Bally's Park Place, Inc.

BALLY'S PARK PLACE, INC. 829 Bally's Park Place, Inc. and United Food and Cor- The Employer opened its hotel-casino in Decem- mercial Workers Union, Local 1358, Chartered ber 1979. It employs approximately 800 dealers and by United Food and Commercial Workers 77 slot attendants and mechanics. The casino ac- Union, AFL-CIO, Petitioner. Case 4-RC- counting department employs approximately 331 14513 employees, of whom 40 are "soft count" and 25 are December 28, 1981 "hard count." Other classifications in this depart- ment include slot booth cashiers, runway cashiers, DECISION AND ORDER change persons, pit clerks, and income control clerks. Within the casino accounting department is BY MEMBERS FANNING, JENKINS, AND an area designated as the "cage." Individuals who ZIMMERMAN work in the cage are classified as casino cage cash- Upon a petition duly filed under Section 9(c) of iers, slot cage cashiers, CRT (cathode ray terminal) the National Labor Relations Act, as amended, a operators, credit and collection clerks, and the hearing was held on various dates from January 16 hard and soft count employees here sought. The to January 29, 1981, before Hearing Officer Bruce casino accounting department handles and accounts D. Bagley. Following the hearing and pursuant to for all coins and currency passing through the Section 102.67 of the National Labor Relations casino, whether through the numerous table games Board Rules and Regulations and Statements of or the slot machines. Procedure, Series 8, as amended, and by direction The hard count operation includes members, of the Regional Director for Region 4, this case count leads, count mechanics, and count account- was transferred to the National Labor Relations ants The hard count team is responsible for col- Board for decision. Thereafter, the Employer and lecting the coins deposited each day in the casino's the Petitioner filed briefs. 1,600 slot machines. They are required by law to Pursuant to the provisions of Section 3(b) of the wear Jump suits with no pockets, and they work a National Labor Relations Act, as amended, the Na- single sh lft each day, commencing at 6 a.m., and tional Labor Relations Board has delegated its au- continuing until the coins are counted, which may thority in this proceeding to a three-member panel. be as early as 10 a.m or as lateas 4:30 p. Their er's average workweek is 30 to 35 hours. Each is re- The Board has reviewed the Hearing Officer's r h quired to be licensed by the New Jersey Casino rulings made at the hearing and finds no prejudicial ommission. Their work begins on the casino floor error was committed. The rulings are hereby af- Commission. Their work begins on the casino floor error was committed. The rulings are hereby af- by emptying the coin buckets from the slot ma- firmed. chines. The coin-laden buckets then move up a Upon the entire record in this case, including the ramp, by tow motors, to the hard count room. briefs of th ateramp, by tow motors, to the hard count room. briefs of the parties, the Board finds: There the coins are counted and wrapped, behind 1. The Employer is engaged in commerce within locked doors as prescribed by state law, in the the meaning of the Act, and it will effectuate the presence of an inspector from the Control Commis- policies of the Act to assert jurisdiction herein. sion. At the end of the count, before the hard 2. The labor organization involved claims to rep- count team leaves, a slot cage cashier comes to resent certain employees of the Employer. verify the total figures and to "buy off" the coins. 3. No question affecting commerce exists con- Thereafter the coins are the responsibility of the cerning the representation of employees of the Em- slot cage until again distributed to the various slot ployer within the meaning of Sections 9(c)(l) and booths and slot cashiers throughout the casino. 2(6) and (7) of the Act, for the following reasons: The hard count mechanics are literally mechan- Bally's Park Place, Inc., is a New Jersey corpo- ics. While the count is underway, they service the ration engaged in operating a hotel and casino in machines-the coin counters and the coin-wrapping Atlantic City, New Jersey. machinery in hard count. They also service the The Petitioner seeks to represent separate units coin-counting machines in soft count, and the bill- of count room employees, one for "hard count" counting machines used in the casino cage and the and one for "soft count," or, though not its pri- soft count room. mary choice, a single unit of hard and soft count The soft count operation occurs twice a day, at 9 team employees. The Employer contends that the a.m. and at 9 p.m., to count and total the currency only appropriate unit would consist of its casino from the game tables. Soft count employees are re- accounting department. It urges the units sought by quired by law to wear smocks. In the presence of a the Petitioner as patently inappropriate and requir- casino cage cashier, the currency is sorted by de- ing dismissal of the petition. There is no history of nomination, properly stacked with pictures facing bargaining for these employees. the same direction, and totaled. 