D.C. Circuit Remands Hotel Certification Decision And Reminds Board To Explain Its Reasoning

On October 23, 2020, the D.C. Circuit granted Davidson Hotel Company's petition for review of unfair labor practices resulting from its refusal to bargain with two newly-certified bargaining units, and denied the NLRB's cross-petition for enforcement of an order to engage in collective bargaining with those units.

The Circuit also remanded the underlying unit certification decision to the Board, noting that the NLRB failed to persuasively distinguish relevant precedent presented by the employer and otherwise address the employer's valid arguments.

Background

The Union initially petitioned the Regional Director to certify a single bargaining unit of hotel employees comprised of housekeeping and food and beverage employees—but excluding front desk employees. The Regional Director first considered whether the employees in the petitioned-for unit share a "community of interest," and then if so, whether the proposed unit "share[s] a community of interest