Frankl v. HTH Corp.

650 F.3d 1334 (2011)

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Frankl v. HTH Corp.

United States Court of Appeals for the Ninth Circuit
650 F.3d 1334 (2011)

  • Written by Rose VanHofwegen, JD

Facts

In 2002, a union organized employees at the Pacific Beach Hotel, which was owned and operated by HTH Corporation, Pacific Beach Corporation, and Koa Management, LLC (collectively, the hotel) (defendants). After one election was set aside because the hotel coercively interrogated employees and maintained overly broad no-union-solicitation policies, the union won by one vote. During negotiations, the hotel committed unfair labor practices (ULPs) that violated the National Labor Relations Act (NLRA) by firing union leaders, withdrawing union recognition, and unilaterally changing employment terms and conditions. Two years after the union filed charges with the NLRB, regional director Joseph Frankl (plaintiff) issued a complaint against the hotel. An NLRB administrative-law judge determined the hotel had violated three NLRA provisions and recommended a cease-and-desist order and other remedial measures. The hotel filed multiple exceptions that remained pending when Frankl finally petitioned in 2010 in federal court for an injunction under NLRA § 10(j). The court entered an injunction ordering the hotel to bargain with the union, reinstate discharged employees, and rescind unilateral changes to employment terms and conditions, among other remedies. The hotel appealed.

Rule of Law

Issue

Holding and Reasoning (Berzon, J.)

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