Atlanta Hilton And Towers

ATLANTA HILTON & TOWERS - 1413 ACL Corporation d/b/a Atlanta Hilton and Towers and International Brotherhood of Firemen and- Oilers, AFL-CIO. Cases 10-CA-18929 and 10- RC-12727 19 August 1985 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF ELECTION BY CHAIRMAN DOTSON AND MEMBERS DENNIS AND JOHANSEN On 6 December 1984 the National Labor Rela- tions Board issued a Decision and Order' in the above-entitled proceeding. The Board found that only an overall unit excluding property operations employees, confidential employees, guards, and su- pervisors was appropriate and, inter alga, dismissed the petitions, in Cases 10-RC-12727 and 10-RC- 12623. On 17 December 1984 the Charging Party/Petitioner filed a request for clarifications and/or reconsideration. On 2 January 1985 the Respondent/Employer filed a response. - The Charging Party/Petitioner contends, inter alia, that because it indicated in both cases its will- ingness to proceed to an election in any unit found appropriate, the petitions should not have been dis- 1 273 NLRB 87 (1984), decided by Chairman Dotson and Members Zimmerman and Dennis - t' missed. On reconsideration,2 we shall vacate-our 6 December' 1984 Order to the extent that it dis- missed the petitions in Cases 10-RC-12623 and 10- RC-12727 and shall direct an election in the fol- lowing unit, which we found appropriate:3 All full-time and regular part-time employees employed by the Employer at its Atlanta Hilton and Towers facility, - but excluding property operations employees, confidential employees, guards, and supervisors as defined in the Act. ORDER The Charging Party/Petitioner's request for -clarifications and/or reconsideration of the-Board's Decision is granted in part, and the 6- December 1984 Order dismissing the petitions in Cases 10- RC-12623- and .10-RC-12727 is vacated. In all other respects, the Charging Party/Petitioner's re- quest is denied., [Direction of Election omitted from publication.] 2 Member Johansen is substituting for former Member Zimmerman on reconsideration Enterprise Industrial Piping, 118 NLRB 1 (1957) a As the unit found appropriate is larger than that requested, the Peti- tioner is accorded a period of 10 days in which to submit the requisite showing of interest to support an election In the event the Petitioner does not wish to proceed with an election, it.may withdraw its petition without prejudice 4by notice to the Regional Director within 7 days from the date of this decision 275 NLRB No. 197