259 NLRB No. 107 BALLY'S PARK PLACE, INC. 829 Bally's Park Place, Inc. and United Food and Com- The Employer opened its hotel-casino in Decem- mercial Workers Union, Local 1358, Chartered ber 1979. It employs approximately 800 dealers and by United Food and Commercial Workers 77 slot attendants and mechanics. The casino ac- Union, AFL-CIO, Petitioner. Case 4-RC- counting department employs approximately 331 14513 employees, of whom 40 are "soft count" and 25 are December 28, 1981 "hard count." Other classifications in this depart- ment include slot booth cashiers, runway cashiers, DECISION AND ORDER change persons, pit clerks, and income control clerks. Within the casino accounting department is BY MEMBERS FANNING, JENKINS, AND an area designated as the "cage." Individuals who ZIMMERMAN work in the cage are classified as casino cage cash- Upon a petition duly filed under Section 9(c) of i e rs, sl o t cage cashiers, CRT (cathode ray terminal) the National Labor Relations Act, as amended, a operators, credit and collection clerks, and the hearing was held on various dates from January 16 h ar d a n d so f t count employees here sought. The to January 29, 1981, before Hearing Officer Bruce casino accounting department handles and accounts D. Bagley. Following the hearing and pursuant to f o r all c oin s a n d currency passing through the Section 102.67 of the National Labor Relations c a sino, whether through the numerous table games Board Rules and Regulations and Statements of o r t h e slo t machines. Procedure, Series 8, as amended, and by direction T h e h a rd co u n t operation includes members, of the Regional Director for Region 4, this case count leads, count mechanics, and count account- was transferred to the National Labor Relations ants. The hard count team is responsible for col- Board for decision. Thereafter, the Employer and lecting the coins deposited each day in the casino's the Petitioner filed briefs. 1,6 0 0 slo t machines. They are required by law to Pursuant to the provisions of Section 3(b) of the w e a r jump suit s with n o Pockets, and they work a National Labor Relations Act, as amended, the Na- single sh if t each day, commencing at 6 a.m., and tional Labor Relations Board has delegated its au- continuing until the coins are counted, which may thority in this proceeding to a three-member panel. b e a s e ar as 10 a. m ., o r as l at e a s 4 p-m. T h eir _-, , * *j~i~ir * r~or ,average workweek is 30 to 35 hours. Each is re- The Board has reviewed the Hearing Officer's a w is 3 t 35 Jers. Easino rulings made at the hearing and finds no prejudicial commission. Their work begins on the casino floor error was committed. The rulings are hereby af- by emptying the coin buckets from the slot ma- Upon the entire record in this cas , includig t chines. The coin-laden buckets then move up a Upon the entire record in this case, including the ramp, by tow motors, to the hard count room. briefs of the parties, the Board finds: There the coins are counted and wrapped, behind 1. The Employer is engaged in commerce within locked doors as prescribed by state law, in the the meaning of the Act, and it will effectuate the presence of an inspector from the Control Commis- policies of the Act to assert jurisdiction herein. sion. At the end of the count, before the hard 2. The labor organization involved claims to rep- count team leaves, a slot cage cashier comes to resent certain employees of the Employer. verify the total figures and to "buy off" the coins. 3. No question affecting commerce exists con- Thereafter the coins are the responsibility of the cerning the representation of employees of the Em- slot cage until again distributed to the various slot ployer within the meaning of Sections 9(c)(l) and booths and slot cashiers throughout the casino. 2(6) and (7) of the Act, for the following reasons: The hard count mechanics are literally mechan- Bally's Park Place, Inc., is a New Jersey corpo- ics. While the count is underway, they service the ration engaged in operating a hotel and casino in machines-the coin counters and the coin-wrapping Atlantic City, New Jersey. machinery in hard count. They also service the The Petitioner seeks to represent separate units coin-counting machines in soft count, and the bill- of count room employees, one for "hard count" counting machines used in the casino cage and the and one for "soft count," or, though not its pri- soft count room. mary choice, a single unit of hard and soft count The soft count operation occurs twice a day, at 9 team employees. The Employer contends that the a.m. and at 9 p.m., to count and total the currency only appropriate unit would consist of its casino from the game tables. Soft count employees are re- accounting department. It urges the units sought by quired by law to wear smocks. In the presence of a the Petitioner as patently inappropriate and requir- casino cage cashier, the currency is sorted by de- ing dismissal of the petition. There is no history of nomination, properly stacked with pictures facing bargaining for these employees. the same direction, and totaled. 