Hard Rock Holdings, LLC v. NLRB, No. 11-1104 (D.C. Cir. 2012)
Annotate this CaseThe Board sought enforcement of its order directing the Company to bargain in good faith with the Union. The Company, in its petition for review, contested the Board's certification of the election in which the Union was named the bargaining representative of the Company's valet parking employees. The court concluded that the Board established the record of its analysis under the three-prong test of Associated Milk Producers, Inc. v. NLRB, necessary to support its conclusions regarding the parties' intent with regard to the stipulated bargaining unit. Extrinsic evidence relied on by the Company failed to demonstrate error. The court also concluded that the failure of the Board Agent to provide identification badges to election observers did not result in an unfair or invalid election in the absence of evidence that the failure materially affected the result of the election, and the company offered no such evidence. Therefore, the Board acted within its discretion in sustaining the Union's challenges to the eight ballots cast by dual-rated bell-desk employees and in rejecting the Company's objections alleging misconduct by the Board's Agent. The Board was thus entitled to enforcement of its findings that the Company violated sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1) and (5).
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