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ARTICLE · 26 DECEMBER 2022

No Limits: Board Finds Hotel Improperly Limited Bargaining Subjects

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On December 16, 2022, the National Labor Relations Board ("NLRB" or "Board") issued its decision in Troutbeck Company, LLC d/b/a Brooklyn 181 Hospitality, LLC...

United StatesEmployment and HR
Joshua Fox
Joshua Fox
Megan Childs
Megan Childs
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On December 16, 2022, the National Labor Relations Board ("NLRB" or "Board") issued its decision in Troutbeck Company, LLC d/b/a Brooklyn 181 Hospitality, LLC, among the latest in an eventful string of rulings over the last two weeks. In a 2-1 decision (Chairman McFerran and Member Prouty in the Majority, with Member Ring dissenting), the Board held that Troutbeck Company, LLC ("Company") violated Sections 8(a)(5) and (1) of the National Labor Relations Act ("Act") when it refused to bargain with the New York Hotel and Motel Trades Council, AFL–CIO ("Union") over economic subjects until all non-economic subjects had been resolved.

This case provides an important cautionary tale that engaging in the practice of refusing to negotiate over certain bargaining subjects until other issues are agreed to can violate the Act.

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