259 NLRB No. 107 BALLY'S PARK PLACE, INC. 829 Bally's Park Place, Inc. and United Food and Com- The Employer opened its hotel-casino in Decem- mercial Workers Union, Local 1358, Chartered ber 1979. It employs approximately 800 dealers and by United Food and Commercial Workers 77 slot attendants and mechanics. The casino ac- Union, AFL-CIO, Petitioner. Case 4-RC- counting department employs approximately 331 14513 employees, of whom 40 are "soft count" and 25 are December 28, 1981 "hard count." Other classifications in this depart- ment include slot booth cashiers, runway cashiers, DECISION AND ORDER change persons, pit clerks, and income control clerks. Within the casino accounting department is BY MEMBERS FANNING, JENKINS, AND an area designated as the "cage." Individuals who ZIMMERMAN work in the cage are classified as casino cage cash- Upon a petition duly filed under Section 9(c) of i e rs, slot cage cashiers, CRT (cathode ray terminal) the National Labor Relations Act, as amended, a operators, credit and collection clerks, and the hearing was held on various dates from January 16 h ar d a n d so f t count employees here sought. The to January 29, 1981, before Hearing Officer Bruce casino accounting department handles and accounts D. Bagley. Following the hearing and pursuant to f o r all c oin s a n d currency passing through the Section 102.67 of the National Labor Relations c a sino, whether through the numerous table games Board Rules and Regulations and Statements of o r t h e slo t machines. Procedure, Series 8, as amended, and by direction T h e h a r d co u n t operation includes members, of the Regional Director for Region 4, this case count leads, count mechanics, and count account- was transferred to the National Labor Relations ants. The hard count team is responsible for col- Board for decision. Thereafter, the Employer and lecting the coins deposited each day in the casino's the Petitioner filed briefs. 1,6 0 0 slo t machines. They are required by law to Pursuant to the provisions of Section 3(b) of the w e a r jump suit s with n o Pockets, and they work a National Labor Relations Act, as amended, the Na- single sh if t each day, commencing at 6 a.m., and tional Labor Relations Board has delegated its au- continuing until the coins are counted, which may thority in this proceeding to a three-member panel. b e a s e ar as 10 a. m ., o r as l at e a s 4 p-m. T h eir _-, , * *j~i~ir * r~or ,average workweek is 30 to 35 hours. Each is re- The Board has reviewed the Hearing Officer's a w is 3 t 35 Jers. Easino rulings made at the hearing and finds no prejudicial commission. Their work begins on the casino floor error was committed. The rulings are hereby af- by emptying the coin buckets from the slot ma- Upon the entire record in this cas , includig t chines. The coin-laden buckets then move up a Upon the entire record in this case, including the ramp, by tow motors, to the hard count room. briefs of the parties, the Board finds: There the coins are counted and wrapped, behind 1. The Employer is engaged in commerce within locked doors as prescribed by state law, in the the meaning of the Act, and it will effectuate the presence of an inspector from the Control Commis- policies of the Act to assert jurisdiction herein. sion. At the end of the count, before the hard 2. The labor organization involved claims to rep- count team leaves, a slot cage cashier comes to resent certain employees of the Employer. verify the total figures and to "buy off" the coins. 3. No question affecting commerce exists con- Thereafter the coins are the responsibility of the cerning the representation of employees of the Em- slot cage until again distributed to the various slot ployer within the meaning of Sections 9(c)(l) and booths and slot cashiers throughout the casino. 2(6) and (7) of the Act, for the following reasons: The hard count mechanics are literally mechan- Bally's Park Place, Inc., is a New Jersey corpo- ics. While the count is underway, they service the ration engaged in operating a hotel and casino in machines-the coin counters and the coin-wrapping Atlantic City, New Jersey. machinery in hard count. They also service the The Petitioner seeks to represent separate units coin-counting machines in soft count, and the bill- of count room employees, one for "hard count" counting machines used in the casino cage and the and one for "soft count," or, though not its pri- soft count room. mary choice, a single unit of hard and soft count The soft count operation occurs twice a day, at 9 team employees. The Employer contends that the a.m. and at 9 p.m., to count and total the currency only appropriate unit would consist of its casino from the game tables. Soft count employees are re- accounting department. It urges the units sought by quired by law to wear smocks. In the presence of a the Petitioner as patently inappropriate and requir- casino cage cashier, the currency is sorted by de- ing dismissal of the petition. There is no history of nomination, properly stacked with pictures facing bargaining for these employees. the same direction, and totaled. 