Island Hospitality Management II, LLC d/b/a Hampton Inn – Long Island Brookhaven

National Labor Relations Board - Unpublished Board Decisions

Nov 21, 2019

29-RC-235501 (N.L.R.B. Nov. 21, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ISLAND HOSPITALITY
MANAGEMENT II, LLC
d/b/a HAMPTON INN-
LONG ISLAND BROOKHAVEN
Employer
and Case 29-RC-235501
NEW YORK HOTEL & MOTEL
TRADES COUNCIL, AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Order and
Certification of Representative is denied because it raises no substantial issues warranting
review.1 The Employer’s request for extraordinary relief is denied as moot.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., November 21, 2019.

1 We reject the Employer’s argument, raised for the first time in its Request for Review,
that the Hearing Officer’s credibility determinations were not in fact demeanor-based. This issue
was not properly presented to the Board. See Board Rules and Regulations, Sec. 102.67(e)
(“Such request may not raise any issue or allege any facts not timely presented to the Regional
Director.”). Even if the issue were properly before the Board, the Hearing Officer stated that her
credibility determinations were, at least in part, demeanor-based, and her discussion of her
credibility resolutions bears out this statement. In any event, the Board’s established policy is
not to overrule a hearing officer’s credibility resolutions unless the clear preponderance of all the
relevant evidence convinces us that they are incorrect. Stretch-Tex Co., 118 NLRB 1359, 1361
(1957). We have carefully examined the record and find no basis for reversing the findings.