New Otani Hotel & Garden

331 N.L.R.B. 1078 (2001)

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New Otani Hotel & Garden

National Labor Relations Board
331 N.L.R.B. 1078 (2001)

  • Written by Tammy Boggs, JD

Facts

For several years, a labor union of hotel and restaurant employees (the union) (defendant) had been trying to organize the employees of New Otani Hotel & Garden (the hotel) (plaintiff). The union picketed, urging customers to boycott the hotel. The union distributed written materials accusing the hotel of substandard working conditions. The union also wrote letters to the hotel asking the hotel to agree to a neutrality/card-check organizational process, through which the union could gather employee support during a period of hotel neutrality and, if a majority of workers signed union cards, the hotel would recognize the union. Each of the union’s letters contained a disclaimer to the effect that the letter did not constitute a union demand for recognition as the bargaining representative. Based on these events, the hotel filed a petition for an election on unionization with the National Labor Relations Board (the board). The regional director determined that the union did not make a present demand for recognition as the bargaining representative and, accordingly, the hotel’s petition should be dismissed. The board reviewed the matter.

Rule of Law

Issue

Holding and Reasoning (No information provided)

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