Atrium Hospitality LP d/b/a The Westin Southfield-Detroit

National Labor Relations Board - Board Decisions

Mar 18, 2020

369 N.L.R.B. 44 (N.L.R.B. 2020)

369 NLRB No. 44
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes
Atrium Hospitality LP d/b/a The Westin Southfield-
Detroit and Local 24, UNITE HERE!, AFL–CIO.
Case 07–CA–239682
March 18, 2020
DECISION AND ORDER
BY CHAIRMAN RING AND MEMBERS KAPLAN
AND EMANUEL
The General Counsel seeks a default judgment in this
case on the ground that Atrium Hospitality LP d/b/a The
Westin Southfield-Detroit (the Respondent) has failed to
file an answer to the complaint. Upon a charge filed by
Local 24, UNITE HERE!, AFL–CIO (the Charging Party)
on April 12, 2019,1 the General Counsel issued a com-
plaint and notice of hearing on May 29. On September 9,
the Regional Director for Region 7 approved an informal
settlement agreement, in which the Respondent agreed to
take certain actions to remedy the unfair labor practice al-
legations of the complaint. Thereafter, having concluded
that the Respondent failed to comply with the terms of the
settlement agreement and pursuant to Section 102.15 of
the Board’s Rules and Regulations, the Regional Director
issued and served on the Respondent on October 30, a
reissued complaint, order revoking settlement, and notice
of hearing (the reissued complaint), alleging that the Re-
spondent violated Section 8(a)(5) and (1) of the Act. The
Respondent failed to file an answer.
On December 12, the General Counsel filed with the
National Labor Relations Board a Motion for Default
Judgment. On January 23, 2020, the Board issued an or-
der transferring the proceeding to the Board and a Notice
to Show Cause why the motion should not be granted. The
Respondent filed no response. The allegations in the mo-
tion are therefore undisputed.
Ruling on Motion for Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides that the allegations in a complaint shall be
deemed admitted if an answer is not filed within 14 days
from service of the complaint, unless good cause is shown.
In addition, the reissued complaint affirmatively states
that unless an answer was received on or before November
13, the Board may find, pursuant to a motion for default
judgment, that the allegations in the reissued complaint
are true. Further, the undisputed allegations in the General
Counsel’s motion disclose that the Region, by letter about
1 All dates are 2019 unless otherwise indicated.
November 13, advised the Respondent that unless an an-
swer was received by November 21, the Region would
pursue a default judgment. Nevertheless, the Respondent
failed to file an answer.
In the absence of good cause being shown for the failure
to file an answer, we deem the allegations in the reissued
complaint to be admitted as true, and we grant the General
Counsel’s Motion for Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, has been a limited
partnership with an office and place of business of South-
field, Michigan, and has been engaged in the business of
operating a hotel and providing food and lodgings.
In conducting its operations during the 12-month period
ending December 31, 2018, the Respondent derived gross
revenues in excess of $500,000.
During the period described above, the Respondent, in
conducting its operations, purchased and received at its
Southfield, Michigan facility goods valued in excess of
$5000 directly from points outside the State of Michigan.
We find that the Respondent is an employer engaged in
commerce within the meaning of Section 2(2), (6), and (7)
and that the Charging Party is a labor organization within
the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the Respondent’s Assistant Gen-
eral Counsel has been an agent appropriate for the pur-
poses of collective bargaining within the meaning of Sec-
tion 2(13) of the Act.
The following employees of the Respondent (the unit)
constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the Act:
Lead Cook, Line Cook, Prep Cook, Pantry Attendant,
Pantry Attendant Lead, Cafeteria Attendant, Steward,
Stewarding Lead, Receiving Clerk, Room Attendant,
Public Area Attendant, Laundry Attendant, Laundry
Lead, House Attendant, Housekeeping Lead, Bartender,
Beverage Server, Food Server, Greeter, Bus Attendant,
Outlet Lead, Room Service Server, Room Service Ex-
pediter, Captain, Server, Bartender, House Attendant,
House Attendant Lead, Banquet Runner, Concierge,
Concierge Lobby, Front Desk Agent, Night Front Desk
Agent, Front Desk Lead, Operator, Night Operator, Lug-
gage Attendant, Night Luggage Attendant, Door At-
tendant, Bell Captain, and Lead employed by the Re-
spondent at its facility located at 1500 Town Center
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
Drive, Southfield, Michigan 48075, but excluding all
managers, confidential employees, security personnel,
and guards and supervisors under the Act.
At all material times, the Respondent has recognized the
Charging Party as the exclusive collective-bargaining rep-
resentative of the unit. This recognition has been embod-
ied in successive collective-bargaining agreements, the
most recent of which is effective for the period of Decem-
ber 5, 2016 through February 16, 2021.
At all material times, based on Section 9(a) of the Act,
the Charging Party has been the exclusive bargaining rep-
resentative of the unit.
Since about January 11, the Charging Party has re-
quested in writing the Respondent furnish the Charging
Party with the following information:
1. All disciplinary notices (including but not limited to
the termination notice) since January 2017;
2. All witness statements relating to the incident;
3. All reports, memos, emails (with any attachments),
and other documents constituting or relating to the Em-
ployer’s investigation into the incident[;]
4. Any correspondence between police and the hotel
relating to the incident (including but not limited to any
police reports or statements);
5. Any video or audio recording(s) relating to the inci-
dent or to the investigation into the incident;
