Hotel, Motel & Restaurant Employees & Bartenders Union Local No. 19 v. National Labor Relations Board

We review the NLRB decision that Burger Pits, Inc., did not violate sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1) and 158(a)(5) (1982), by withdrawing recognition from and refusing to bargain with the Hotel, Motel, Restaurant Employees and Bartenders Union, Local 19 (Union). The Union asks us- to review (1) whether the NLRB correctly applied the law regarding the presumption of continuing majority support for a union and an employer’s good faith doubt of that support and (2) whether the NLRB’s finding that Burger Pits had a good faith reasonable doubt of the Union’s continuing support is sustained by substantial evidence in the record. We find that the NLRB correctly applied the law and that the record supports its findings of fact.

I. FACTS

Hotel, Motel, Restaurant Employees and Bartenders Union, Local 19 (Union) represented Burger Pits employees. Burger Pits entered into successive collective bargaining agreements with the Union, the most recent of which was effective through May 31, 1980. On May 29, 1980, Burger Pits and the Union agreed to extend the contract through June 30, 1980.

Under the contract, Union representatives had the…