Paulsen v. Remington Lodging & Hospitality, LLC, No. 13-2775 (2d Cir. 2014)Annotate this Case
James G. Paulsen, a Regional Director for the NLRB, appealed the district court's order denying his petition under section 10(j) of the National Labor Relations Act (NLRA), 29 U.S.C. 160(j), for an injunction prohibiting respondent from engaging in unfair labor practices and ordering the immediate reinstatement of certain discharged employees. Paulsen also appealed an August order denying his motion for an injunction ordering the immediate reinstatement of the discharged employees. Separately, Remington appealed from the district court's August order insofar as it denied its motion to dismiss Paulsen's petition on the ground that the NLRB had been improperly constituted under the Recess Appointments Clause and enjoined Remington from engaging in unfair labor practices. The court affirmed the district court's denial of the motion to dismiss; concluded that because Remington's arguments concerning the Federal Vacancies Reform Act (FVRA), 5 U.S.C. 3345 et seq., were not raised and do not implicate the court's jurisdiction, they are forfeited; affirmed the district court's denial of reinstatement to the housekeeping employees; and because the district court did not directly address Margaret Loiacono’s status, and because she was not offered re‐employment, the court reversed the district court’s denial of injunctive relief with respect to her and remanded to the district court with instructions to order that an offer of reinstatement be extended to her.