Hotel and Restaurant Employees and Bartenders Union, Local 2 v. National Labor Relations Board, and Lord Jim's, Intervenor

Hotel and Restaurant Employees and Bartenders Union, Local 2 (Local 2) appeals from the order of the National Labor Relations Board (Board) dismissing the Local’s complaint that Lord Jim’s violated 29 U.S.C. §§ 158 (a)(1) and (5) by refusing to bargain in good faith.

A preliminary question is whether Local 2 filed with the Board timely exceptions to the Administrative Law Judge’s decision so as to give the Board jurisdiction. The undisputed facts are that the General Counsel of the Board took timely exceptions; and that within the allotted time Local 2 adopted those exceptions. On those facts the Board decided that it had jurisdiction of Local 2’s request for review. We hold that the Board did not err in so deciding. The Board’s decision as to whether adverse parties and the Board itself were given timely notice is one which was obviously reasonable. We unhesitatingly defer to it.

The principal question presented is whether the Board erred in finding that there was no “continuity-of-representation” between six constituent locals and Local 2 into which they had merged, and hence that the original duty owing from Lord Jim’s to bargain with the six constituent unions did not become…