Atlas Hotels, Inc. v. National Labor Relations Board

(concurring):

The National Labor Relations Act and the Labor Management Act were passed to effect the broad purposes of accomplishing industrial peace. Here we see the Labor Board fooling around with possibly a seven man unit. There were three ballots against the union on each election. For the second election, the Board cleared one employee from a challenge, and so the union won by four to three. How this serves the broad purpose of the Act is wondrous. It is bureaucracy rampaging.

But if one pursues enough rabbits, privates can become corporals, corporals can become sergeants, and sergeants can become lieutenants of the hunt. Some of the lieutenants may even get to be civil servants in the grade of GS 15.

While I concur, I do not have to like it.

519 F.2d 1330 89 L.R.R.M. (BNA) 3057 , 77 Lab.Cas. P 11,028 ATLAS HOTELS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. No. 74-2066. United States Court of Appeals, Ninth Circuit. July 9, 1975. Clifford L. Duke, Jr. (argued), San Diego, Cal., for petitioner. Marjorie Gofreed (argued), Washington, D.C., for respondent. OPINION Before CHAMBERS and KOELSCH, Circuit Judges, and McNICHOLS, * District Judge. PER CURIAM: 1 This case is before the Court on the petition of Atlas Hotels, Inc. (hereinafter "Atlas"), to review and set aside an Order of the National Labor Relations Board (henceforth "Board"), directing it to bargain collectively with a union. 1 The Board has filed a cross-petition for enforcement of an order finding petitioner in violation of Section 8(a)(5) and (1) of the National Labor Relations Act (hereinafter "Act"). This petition is filed pursuant to Sections 10(e) and (f) of the Act, as amended ( 29 U.S.C.A. Sec. 160 (e) and (f)). The Board's decision and orders are reported at 205 N.L.R.B. 47 and 210 N.L.R.B. 86 . 2 Atlas operates five "motor-hotels" in San Diego, California, and these hotels are located within a two-mile radius of San Diego's "Hotel…

This case is before the Court on. the petition of Atlas Hotels, Inc. (hereinafter “Atlas”), to review and set aside an Order of the National Labor Relations Board (henceforth “Board”), directing it to bargain collectively with a union. 1 The Board has filed a cross-petition for enforcement of an order finding petitioner in violation of Section 8(a)(5) and (1) of the National Labor Relations Act (hereinafter “Act”). This petition is filed pursuant to Sections 10(e) and (f) of the Act, as amended ( 29 U.S.C.A. § 160 (e) and (f)). The Board’s decision ánd orders are reported at 205 N.L.R.B. 47 and 210 N.L.R.B. 86 .

Atlas operates five “motor-hotels” in San Diego, California, and these hotels are located within a two-mile radius of San Diego’s “Hotel Circle,” a cluster of motels, hotels, dining, recreation and convention facilities catering to transient visitors and conventions. Each of the five Atlas hotels is headed by a manager and divided in departments. Department" heads are in charge of the various departments and they are directly responsible to their respective hotel manager.

Employees at all the hotels are subject to common labor relations policies. Job…