Quality Inn Waikiki v. National Labor Relations Board, National Labor Relations Board v. Quality Inn Waikiki

The Quality Inn Waikiki Hotel (“Quality Inn”) petitions for review of a decision of the National Labor Relations Board (“NLRB” or “Board”) ordering Quality Inn to cease its refusal to bargain in violation of Sections 8(a)(1) and (a)(5) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158 (a)(1), (5) (1982). Quality Inn admits its refusal to bargain with the Culinary and Service Workers Union, Local 555, AFL-CIO (“Local 555”), but argues that Local 555 should not have been certified because of a disqualifying conflict of interest. We have jursidiction under 29 U.S.C. § 160 (e, f) (1982), and we grant the NLRB’s cross-application for enforcement.

FACTUAL AND PROCEDURAL HISTORY

This case revolves around a complex relationship among Arthur Rutledge, his nonprofit corporation, his son Anthony, two hotels, an International Union, and two Locals affiliated with the International. The events surrounding this relationship, all occurring in Hawaii, are not in dispute.

In 1951, Arthur Rutledge founded Unity House as a nonprofit corporation intended to benefit all present and past members and friends of labor. Arthur is, and always has been, the President of Unity House. In 1957,…