259 NLRB No. 107 BALLY'S PARK PLACE, INC. 829 Bally's Park Place, Inc. and United Food and Com- The Employer opened its hotel-casino in Decem- mercial Workers Union, Local 1358, Chartered ber 1979. It employs approximately 800 dealers and by United Food and Commercial Workers 77 slot attendants and mechanics. The casino ac- Union, AFL-CIO, Petitioner. Case 4-RC- counting department employs approximately 331 14513 employees, of whom 40 are "soft count" and 25 are December 28, 1981 "hard count." Other classifications in this depart- ment include slot booth cashiers, runway cashiers, DECISION AND ORDER change persons, pit clerks, and income control clerks. Within the casino accounting department is BY MEMBERS FANNING, JENKINS, AND an area designated as the "cage." Individuals who ZIMMERMAN work in the cage are classified as casino cage cash- Upon a petition duly filed under Section 9(c) of i e rs, slot cage cashiers, CRT (cathode ray terminal) the National Labor Relations Act, as amended, a operators, credit and collection clerks, and the hearing was held on various dates from January 16 h ar d a n d so f t count employees here sought. The to January 29, 1981, before Hearing Officer Bruce casino accounting department handles and accounts D. Bagley. Following the hearing and pursuant to f o r all c oin s a n d currency passing through the Section 102.67 of the National Labor Relations c a sino, whether through the numerous table games Board Rules and Regulations and Statements of o r t h e slo t machines. Procedure, Series 8, as amended, and by direction T h e h a rd count operation includes members, of the Regional Director for Region 4, this case count leads, count mechanics, and count account- was transferred to the National Labor Relations ants. The hard count team is responsible for col- Board for decision. Thereafter, the Employer and lecting the coins deposited each day in the casino's the Petitioner filed briefs. 1,6 0 0 slo t machines. They are required by law to Pursuant to the provisions of Section 3(b) of the w e a r jump suit s with n o Pockets, and they work a National Labor Relations Act, as amended, the Na- single sh if t each day, commencing at 6 a.m., and tional Labor Relations Board has delegated its au- continuing until the coins are counted, which may thority in this proceeding to a three-member panel. b e a s e ar as 10 a. m ., o r as l at e a s 4 p-m. T h eir _-, , * *j~i~ir * r~or ,average workweek is 30 to 35 hours. Each is re- The Board has reviewed the Hearing Officer's a w is 3 t 35 Jers. Easino rulings made at the hearing and finds no prejudicial commission. Their work begins on the casino floor error was committed. The rulings are hereby af- by emptying the coin buckets from the slot ma- Upon the entire record in this cas , includig t chines. The coin-laden buckets then move up a Upon the entire record in this case, including the ramp, by tow motors, to the hard count room. briefs of the parties, the Board finds:~There the coins are counted and wrapped, behind 1. The Employer is engaged in commerce within locked doors as prescribed by state law, in the the meaning of the Act, and it will effectuate the presence of an inspector from the Control Commis- policies of the Act to assert jurisdiction herein. sion. At the end of the count, before the hard 2. The labor organization involved claims to rep- count team leaves, a slot cage cashier comes to resent certain employees of the Employer. verify the total figures and to "buy off" the coins. 3. No question affecting commerce exists con- Thereafter the coins are the responsibility of the cerning the representation of employees of the Em- slot cage until again distributed to the various slot ployer within the meaning of Sections 9(c)(l) and booths and slot cashiers throughout the casino. 2(6) and (7) of the Act, for the following reasons: The hard count mechanics are literally mechan- Bally's Park Place, Inc., is a New Jersey corpo- ics. While the count is underway, they service the ration engaged in operating a hotel and casino in machines-the coin counters and the coin-wrapping Atlantic City, New Jersey. machinery in hard count. They also service the The Petitioner seeks to represent separate units coin-counting machines in soft count, and the bill- of count room employees, one for "hard count" counting machines used in the casino cage and the and one for "soft count," or, though not its pri- soft count room. mary choice, a single unit of hard and soft count The soft count operation occurs twice a day, at 9 team employees. The Employer contends that the a.m. and at 9 p.m., to count and total the currency only appropriate unit would consist of its casino from the game tables. Soft count employees are re- accounting department. It urges the units sought by quired by law to wear smocks. In the presence of a the Petitioner as patently inappropriate and requir- casino cage cashier, the currency is sorted by de- ing dismissal of the petition. There is no history of nomination, properly stacked with pictures facing bargaining for these employees. the same direction, and totaled. 