Renaissance Hotel Operating Company

National Labor Relations Board - Board Decisions

Apr 16, 2014

28-RD-112742 (N.L.R.B. Apr. 16, 2014)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RENAISSANCE HOTEL OPERATING COMPANY
Employer
and Case 28-RD-112742
ERUBEY QUINTERO
Petitioner
and
UNITE HERE LOCAL 631
Union
RENAISSANCE HOTEL OPERATING COMPANY
Employer
and Case 28-RD-113966
SUZANNE COHEN
Petitioner
and
UNITE HERE LOCAL 631
Union
ORDER
The Petitioners’ Request for Review of the Regional Director’s Order
Consolidating Cases and Dismissing Decertification Petitions is denied as it raises no
substantial issues warranting reversal of the Regional Director’s action.1 On December
31, 2013, the Regional Director issued a consolidated complaint in related unfair labor
practice proceedings (Cases 28-CA-113793 and 28-CA-115712) alleging violations of
Section 8(a)(5) and (1), including allegations that the Employer unlawfully solicited

1 In their request for review, the Petitioners ask the Board to abandon or substantially modify the Board’s
blocking-charge doctrine. We find it premature to reconsider the blocking-charge doctrine here, in light of
the Board’s solicitation of comments concerning possible changes to the doctrine as part of the Board’s
recent Notice of Proposed Rulemaking regarding representation elections. See 79 Fed.Reg. 7334-7335
(Feb. 6, 2014).
2
support for the decertification petitions, promised benefits if the Union were decertified,
announced to employees that a decertification petition was circulating, discouraged
employees from speaking to Union supporters and representatives, and maintained and
promulgated unlawful access rules, among other unfair labor practices. As the Regional
Director has found merit to the charges that challenge the circumstances surrounding the
decertification petitions, and the alleged conduct, if proven, directly affects the petitions,
the Regional Director properly dismissed the petitions. NLRB Casehandling Manual Part
Two, Section 11730.3(a). The petitions are subject to reinstatement, if appropriate, after
final disposition of the unfair labor practice proceedings.
Accordingly, the Petitioners are made parties in interest to Consolidated Cases 28-
CA-11379 and 28-CA-115712 solely for the purpose of receiving notification of the final
outcome of those cases. See generally NLRB Casehandling Manual Part Two, Section
11733.2(b).
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER
Dated, Washington, D.C., April 16, 2014