- 68 - employees in order to assure a prompt and orderly response to these situations. We do not substitute our judgment for the business judgment of petitioners' management to the effect that it was wise for petitioners to give their employees free meals. Instead, we look to the objective facts of this case and see that some, but far from all, of petitioners' employees must be available during their meal periods to respond to emergencies that could possibly arise in petitioners' business. We find from the objective facts of this case that petitioners' employees were hired mainly (if not solely) to perform duties concerning the operation of a casino in its regular course of business, and that petitioners' past experiences indicate that the occurrence of a true emergency, such as a fire or bomb scare, during petitioners' operations is a rarity. The duties of very few of the employees in dispute include responding to emergencies at the beck and call of management.11 To the contrary, some of the labor agreements state specifically that employees covered by those 11 The record includes a list of the essential job functions for most of the employees at issue. Petitioners, however, prepared this list after the subject years; petitioners did not prepare or keep a contemporaneous written description of the duties of each job classification during the subject years. Given the additional fact that the record does not indicate the extent to which the employees in each job description performed these "essential job functions" during the subject years, or whether any of the employees performed duties that were outside these functions, we give limited regard to this list. We note, however, that the list states that only the Lead PBX Operator, PBX Operator, and Maintenance Engineer perform certain duties in the case of an "emergency".Page: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Next
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