US District Court Issues Temporary Injunction and Requires Meadowlands View Hotel to Bargain with Union
Newark, NJ – Last week, the United States District Court for the District of New Jersey granted the National Labor Relation Board Region 22’s request for temporary injunctive relief and issued an order requiring Arbah Hotel Corporation (the Employer) to recognize and bargain with the New York Hotel and Motel Trades Council, AFL-CIO (the Union).
Arbah Hotel operates the Meadowlands View Hotel in North Bergen, New Jersey and is party to a collective-bargaining agreement with the Union. The bargaining unit includes room attendants, porters, drivers, maintenance, cooks, waiters, waitresses, and dishwashers, among others.
On February 29, 2020, the Employer discharged the entire bargaining unit and subcontracted their work. It told the employees that the Union was to blame for their discharges, and it refused to bargain with the Union about the discharges and the subcontracting. The Employer also withdrew its recognition from the Union, refused to engage in negotiations for a successor agreement, and refused to provide the Union with information relevant to its ability to represent the discharged employees. An administrative law judge held a hearing to consider the allegations in January 2021 but has yet to issue a ruling.
Arbah Hotel Corporation has a history of labor violations. In February 2021, the Third Circuit Court of Appeals enforced a 2019 National Labor Relations Board Decision and Order finding that the Arbah Hotel unlawfully discharged a Union supporter, ceased to make contractually required health insurance contributions, denied Union representatives access to its facility, bypassed the Union, and refused to bargain.
In March 2021, the Board authorized the Region to seek injunctive relief. Although the Employer claims to have closed the hotel around April 1, 2021, the United States District Court issued an order granting the injunctive relief and requiring the Employer to recognize and bargain with the Union over a successor collective bargaining agreement and over the terms of a preferential hiring list. The order also requires the Employer to offer reinstatement to the unit employees as their positions become available, provide the information requested by the Union, mail the court order to the unit employees, and to post the court order when the hotel reopens.
“This injunction serves as a reminder to employers with a unionized workforce that they must honor their bargaining obligations,” said Eric Schechter, Acting Regional Director for Region 22. “This was a complete team effort and the work of NLRB employees in Headquarters and field offices must be recognized, including NLRB Region 22 Field Attorneys Sharon Chau and Chevella Brown-Maynor, and Region 22 Supervisory Attorneys Laura Elrashedy and Julie Kaufman. Their work and dedication ensure that employees’ rights under the National Labor Relations Act are vigorously protected.”