CP Anchorage Hotel 2, LLC v. National Labor Relations Board, No. 23-1029 (D.C. Cir. 2024)
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This case involves a dispute between CP Anchorage Hotel 2, LLC, doing business as Hilton Anchorage, and Unite Here! Local 878, AFL-CIO, a union representing the hotel's housekeepers. The conflict arose in 2018 when the hotel underwent substantial renovations, including replacing old bathtub showers with walk-in, glass-walled showers in about half of the guest rooms. After the renovations, the hotel required the housekeepers to meet the same room-cleaning quotas as before, despite the housekeepers' claims that the rooms were now harder to clean and required different skills and equipment. The hotel also threatened to discipline housekeepers who failed to meet these quotas. The union filed an unfair labor practice charge with the National Labor Relations Board (NLRB), arguing that the hotel's unilateral actions affected bargaining unit employees.
The NLRB found that the hotel had committed unfair labor practices by failing to provide the union with requested information relevant to bargaining, unilaterally changing its housekeepers' duties by increasing the work required per room but maintaining the same room-cleaning quota, and threatening its housekeepers with discipline if they failed to comply with the increased workload requirements. The NLRB ordered the hotel to rescind the unlawful changes to the housekeepers' working conditions and to compensate the housekeepers for any loss of earnings due to the hotel's unlawful conduct.
The hotel petitioned the United States Court of Appeals for the District of Columbia Circuit for review, arguing that decisions like the renovation decision did not require bargaining with a union. The court disagreed, finding that the hotel had an obligation to give the union a meaningful opportunity to bargain over the changes to the housekeepers' duties. The court denied the hotel's petition for review and granted the NLRB's cross-application for enforcement of its order.
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