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No Timely Appeal Means No Appeal of NLRB Decision
Description Hotel protested decision of NLRB regional director to certify a union to represent one group of employees. Hotel failed to appeal the decision to the NLRB so that later, when the union won the election, the hotel could not appeal to the courts to review the proper certification of the union. When NLRB appeal procedures are not followed, the right of appeal to the courts is lost. (Updated 10-3-97)
Topic Labor Law
Key Words Bargaining Unit, Unfair Labor Practice, NLRB Review
C A S E   S U M M A R Y
Facts In 1992 a union was certified by the NLRB to represent all employees at a Ritz-Carlton Hotel. The union lost the election. In 1996 another union was certified by an NLRB regional director to represent the hotelís engineering department employees. The hotel protested that the 1992 NLRB decision that one union should represent all employees, not one class of employees, was binding and it was improper to certify a union to represent one category of employees. The regional director rejected the protest, allowed the election to go forward, which the union won. The hotel did not appeal the decision of the regional director to the NLRB and, after the election, refused to bargain with the union, which filed an unfair labor practice complaint. The hotel again asserted that the election was invalid because the union should not have been certified. The NLRB held the refusal to bargain to violate the NLRA. The hotel appealed.
Decision Petition for review denied; the order of the NLRB will be enforced. The hotel failed to follow proper appeal procedure within the NLRB. It had to appeal the decision of the regional director within the proper time or all subsequent rights of appeal were lost.
Citation Ritz-Carlton Hotel v. NLRB, ---F.3d--- (1997 WL 526319; 3rd Cir.)
or
123 F.3d 760 (3rd Cir., 1997)

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