Marco Polo Resort Motel, 1293 (1981)

National Labor Relations Board

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Marco Polo Resort Motel, 1293 (1981)

MARCO POLO RESORT MOTEL

Marco Polo Resort Motel and Hotel, Motel, Restaurant & Hi-Rise Employees & Bartenders Union,

Local 355. Case 12-CA-8650

September 15, 1981 DECISION AND ORDER

BY MEMBERS FANNING, JENKINS, AND ZIMMERMAN

On August 27, 1980, Administrative Law Judge Robert A. Gritta issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated it authority in this proceeding to a three-member panel.

The Board has considered the record and the attached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order, as modified herein.

The Administrative Law Judge found that Respondent violated Section 8(a)(1) of the Act when its motel manager, Charles Rosen, interrupted a union meeting being held on its premises, with its permission, to order some nonunion bargaining unit employees to leave the meeting. Respondent contends, however, that, in accordance with the Union's request, it only granted permission for a meeting limited to union members in the housekeeping department and, thus, it was within its rights to hold the Union to its request. In agreement with the Administrative Law Judge we find that the limited terms of the permission granted did not, absent some more compelling business justification than the one offered, license Respondent to police the Union's meeting to ensure that attendance was limited to union members.' The purpose of the union meeting, which was known to Respondent, was to elect a union steward for the housekeeping department. Thus, the meeting involved an internal union matter and one in which Respondent could not claim a legitimate interest. The Board has long held that...

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