Fortuna Enterprises, L.P. v. NLRB, No. 10-1272 (D.C. Cir. 2011)
Annotate this CasePetitioner, which operated the Los Angeles Airport Hilton Hotel and Towers, petitioned for review of the NLRB's order finding petitioner in violation of section 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. 158(a)(1) & (3). At issue was whether Hilton disciplined its employees for engaging in activities protected by section 7 of the Act. The court held that the NLRB's grievance procedure finding was not supported by substantial evidence where the record demonstrated that Hilton managers addressed group grievances relating to hotel equipment, employee uniforms, working conditions, and other matters on numerous occasions. Therefore, the court granted the petition for review with respect to the NLRB's assessment of the May 11 protest and remanded the issue for reconsideration. The court held, however, that the NLRB met its burden under section 8(a)(3) where ample evidence supported the NLRB's finding that anti-union animus played a role in Hilton's decision to issue warnings. Therefore, the court enforced the portion of the NLRB's order finding that Hilton violated section 8(a)(1) & (3) by issuing the warnings at issue. Finally, the NLRB was entitled to summary enforcement of additional, effectively uncontested rulings.
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