Los Angeles Airport Hilton Hotel & Towers

National Labor Relations Board - Board Decisions

Aug 24, 2010

355 N.L.R.B. 602 (N.L.R.B. 2010)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
355 NLRB No. 122
602
Fortuna Enterprises, L.P. a Delaware limited part-
nership d/b/a The Los Angeles Airport Hilton
Hotel and Towers and UNITE HERE, Local 11.
Cases 31–CA–27837, 31–CA–27954, and 31–CA–
28011
August 24, 2010
DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS SCHAUMBER
AND HAYES
On April 30, 2009, the two sitting members of the
Board issued a Decision and Order Remanding in this
proceeding, which is reported at 354 NLRB 202 and, on
October 29, 2009, they issued a Supplemental Decision
and Order in this proceeding, which is reported at 354
NLRB No. 95.1 The Respondent filed petitions for re-
view in the United States Court of Appeals for the Dis-
trict of Columbia Circuit, and the General Counsel filed
cross-applications for enforcement. On June 17, 2010,
the United States Supreme Court issued its decision in

1 Effective midnight December 28, 2007, Members Liebman,
Schaumber, Kirsanow, and Walsh delegated to Members Liebman,
Schaumber, and Kirsanow, as a three-member group, all of the powers
of the National Labor Relations Board in anticipation of the expiration
of the terms of Members Kirsanow and Walsh on December 31, 2007.
Thereafter, pursuant to this delegation, the two sitting members issued
decisions and orders in unfair labor practice and representation cases.
New Process Steel, L.P. v. NLRB, 130 S.Ct. 2635, hold-
ing that under Section 3(b) of the Act, in order to exer-
cise the delegated authority of the Board, a delegee group
of at least three members must be maintained. Thereaf-
ter, the Board issued an order setting aside the above-
referenced decision and order remanding and supplemen-
tal decision and order, and retained this case on its
docket for further action as appropriate.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.2
The Board has considered the judge’s decision and
supplemental decision, and the record in light of the ex-
ceptions and briefs and has decided to affirm the judge’s
rulings, findings, and conclusions and to adopt the rec-
ommended Orders to the extent and for the reasons stated
in the decision and supplemental decision reported at 354
NLRB No. 17 and 354 NLRB 843, respectively, which
have been set aside and which are incorporated herein by
reference.3

2 Consistent with the Board’s general practice in cases remanded
from the courts of appeals, and for reasons of administrative economy,
the panel includes the members who participated in the original deci-
sion. Furthermore, under the Board’s standard procedures applicable to
all cases assigned to a panel, the Board Members not assigned to the
panel had the opportunity to participate in the adjudication of this case
at any time up to the issuance of this decision.
3 Member Hayes agrees with statements made by Member Schaum-
ber in fns. 5 and 8 of 354 NLRB 202.