Boyd Gaming Corporation, F.K.A. The Boyd Group and Subsidiaries - Page 63

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          employer.  In so concluding, we decline petitioners' invitation             
          to treat all of these employees as "food service employees"                 
          simply because they are covered by the culinary workers'                    
          agreement.                                                                  
               Section 119 also does not reach any meal that is eaten by              
          petitioners' employees on a nonworking day or by persons who do             
          not work for petitioners.  Although petitioners' policy is to               
          preclude employees from eating meals in the Cafeterias on days              
          off and to preclude nonemployees from eating in the Cafeterias at           
          all, petitioners do not actively police or monitor this policy.             
          We are unpersuaded that petitioners' policy on this subject is              
          adhered to by the employees.  We find in the record that                    
          petitioners' employees have access to the Cafeterias on their               
          days off and that petitioners do not document the receipt of                
          employee meals in the Cafeterias or the receipt of meals in the             
          public restaurants by the employees who are allowed to eat there            
          without charge.10  We also find that nonemployees may easily                
          enter the Cafeterias with employees, and that petitioners' lack             
          of documentation on the meals similarly precludes us from finding           
          that these nonemployees do not eat meals in the Cafeterias.                 
               Petitioners elicited testimony from Mr. Thompson to the                
          effect that employees never ate two meals.  Mr. Thompson stated             
          that he had "general knowledge" that these employees generally              

               10 Contrary to the testimony of petitioners' management,               
          we find it hard to believe that an employee would question the              
          number of times that a manager ate in the Cafeterias or public              
          restaurants on a given day.                                                 


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