local 755, RCIA, AFL-CIO, herein called Local 755, praying for an advisory opinion 126 NLRB No. 84.