259 NLRB No. 107 830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD To work on the hard and the soft count teams re- of these hard and soft count employees require no quires no special training or education, and state li- specific skill. No formal training is provided and censing of casino employees is not limited to these the work is clearly routine and repetitive. That two teams. All casino accounting department em- these employees work on shifts that vary from ployees have a common payday, as well as the those of other casino accounting department em- same holidays, vacations, work rules, seniority ployees furnishes no basis for separate representa- system, and life and health insurance benefits. All tion, nor does the fact that they are isolated for se- are hourly paid and entitled to use the cafeteria curity reasons from most other employees in their without cost. Each team has a supervisor who may department while carrying out their daily counting recommend, but not give, wage increases, nor hire, of colns and currency. When not working they are discharge, or discipline without prior approval. free to contact other employees on the premises, Controller Manupelli is in direct charge of the with whom they share the same employee benefits. Controller Manupelli is in direct charge of the Accordingly, we find that separate units of hard casino accounting department, with the casino cage cont and of soft cnt emp ees ae nits of ar count and of soft count employees are not appro- manager and the casino controller reporting to priate, nor is a combined unit of the two teams ap- him. They in turn are superior to the team supervi- propiate, for purposes of collective bargaining sors. within the meaning of Section 9(b) of the Act. On the foregoing facts and the entire record Accordingly, we shall dismiss the petition. here, we find no basis on which to conclude that the two units sought by the Petitioner, either sepa- ORDER rately or combined, constitute a unit appropriate It is hereby ordered that the petition filed herein for purposes of collective bargaining.' The duties be, and it hereby is, dismissed. ' See Horseshoe Club Operating Co. d/b/a Horseshoe Hotel and Fremont change girls and booth cashiers inappropriate, partly because their duties Hotel, Inc., 172 NLRB 1703, 1704 (1968), where the Board found units of were unskilled and they required little or no training. 830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD To work on the hard and the soft count teams re- of these hard and soft count employees require no quires no special training or education, and state li- specific skill. No formal training is provided and censing of casino employees is not limited to these the work is clearly routine and repetitive. That two teams. All casino accounting department em- these employees work on shifts that vary from ployees have a common payday, as well as the those of other casino accounting department em- same holidays, vacations, work rules, seniority ployees furnishes no basis for separate representa- system, and life and health insurance benefits. All tio n , nor does the fact that they are isolated for se- are hourly paid and entitled to use the cafeteria curity reasons fro m most other employees in their without cost. Each team has a supervisor who may department while carrying out their daily counting recommend, but not give, wage increases, nor hire, o f c o in s a n d currency. When not working they are discharge, or discipline without prior approval. free to contact other employees on the premises, Controller Manupelli is in direct charge of the with w h o m they shar e t he sam e employee ben efi t s. casino accounting department, with the casino cage Acdgly, w f ind hat separate units of hard manager and the casino controller rep g t count and of soft count employees are not appro- manager and the casino controller reporting to priate, nor is a combined unit of the two teams ap- him. They in turn are superior to the team supervi- propriate, for purposes of collective bargaining so r s. within the meaning of Section 9(b) of the Act. On the foregoing facts and the entire record Accordingly, we shall dismiss the petition. here, we find no basis on which to conclude that the two units sought by the Petitioner, either sepa- ORDER rately or combined, constitute a unit appropriate It is hereby ordered that the petition filed herein for purposes of collective bargaining.' The duties be, and it hereby is, dismissed. I See Horseshoe Club Operating Co. d/b/a Horseshoe Hotel and Fremont change girls and booth cashiers inappropriate, partly because their duties Hotel, Inc., 172 NLRB 1703, 1704 (1968), where the Board found units of were unskilled and they required little or no training. 