6. Any policy, rule, or other document that the Em-
ployer relied upon in deciding to predicate [the grievant’s]
termination from employment.
The information requested by the Charging Party, as de-
scribed, is necessary for, and relevant to, the Charging
Party’s performance of its duties as the exclusive collec-
tive-bargaining representative of the unit.
Since about January 11, the Respondent has failed and
refused to furnish the Charging Party with the information
in items 1, 2, and 3, as requested by the Charging Party.
From about January 11 to about May 9, the Respondent
unreasonably delayed in informing the Charging Party
that the information in Items 4 and 5, as requested by
Charging Party, does not exist.
From about January 11 to about May 9, the Respondent
unreasonably delayed in furnishing the Charging Party
with the information in Item 6, as requested by the Charg-
ing Party.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been failing and refusing to bargain collectively and in
good faith with the exclusive collective-bargaining repre-
sentative of its employees in violation of Section 8(a)(5)
and (1) of the Act.
The unfair labor practices of the Respondent affect
commerce within the meaning of Section 2(6) and (7) of
the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order the Respondent
to cease and desist and to take certain affirmative action
designed to effectuate the policies of the Act. Specifically,
having found that the Respondent has violated Section
8(a)(5) and (1) of the Act by failing and refusing to furnish
the Charging Party with certain information that is neces-
sary and relevant to the Charging Party’s performance of
its duties as the exclusive collective-bargaining repre-
sentative of the unit employees, unreasonably delaying in
furnishing the Charging Party with such information, and
unreasonably delaying in informing the Charging Party
that certain requested information does not exist, we shall
order the Respondent to provide the Charging Party in a
timely manner with the information requested by the
Charging Party on January 11 or to inform the Charging
Party in a timely manner that such information does not
exist.
ORDER
The National Labor Relations Board orders that the Re-
spondent, Atrium Hospitality LP d/b/a The Westin South-
field-Detroit, Southfield, Michigan, its officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively with Local 24,
UNITE HERE!, AFL–CIO by failing and refusing to fur-
nish it with requested information that is relevant and nec-
essary to the Charging Party’s performance of its func-
tions as the collective-bargaining representative of the Re-
spondent’s unit employees.
(b) Refusing to bargain collectively with the Charging
Party by unreasonably delaying in furnishing relevant in-
formation requested by the Charging Party or in informing
the Charging Party that such information does not exist.
(c) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Furnish the Charging Party with the information re-
quested by the Charging Party on January 11, 2019, to the
extent that it has not already done so.
(b) Within 14 days after service by the Region, post at
its Southfield, Michigan facility copies of the attached
ATRIUM HOSPITALITY LP D/B/A THE WESTIN SOUTHFIELD-DETROIT 3
notice marked “Appendix.”2 Copies of the notice, on
forms provided by the Regional Director for Region 7, af-
ter being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places, in-
cluding all places where notices to employees are custom-
arily posted. In addition to physical posting of paper no-
tices, notices shall be distributed electronically, such as by
email, posting on an intranet or an internet site, and/or
other electronic means, if the Respondent customarily
communicates with its employees by such means. Rea-
sonable steps shall be taken by the Respondent to ensure
that the notices are not altered, defaced, or covered by any
other material. If the Respondent has gone out of business
or closed the facility involved in these proceedings, the
Respondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former em-
ployees employed by the Respondent at any time since
January 11, 2019.
(c) Within 21 days after service by the Region, file with
the Regional Director for Region 7 a sworn certification
of a responsible official on a form provided by the Region
attesting to the steps that the Respondent has taken to com-
ply.
Dated, Washington, D.C. March 18, 2020
John F. Ring, Chairman
_
Marvin E. Kaplan, Member
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we vio-
lated Federal labor law and has ordered us to post and obey
this notice.
2 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted by Order of the National
Labor Relations Board” shall read “Posted Pursuant to a Judgment of the
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on your
behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected ac-
tivities.
WE WILL NOT refuse to bargain collectively with Local
24, UNITE HERE!, AFL–CIO (the Union) by failing and
refusing to furnish it with requested information that is rel-
evant and necessary to the Union’s performance of its
functions as the collective-bargaining representative of
our employees in the bargaining unit.
WE WILL NOT refuse to bargain collectively with the
Union by unreasonably delaying in furnishing relevant in-
formation requested by the Union or in notifying the Un-
ion that such information does not exist.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL furnish the Union in a timely manner the in-
formation requested by the Union on January 11, 2019.
ATRIUM HOSPITALITY LP D/B/A THE WESTIN
SOUTHFIELD-DETROIT
The Board’s decision can be found at
http://www.nlrb.gov/case/07-CA-239682 or by using the QR
code below. Alternatively, you can obtain a copy of the de-
cision from the Executive Secretary, National Labor Rela-
tions Board, 1015 Half Street, S.E., Washington, D.C. 20570,
or by calling (202) 273-1940.
United States Court of Appeals Enforcing an Order of the National Labor
Relations Board.”