The Westward-Ho Hotel Company, and v. National Labor Relations Board, And

Petitioner Westward-Ho has initiated these proceedings to review an order of the National Labor Relations Board directing it to bargain with Hotel & Restaurant Employees & Bartenders, Local Union 631, AFL-CIO. The Board decided that Westward-Ho had violated § 8(a) (5) and (1) of the National Labor Relations Act, 29 U.S.C. § 158 (a) (5) and (1), by refusing to bargain with the union after the union had won an election and had been certified as the representative of the hotel’s kitchen employees. Westward-Ho contends that the Board’s determination of the appropriate bargaining unit was controlled by the extent of union organization, in violation of § 9(c) (5) of the Act, and that its order should therefore be set aside. The Board cross-petitions for enforcement. We hold that the bargaining unit established by the Board was inappropriate, and we deny enforcement and set the Board’s order aside.

I

Petitioner’s hotel is located in downtown Phoenix, Arizona. The hotel has approximately 360 rooms, the normal hotel front offices, a dining room, a bar, a fountain, private meeting rooms and banquet facilities. The hotel also houses three private clubs, one of which is open to hotel…