NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,477, THE WASHINGTON PALM, INC. and HOTEL AND RESTAURANT EMPLOYEES, LOCAL 25, AFL-CIO., (Sep. 14, 1994), National Labor Relations Board, (Sep 14, 1994)

THE WASHINGTON PALM, INC. and HOTEL AND RESTAURANT EMPLOYEES, LOCAL 25, AFL-CIO.

314 NLRB No. 181.Case No. 5-RC-14055. September 14, 1994

Before Gould, Stephens and Cohen.

Bargaining Units--Appropriateness--Nontipped Kitchen Employees.--A union’s petitioned-for bargaining unit that consisted of a restaurant employer’s nontipped kitchen employees was found to be appropriate by the NLRB for the purpose of conducting a union representation election. Although the employer contended that a bargaining unit consisting of all food and beverage employees was more appropriate, the nontipped employees lacked a sufficient community of interest with the other restaurant employees. The nontipped employees were paid on a different basis, there was virtually no interchange or contact between the two employee classifications, there were different work schedules and there was a difference in the two groups’ job functions. Section 9(b).

Back reference: ¶2626.636.

From Text of Board’s Decision

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel, which has considered the Employer’s request for review of the Regional Director’s Decision and Direction of Election (pertient portions of which are attached). The request for review is denied as it raises no substantial issues warranting review.