Thomas Jefferson Hotel

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.