SFO Good-Nite Inn, LLC
National Labor Relations Board
357 N.L.R.B. 79 (2011)
- Written by Tammy Boggs, JD
Facts
In August and early September 2005, SFO Good-Nite Inn, LLC (the hotel) (defendant) improperly encouraged and assisted employees in an effort to decertify the incumbent union (the union) (plaintiff). For example, the hotel’s managers corralled three housekeeping employees and used various tactics to try to get them to sign decertification or antiunion petitions. Another employee was threatened with discharge for speaking out against decertification. A majority of unit employees (14 out of 24) signed decertification petitions. In mid-September 2005, the hotel withdrew recognition of the union based on the employee petitions. The union charged the hotel with unfair labor practices before the National Labor Relations Board (the board). The administrative law judge found that the hotel committed an unfair labor practice in violation of the National Labor Relations Act and applied a causation analysis to conclude that the hotel’s unlawful conduct tainted the reliability of the employee petitions, which therefore could not serve as a basis for withdrawing recognition. The board was called on to decide whether a causation analysis was appropriate or whether the employer’s unlawful conduct conclusively precluded its reliance on the petitions as a valid basis for withdrawing recognition.
Rule of Law
Issue
Holding and Reasoning (No information provided)
Concurrence/Dissent (Hayes, Member)
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