Extract
Puerto Rico Hotel Association, 429 (1981)
Puerto Rico Hotel Association and Federacion de ORDER Musicos de Puerto Rico, Local 468, American MFederation of Musicians, LAFl 468,CIO Pursuant to Section 10(c) of the National Labor d Juan Hot Coratn, A Relations Act, as amended, the National Labor ReSan Juan Hotel Corporation, d/b/a l San JPuan lations Board adopts as its Order the recommended RicoHote l Corporaton d/b/a The Palace Order of the Administrative Law Judge and Hotel and Federacion de Musicos de Puerto hereby orders that the Respondents, Puerto Rico Rico, Local 468, American Federation of Musi- Hotel Association; San Juan Hotel Corporation, cians, AFL-CIO d/b/a El San Juan Hotel and El Conquistador Hilton International Company d/b/a Caribe Hilton Hotel; The Puerto Rico Hotel Corporation d/b/a Hotel and Federacion de Musicos de Puerto The Palace Hotel; Hilton International Company Rico, Local 468, American Federation of Musi- d/b/a Caribe Hilton Hotel; Condado Holiday Inn;
cians, AFL-CIO and Hilton International Company d/b/a La Condado Holiday Inn and Federacion de Musicos de Concha Hotel-Condado Beach Hotel, all of San Puerto Rico, Local 468, American Federation of Juan, Puerto Rico, their officers, agents, successors,Musicians, AFL-CIO and assigns shall take the action set forth in the Hilton International Company d/b/a La Concha said recommended Order.3Hotel-Condado Beach Hotel and Federacion de Musicos de Puerto Rico, Local 468, American cost deducted from their paychecks; the granting of a 25-percent discount Musicos de Puerto Rico, Local 468, American on purchases made by musicians; granting a leave of absence to a musiFederation of Musicians, AFL-CIO. Cases 24- cian because of illness; imposing deductions on musicians as a result of CA-4109, 24-CA-4193, 24-CA-4110, 24-CA- absences; and paying for advertisements for musical groups currently per4190, 24-CA-4305, and 24-CA-4306 forming ' Because of the large number of Spanish-speaking persons employed December 1, 1981 by the Respondent hotels, we hereby direct that the notices to be posted pursuant hereto be posted in both English and Spanish.DECISION AND ORDERDECISIONBY CHAIRMAN VAN DE WATER ANDM EMBERSJENKINS AND HUNTERADJAMES F. MORTON, Administrative Law Judge: These consolidated cases were heard by me between April 21On March 16, 1981, Administrative Law Judge and May 16, 1980, in San Juan, Puerto Rico.James F. Morton issued the attached Decision in Based on unfair labor practice charges filed by Federathis proceeding. Thereafter, Respondents, the Gen- cion de Musicos de Puerto Rico, Local 468, American eral Counsel, and the Charging Party filed excep- Federation of Musicians, AFL-CIO (herein called the tions and supporting briefs. Union), the amended complaints allege violations of SecPursuant to the provisions of Section 3(b) of the tion 8(a)(l), (3), and (5) of the National Labor Relations National Labor Relations Act, as amended, the Na- Act, as amended (herein called the Act). The principal tional Labor Relations Board has delegated its au- issue in these cases, precisely stated, is whether the band thority in this proceeding to a three-member panel. leaders and the leaders of the smaller groups of musiThe Board has considered the record and the at- cians who perform in the large hotels in Puerto Rico on tached Decision in light of the exceptions and a steady engagement basis' are supervisors employed by briefs and has decided to affirm the rulings, find- the hotels to direct their musicians-employees or whether ings,and conclusions of the Administrative Law these leaders are independent contractors who themgs.and conclusions of the Administrative Law selves, and not the hotels, are the employers of these muJudge and to adopt his recommended Order. sicians. At the hearing, the parties referred to this issue -~ ---- . ~~~~~~~more concisely as whether the musicians were independThe Charging Party and Respondents Hilton International Company r i tr t d/b/a Caribe Hilton Hotel, and Hilton International Company d/b/a La ent contractors or employees of the hotels. On the premConcha Hotel-Condado Beach Hotel have excepted to certain credibility ise that the musicians involved have been employees findings made by the Administrative Law Judge. It isthe Board's estab- within the meaning of Section 2(3) of the Act of the relished policy not to overrule an administrative law judge's resolutions with respect to credibility unless the clear preponderance of all of the relevant evidence convinces us that the resolutions are incorrect. Stand- are part of the hotels' management structures, the Generard Dry Wall Products Inc., 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d al Counsel set forth in the consolidated complaint the alCir. 1951). We have carefully examined the record and find no basis for legations summarized below. All the Respondents chalreversing his findings.For the reasons stated by the Administrative Law Judge inhis Deci- lenge the validity of that premise and...See the full content of this document
Sponsored links
