National Labor Relations Board v. French International Corporation, D/B/A Hotel Sofitel San Francisco Bay at Redwood Shores

The National Labor Relations Board seeks enforcement of its order directing French International Corporation to bargain with Local Union 340, AFL-CIO, a bargaining unit limited to employees in the housekeeping department of French International’s Hotel Sofitel San Francisco Bay at Redwood Shores. The hotel refuses to bargain with the union because the hotel challenges the validity of the Board’s bargaining unit determination. We enforce the Board’s order.

Congress has entrusted unit determinations to the special expertise of the NLRB. Determining bargaining units “involves of necessity a large measure of informed discretion, and the decision of the Board, if not final, is rarely to be disturbed.” Packard Motor Car Co. v. NLRB, 330 U.S. 485, 491 , 67 S.Ct. 789, 793 , 91 L.Ed. 1040 (1947). The Board need not “choose the most appropriate bargaining unit; it is sufficient if the unit chosen is within the range of units appropriate under the circumstances.” Beck Corp. v. NLRB, 590 F.2d 290 , 292 (9th Cir.1978) (citations omitted). Our review is limited to the determination of whether the NLRB has abused its discretion. NLRB v. Great Western Produce, Inc., 839 F.2d 555, 557 (9th…