Renaissance Hotel Operating Company

National Labor Relations Board - Board Decisions

Oct 1, 2014

28-CA-113793 (N.L.R.B. Oct. 1, 2014)

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RENAISSANCE HOTEL OPERATING COMPANY
and Cases 28-CA-113793
28-CA-115712
UNITE HERE LOCAL 631, AFL-CIO 28-CA-128643
DECISION AND ORDER
Statement of the Cases
On July 21, 2014, Renaissance Hotel Operating Company (the Respondent),
UNITE HERE Local 63, AFL-CIO (the Union), and the General Counsel of the National
Labor Relations Board entered into a Formal Settlement Stipulation, subject to the
Board’s approval, providing for the entry of a consent order by the Board and a consent
judgment by any appropriate United States Court of Appeals. The parties waived all
further and other proceedings before the Board to which they may be entitled under the
National Labor Relations Act, as amended, and the Board’s Rules and Regulations, and
the Respondent waived its right to contest the entry of a consent judgment or to receive
further notice of the application therefor.
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record, and
the proceeding is transferred to and continued before the Board in Washington, D.C.,
for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondent’s business
The Respondent is a corporation with an office and place of business in Phoenix,
Arizona (the Respondent’s facility), where it is engaged in operating a hotel and
providing food and lodgings.
In conducting its business operations at its facility during the 1-year period
ending September 20, 2013, the Respondent purchased and received goods at the
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Respondent’s facility valued in excess of $50,000 directly from points outside the State
of Arizona and derived gross revenues in excess of $500,000.
The Respondent is now, and has been at all material times, an employer
engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
UNITE HERE Local 631, AFL-CIO is a labor organization within the meaning of
Section 2(5) of the Act.
3. The appropriate unit
The following employees of the Respondent (the unit) constitute a unit
appropriate for the purposes of collective bargaining within the meaning of Section 9(b)
of the Act:
All full-time and regular part-time Server, Set Up Houseperson, Banquet
Cashier, Banquet Bartender, Banquet Captain, Cafeteria Attendant, Cook,
Pastry Chef, Steward, Cocktail Server, Food Server, Room Service
Server, Busser, Cashier/Host, Bartender, Bellperson, Doorperson, Front
Office Agent, PBX Operator, Houseperson, Lobby Attendant, Room
Attendant, Laundry Attendant, Laundry Washer, Floor Care, Preventative
Maintenance, Guest Service/Guest Calls, Engineers, and
Purchasing/Storeroom Clerk located at 50 East Adams Street, Phoenix,
Arizona.
Since about December 2011 and at all material times, the Respondent has
recognized the Union as the exclusive collective-bargaining representative of the unit.
This recognition has been embodied in collective-bargaining agreements, the most
recent of which is effective from December 9, 2013, through September 30, 2016.
At all times since about December 2011, based on Section 9(a) of the Act, the
Union has been the exclusive collective-bargaining representative of the unit.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the National Labor Relations Board orders that the Respondent,
Renaissance Hotel Operating Company, Phoenix, Arizona, its officers, agents,
successors, and assigns, shall
1. Cease and desist from
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(a) Soliciting the decertification of the Union by announcing to employees that an
employee was circulating a decertification petition.
(b) Soliciting the decertification of the Union by directing employees to sign a
decertification petition.
(c) Promising its employees that if they signed a decertification petition, the
Respondent would grant a wage raise to employees, reinstitute a Respondent-
sponsored tuition reimbursement program for employees, and assist employees with job
advancement.
(d) Promulgating an overly-broad and discriminatory directive or rule requiring its
off-duty employees to obtain prior authorization from the Respondent to access the
cafeteria of the Respondent’s facility to engage in union activities.
(e) Enforcing the directive or rule described above selectively and disparately by
denying access to the cafeteria of the Respondent’s facility to its off-duty employees
who opposed decertification of the Union while permitting access to the cafeteria of the
Respondent’s facility to its off-duty employees who supported decertification of the
Union.
(f) Providing more than ministerial assistance to employees in helping them
remove the Union as their collective-bargaining representative.
(g) In any like or related manner interfering with, restraining, or coercing its
employees in the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Within 14 days of service by Region 28 of the National Labor Relations
Board (Region 28), post at its Phoenix, Arizona, facility copies of the attached notice
marked “Appendix A.” Copies of the notice, on forms provided by Region 28, after
being signed by the Respondent's authorized representative, shall be posted by the
Respondent and maintained for 60 consecutive days in conspicuous places, including
all places where notices to employees are customarily posted. In addition to physical
posting of paper notices, the Respondent shall distribute notices electronically, by email,
posting on an intranet or internet site, and/or other electronic means, if the Respondent
customarily communicates with its employees by such means. The Respondent will
take reasonable steps to ensure that the notices are not altered, defaced or covered by
any other material. In the event that, during the pendency of these proceedings, the
Respondent has gone out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the
notice to all current employees and former employees employed by the Respondent at
any time since August 20, 2013.
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(d) Within 21 days after service by the Region, file with the Regional Director of
Region 28 a sworn certificate of a responsible official on a form provided by the Region
attesting to the steps that the Respondent has taken to comply.
Dated, Washington, D.C., October 1, 2014.
___________________________________
Kent Y. Hirozawa, Member
____________________________________
Harry I. Johnson, III, Member
___________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union;
Choose representatives to bargain with us on your behalf;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE WILL NOT solicit the decertification of the Union by announcing to you that an
employee is circulating a decertification petition.
WE WILL NOT solicit the decertification of the Union by directing you to sign a
decertification petition.
WE WILL NOT promise you that if you sign a decertification petition we would grant you
a wage raise, reinstitute our sponsored tuition-reimbursement program for employees,
and assist you with job advancement.
WE WILL NOT promulgate an overly-broad and discriminatory directive or rule requiring
off-duty employees to obtain prior authorization to access the cafeteria to engage in
union activities.
WE WILL NOT enforce the directive or rule described above selectively and disparately
by denying access to the cafeteria to off-duty employees who oppose decertification of
the Union while permitting access to the cafeteria to off-duty employees who support
decertification of the Union.
WE WILL NOT provide more than ministerial assistance to employees in helping them
get rid of the Union.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of the rights guaranteed you under Section 7 of the Act.
RENAISSANCE HOTEL OPERATING COMPANY
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The Board’s decision can be found at www.nlrb.gov/case/28-CA-113793 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1099 14th Street, N.W., Washington, D.C.
20570, or by calling (202) 273-1940.