Ridgewell's, Inc. v. National Labor Relations Board

Type

Opinion of the Court

Per curiam

Yes — no individual author

Filed

May 17, 2002

Case

Ridgewell's, Inc. v. National Labor Relations Board

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

JUDGMENT PER CURIAM. This cause was heard on the record from the National Labor Relations Board (Board) and on the briefs and arguments of counsel. It is ORDERED that the petition for review be denied and that the cross-application for enforcement be granted. The Board reasonably determined, based on substantial evidence in the record, that the petitioner is a successor employee to Marriott Corporate Services/Thompson Hospitality L.P. because there is continuity of both workforce and enterprise. See CitiSteel USA, Inc. v. NLRB, 53 F.3d 350, 356 (D.C.Cir.1995) (“[T]he obligation of a new employer to recognize a union rests on two preconditions: ‘a majority of the employees must have worked for the predecessor employer, and there must be continuity of operations.’ ”) (quoting United Mine Workers Local 1329 v. NLRB, 812 F.2d 741, 743 (D.C.Cir.1987); id. at 354 (‘We will uphold the NLRB’s successorship determination unless it is not supported by substantial evidence or the Board acted arbitrarily or otherwise erred in applying established law to the facts of the case.”) (citing Fall River Dyeing Finishing Corp. v. NLRB, 482 U.S. 27, 42 , 107 S.Ct. 2225 , 96 L.Ed.2d 22 (1987); Internati…

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