NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,409, ALTON RIVERBOAT GAMBLING PARTNERSHIP dba ALTON BELLE CASINO AND SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA, ATLANTIC, GULF, LAKE AND INLAND WATERS DISTRICT, AFL-CIO and HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES,, (July 29, 1994), National Labor Relations Board, (Jul 29, 1994)

ALTON RIVERBOAT GAMBLING PARTNERSHIP dba ALTON BELLE CASINO AND SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA, ATLANTIC, GULF, LAKE AND INLAND WATERS DISTRICT, AFL-CIO and HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES, LOCAL 15, AFL-CIO.

314 NLRB No. 97.Case Nos. 14-CA-21601 and -7793. July 29, 1994 George F. McInerny, Administrative Law Judge..

Before Gould, Stephens and Devaney.

Lucinda L. Flynn, for General Counsel. James Baird, Lisa Lopatka and Walter J. Loomis (Seyfarth, Shaw, Fairweather & Geraldson), Chicago, Illinois, for Respondent Employer. Barry J. Levine (Souders & Levine), St. Louis, Missouri, for Respondent Union. Edward T. Linehan, St. Louis, Missouri, for Charging Party.

Assistance to Unions--Meetings--Presence of Supervisors.--By aiding and assisting in the organization of a union and by having its supervisors present during a union organizational meeting and, thereafter, by entering into a premature bargaining contract with the union, an employer interfered with its employees’ right to organize. The supervisors made statements during the meeting that this particular union was their union, they witnessed the signing of a union authorization card during a meeting and answered employee questions while the meeting was going on. Section 8(a)(2).

Back reference: ¶3545.76.

Checkoff of Dues and Initiation Fees--Discriminatory--Unlawful Assistance to Union.--By entering into a premature recognition agreement as well as a collective bargaining agreement that contained union shop and dues-checkoff provisions, an employer discriminated against its employees. The union’s purported majority, based upon signed authorization cards, was tainted because the employer had rendered unlawful assistance to the union in order to procure those signed cards. Section 8(a)(3).

Back reference: ¶4080.912.

Union Restraint and Coercion--Bargaining Units--Premature Bargaining Contract.--By accepting the assistance of an employer in organizing bargaining unit employees and, thereafter, by entering into premature recognition and collective bargaining agreements with the employer, a union restrained and coerced unit employees. The union’s purported authorization card majority was tainted by the employer’s coercion of unit employees and its assistance to the union. Section 8(b(1)(A).

Back reference: ¶4350.3102.

From Text of Board’s Decision

The Board has considered the decision and the record in light of the exceptions, cross-exceptions, and briefs, and has decided to affirm the judge’s rulings, [1] findings, [2] and conclusions as modified and to adopt the judge’s recommended Order as modified and set forth in full below. [3]

¹	The Respondent Union has excepted to some of the judge’s credibility findings. The Board’s established policy is not to overrule an administrative law judge’s credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. [19 LC ¶66,308] 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings.
²	We find it unnecessary to pass on the judge’s findings that the Respondent Employer violated Sec. 8(a)(2) and (1) by its supervisor, Food and Beverage Manager Sharon Hawkins, advising employee Tim Dalpiaz that it had selected the Respondent Union as the employees’ collective-bargaining representative and that the Respondent Union violated Sec. 8(b)(1)(A) and (2) by accepting such assistance, because these additional findings would not materially affect the remedy. See Chef’s Pantry, Inc., [1980 CCH NLRB ¶16,681] 247 NLRB 77 fn. 1 (1980)
³	The General Counsel has filed cross-exceptions to the Conclusions of Law, recommended Order, and notice. We have amended them to conform to the judge’s findings.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,409, ALTON RIVERBOAT GAMBLING PARTNERSHIP dba ALTON BELLE CASINO AND SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA, ATLANTIC, GULF, LAKE AND INLAND WATERS DISTRICT, AFL-CIO and HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES,, (July 29, 1994), National Labor Relations Board, (Jul 29, 1994)

314 NLRB No. 97.Case Nos. 14-CA-21601 and -7793. July 29, 1994 George F. McInerny, Administrative Law Judge..

Before Gould, Stephens and Devaney.

Back reference: ¶3545.76.

Back reference: ¶4080.912.

Back reference: ¶4350.3102.

From Text of Board’s Decision

¹	The Respondent Union has excepted to some of the judge’s credibility findings. The Board’s established policy is not to overrule an administrative law judge’s credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. [19 LC ¶66,308] 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings.
²	We find it unnecessary to pass on the judge’s findings that the Respondent Employer violated Sec. 8(a)(2) and (1) by its supervisor, Food and Beverage Manager Sharon Hawkins, advising employee Tim Dalpiaz that it had selected the Respondent Union as the employees’ collective-bargaining representative and that the Respondent Union violated Sec. 8(b)(1)(A) and (2) by accepting such assistance, because these additional findings would not materially affect the remedy. See Chef’s Pantry, Inc., [1980 CCH NLRB ¶16,681] 247 NLRB 77 fn. 1 (1980)
³	The General Counsel has filed cross-exceptions to the Conclusions of Law, recommended Order, and notice. We have amended them to conform to the judge’s findings.

From Text of Board’s Decision

Footnotes

From Text of Board’s Decision

Footnotes