830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD To work on the hard and the soft count teams re- of these hard and soft count employees require no quires no special training or education, and state li- specific skill. No formal training is provided and censing of casino employees is not limited to these the work is clearly routine and repetitive. That two teams. All casino accounting department em- these employees work on shifts that vary from ployees have a common payday, as well as the those of other casino accounting department em- same holidays, vacations, work rules, seniority ployees furnishes no basis for separate representa- system, and life and health insurance benefits. All tio n , nor does the fact that they are isolated for se- are hourly paid and entitled to use the cafeteria curity reasons from most other employees in their without cost. Each team has a supervisor who may department while carrying out their daily counting recommend, but not give, wage increases, nor hire, o f c o in s a n d currency. When not working they are discharge, or discipline without prior approval. free to contact other employees on the premises, Controller Manupelli is in direct charge of the with w h o m they shar e t he sam e employee ben efi t s. casino accounting department, with the casino cage Acdgly, w f ind hat separate units of hard manager and the casino controller rep g t count and of soft count employees are not appro- manager and the casino controller reporting to priate, nor is a combined unit of the two teams ap- him. They in turn are superior to the team supervi- propriate, for purposes of collective bargaining so r s. within the meaning of Section 9(b) of the Act. On the foregoing facts and the entire record Accordingly, we shall dismiss the petition. here, we find no basis on which to conclude that the two units sought by the Petitioner, either sepa- ORDER rately or combined, constitute a unit appropriate It is hereby ordered that the petition filed herein for purposes of collective bargaining.' The duties be, and it hereby is, dismissed. I See Horseshoe Club Operating Co. d/b/a Horseshoe Hotel and Fremont change girls and booth cashiers inappropriate, partly because their duties Hotel, Inc., 172 NLRB 1703, 1704 (1968), where the Board found units of were unskilled and they required little or no training. 830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD To work on the hard and the soft count teams re- of these hard and soft count employees require no quires no special training or education, and state li- specific skill. No formal training is provided and censing of casino employees is not limited to these the work is clearly routine and repetitive. That two teams. All casino accounting department em- these employees work on shifts that vary from ployees have a common payday, as well as the those of other casino accounting department em- same holidays, vacations, work rules, seniority ployees furnishes no basis for separate representa- system, and life and health insurance benefits. All tio n , nor does the fact that they are isolated for se- are hourly paid and entitled to use the cafeteria curity reasons from most other employees in their without cost. Each team has a supervisor who may department while carrying out their daily counting recommend, but not give, wage increases, nor hire, o f c o in s a n d currency. When not working they are discharge, or discipline without prior approval. free to contact other employees on the premises, Controller Manupelli is in direct charge of the wit h w h o m they sh a r e t h e sa m e employee b e n e fi t s. casino accounting department, with the casino cage Acdgly, w f ind hat separate units of hard manager and the casino controller rep g t count and of soft count employees are not appro- manager and the casino controller reporting to priate, nor is a combined unit of the two teams ap- him. They in turn are superior to the team supervi- propriate, for purposes of collective bargaining so r s. within the meaning of Section 9(b) of the Act. On the foregoing facts and the entire record Accordingly, we shall dismiss the petition. here, we find no basis on which to conclude that the two units sought by the Petitioner, either sepa- ORDER rately or combined, constitute a unit appropriate It is hereby ordered that the petition filed herein for purposes of collective bargaining.' The duties be, and it hereby is, dismissed. I See Horseshoe Club Operating Co. d/b/a Horseshoe Hotel and Fremont change girls and booth cashiers inappropriate, partly because their duties Hotel, Inc., 172 NLRB 1703, 1704 (1968), where the Board found units of were unskilled and they required little or no training.