# NLRB Division of Advice Memorandum, Case No. 01-CA-286131 (Grove Bay Hospitality Group): Grove Bay Hospitality Group (01-CA-286131) > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/NLRB_ADVICE_01-CA-286131 ## Section - **Citation:** NLRB Division of Advice Memorandum, Case No. 01-CA-286131 (Grove Bay Hospitality Group) - **Heading:** Grove Bay Hospitality Group (01-CA-286131) - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** NLRB Division of Advice Memoranda (rolling 10-year window) / Grove Bay Hospitality Group (01-CA-286131) ## Text With regard to the alleged failure of the Employer to turn over this financial information in response to the Union’s need to verify that subminimum wage tipped employees are properly compensated, we conclude that the Union was provided sufficient information for that purpose in November by the provision a number of spreadsheets concerning the deductions and tips, showing the amount deducted to be about 2.5% of the tips collected for each employee.  The Union raised no objection to the credibility of this documentary evidence.  In any case, adding this allegation would add nothing to the remedy since the order will effectively require the Employer to disclose the redacted revenue figures, and the Union can, of course, use them to verify the wages of these subminimum wage tipped employees. This email closes this matter in Advice. Division of Advice [1] The fact that the Union is requesting last years figures does not make those figures any less relevant for what it projects in the future. See Circuit Wise, 306 NLRB 766, 768 (1992) (employer was obligated to furnish information regarding to company's past profits so as to be able to evaluate the prospect for future profits upon which the company's proposal was based.); Connecticut Light & Power Co., 220 NLRB 967, 968 (1975) (past data relevant to formulate proposals for future benefits) enfd. 538 F.2d 308 (2d Cir. 1976). [2] It is true that in Caldwell the Board observed that the union did not request generalized financial information such as profits, net income, tax returns, salary information or administrative expenses. But that observation was made against the backdrop of the claim the employer made in that case -- that the represented facility was not as competitive as its other facilities and that its production costs were lower elsewhere. Caldwell Mfg., 346 NLRB 1159, 1160 (2006). Thus in response to that claim, the union requested cost data and the method the employer used to track productivity. Id. at n. 6 But that observation was made against the backdrop of the claim the employer made in that case -- that the represented facility was not as competitive as its other facilities and that its production costs were lower elsewhere. Caldwell Mfg., 346 NLRB 1159, 1160 (2006). Thus in response to that claim, the union requested cost data and the method the employer used to track productivity. Id. at n. 6. Also requested were material costs, labor costs manufacturing overhead, productivity calculations, competitor data and data on possible new production. 346 NLRB at 1159, n.3. The Board found those requests were narrowly tailored to the employer’s claim. Clearly an assessment of the employer’s claim(s) is critical, inasmuch as that assessment will determine whether the requested information was tailored to that claim. In the instant case, the claim was that wage proposals would be based on revenue and that the Employer would base its labor costs on actual sales. The Employer having put its own sales in issue, the Union cannot be faulted for asking for sales figures. The fact that it asked for sales figures when considered in context is understandable and information to which the Union would be entitled under the reasoning of Caldwell. (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) ## Nearby sections - [NLRB Division of Advice Memorandum, Case No. 01-CA-158125 (Handy Technologies) Handy Technologies (01-CA-158125)](https://www.frixlaw.com/law-library/statutes/NLRB_ADVICE_01-CA-158125.md) - [NLRB Division of Advice Memorandum, Case No. 01-CA-219266 (University Emergency Medicine Foundation) University Emergency Medicine Foundation (01-CA-219266)](https://www.frixlaw.com/law-library/statutes/NLRB_ADVICE_01-CA-219266.md) - [NLRB Division of Advice Memorandum, Case No. 01-CA-286131 (Grove Bay Hospitality Group) Grove Bay Hospitality Group (01-CA-286131)](https://www.frixlaw.com/law-library/statutes/NLRB_ADVICE_01-CA-286131.md) - [NLRB Division of Advice Memorandum, Case No. 01-CA-300935 (Universal Automation and Mechanical Services Inc.) Universal Automation and Mechanical Services Inc. 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Check the current official text before relying on it. Not legal advice.