Castaways Casino

282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Hughes Tool Company, d/b/a Castaways Casino and Local 711 Union of Gaming & Affiliated Casino Em- ployees of America, Petitioner. Case 31-RC-1732 January 31, 1972 DECISION AND DIRECTION OF ELECTION BY CHAIRMAN MILLER AND MEMBERS FANNING, JENKINS, AND KENNEDY Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Max Steinfeld. Follow- ing the hearing and pursuant to Section 102.67 of the Board's Rules and Regulations and Statements of Procedure, Series 8, as amended, the Regional Director for Region 31 transferred this case to the Board for decision. The Employer filed a brief in this proceeding and a motion to dismiss the petition. The Petitioner and the Intervenor filed oppositions thereto.' Upon the entire record in this case, including the brief, the National Labor Relations Board finds: 1. The parties stipulated, and we find, that the Em- ployer's annual gross revenues exceed $500,000, and purchases of products which originate outside the State of Nevada exceed $50,000 annually. We find that the Employer is engaged in commerce within the meaning of the Act and that it will effectuate the purposes of the Act to assert jurisdiction herein.2 2. For the reasons delineated by us in the Landmark Hotel case,' we conclude here, as we did there, that the Petitioner is a labor organization within the meaning of Section 2(5) of the Act.' The record reveals, and we find, that the Intervenor has represented the parties in collective-bargaining contracts in the area for many years and is in all re- spects a duly constituted labor organization. 3. A question affecting commerce exists concerning representation of certain employees of the Employer within the meaning of Sections 9(c)(1) and 2(6) and (7) of the Act. By letter to the Board dated December 8, 1971, the Employer filed a motion to dismiss the above-entitled representation petition based upon its contention that it has discontinued the gaming operations at Castaways out of which the question concerning representation arose. The Petitioner and the Intervenor opposed the Employer's motion on the basis that their infor- mation indicated that the discontinuance of the gaming operations at Casta- ways was due to remodeling and was temporary in nature The Employer's motion is hereby denied . We shall direct the Regional Director to proceed with the election directed below in the unit hereinafter found appropriate, on a date to be determined by him , unless, before the actual conduct of the election, it is established to his satisfaction that Castaways has permanently ceased its casino operations , in which event he shall dismiss the petition. See Fashion Mills, Inc., et al., 127 NLRB 731. El Dorado Inc., d/b/a El Dorado Club, 151 NLRB 579. 194 NLRB No 139 During the course of the hearing, the International Union of Operating Engineers, Local 501, AFL-CIO (hereinafter Intervenor), moved to inter- vene and the motion was granted based on a showing of interest 4. The Employer is engaged in the operation of a hotel and casino in Las Vegas, Nevada. The parties agreed, and we find, that the appropriate unit should be described as follows: All gaming casino dealers and shills employed by the Employer, excluding casino shift managers and assistant shift managers , pit bosses, pit floormen, boxmen, booth cashiers, change girls, casino cage cashiers, office clerical employees, guards, all other employees and supervisors. There remains in is- sue, however, the placement of the classification of em- ployees known as slot shift supervisors and the classifi- cation known as coin wrapper. With respect to these employees, the Employer and the Petitioner would ex- clude slot shift supervisors as supervisors under the Act, and the coin wrapper as having no community of interest with employees included in the unit. The Inter- venor desired the Regional Director to make a deter- mination on the basis of the record. We find merit in the Employer's and Petitioner's contention with re- spect to these employees. The record reveals that Castaways is a small casino. The slot machine operation is a separate department under the slot manager, who is a supervisor within the meaning of the Act and does the major maintenance work in the department. Below the slot manager are four slot shift supervisors, who are salaried. There are no slot floormen at Castaways. The slot shift super- visors are in charge of the floor and are responsible for overseeing its operation, including customer relations. There is a slot shift supervisor for each shift and one on relief. The slot shift supervisor has the authority of the slot manager in the slot manager's absence, which is frequent as to any given shift. The slot shift super- visor interviews employees, hires employees, evaluates new employees, gives verbal and written reprimands, has the power to discharge employees by way of recom- mendation to the slot manager, instructs employees (booth cashiers and change girls) as to their duties, schedules employees on overtime, discusses and dis- poses of problems with the union agents, adjusts em- ployee complaints, and exercises general supervision over employees on the floor. We agree with the Em- ployer's and Petitioner's contention that the slot shift supervisor is a supervisor within the meaning of the Act, and we shall exclude the slot shift supervisors from the unit. With respect to the coin wrapper, the record reveals that he is a part-time employee working from 20 to 34 hours a week depending on need; he works alone in an enclosed room, which is a vault in the casino area; he has no contact with any other employee and is super- vised directly by the slot manager; he operates a coin wrapper machine that wraps coins into certain size rolls, and he puts the wrapped coins into cans for stor- age purposes; and he repairs the machine when neces- sary in the slot shop, where the only other person per- 195 NLRB No. 46 HUGHES TOOL COMPANY mitted is the slot manager. We agree with the Em- ployer's and Petitioner's contention that the coin wrap- per should be excluded from the unit as he does not have a sufficient community of interest with the gaming casino dealers and shills, We shall, therefore, exclude the coin wrapper from the unit. Accordingly, we find the following employees consti- tute an appropriate unit for purposes of collective bar- gaining within the meaning of Section 9(b) of the Act: All gaming casino dealers and shills employed by the Employer at its location at 3320 Las Vegas Boulevard, South, Las Vegas, Nevada, excluding casino shift managers and assistant shift manag- ers, pit bosses, pit floormen, boxmen, slot shift supervisors, booth cashiers, change girls, casino cage cashiers, coin wrapper, office clerical em- 283 ployees, all other employees and guards and other supervisors as defined in the Act. [Direction of Election' omitted from publication.] ' In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their ad- dresses which may be used to communicate with them Excelsior Underwear Inc., 156 NLRB 1236, NLR.B v Wyman-Gordon Co., 394 US 759 Accordingly, it is hereby directed that an election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 31 within 7 days of the date of issuance of the Notice of Election. The Regional Director shall make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed