Equity Hospitality Management Co.

National Labor Relations Board - Board Decisions

Mar 17, 2016

07-CA-120059 (N.L.R.B. Mar. 17, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EQUITY HOSPITALITY MANAGEMENT CO.
and Cases 07-CA-120059
07-CA-125218
LOCAL 24, UNITE HERE, AFL-CIO 07-CA-134769
ORDER DENYING MOTION AND REMANDING1
Upon charges and amended charges filed by Local 24, UNITE HERE, AFL-CIO, the
Union, the General Counsel issued a consolidated amended complaint on November 26,
2014, against Equity Hospitality Management Co., the Respondent, alleging that it has
violated Section 8(a)(3) and (1) of the Act.2 The Respondent failed to file an answer.
On March 9, 2015, the General Counsel filed with the National Labor Relations
Board a Motion to Transfer Case to the Board and for Default Judgment. Thereafter, on
March 11, 2015, the Board issued an order transferring the proceeding to the Board and a
Notice to Show Cause why the motion should not be granted. The Respondent did not file
a response.
The Motion for Default Judgment includes a certificate of service. That certificate
certifies that the motion was filed on two parties of record: Amy Bachelder, who is listed in
the case file as the legal representative for the Union, and Theodore R. Opperwall, who is

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The charges and complaint in this proceeding, and the amendments thereto, also alleged
unlawful conduct by MCM Staffing Hospitality, LLC (MCM) and Pontchartrain Detroit Hotel
LLC (Pontchartrain) as joint employers with the Respondent, doing business as Crowne
Plaza Hotel Detroit Convention Center. On January 9, 2015, MCM and Pontchartrain
executed an Informal Settlement Agreement remedying all of the allegations in the
consolidated amended complaint, which was approved by the Regional Director for Region
7 on January 30, 2015. On that same date, the Region issued an order severing the
allegations pertaining to the Respondent from the allegations pertaining to MCM and
Pontchartrain.
2
listed in the case file as the legal representative for MCM Staffing Hospitality, LLC and
Pontchartrain Detroit Hotel LLC. The certificate of service does not indicate that the
Motion for Default Judgment was served on Equity Hospitality Management Co., the sole
remaining respondent in this proceeding.
The Board’s rules require that all motions be accompanied by an affidavit of service
on the parties. NLRB Rules and Regulations § 102.24(a). Because the certificate of
service does not show service of the motion on the Respondent, and in the absence of any
evidence in the record of such service, the motion may not be granted.3
Accordingly, we deny the General Counsel’s Motion for Default Judgment, without
prejudice to the motion being refiled, with proof of service on Respondent Equity
Hospitality Management Co. and all other parties to this proceeding.
IT IS ORDERED that this proceeding is remanded to the Regional Director for
Region 7 for further appropriate action.
Dated, Washington, D.C., March 17, 2016
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER

3 Based on his evaluation of the record, Member Miscimarra notes there may also be
deficiencies regarding service on Respondent Equity Hospitality Management Co. (Equity)
of the original and amended complaints in this matter; it appears that Equity was not a
participant in this litigation when Respondents MCM and Pontchartrain entered into a
settlement resolving all disputed matters relating to them; and by the time the original and
consolidated complaints were issued, Equity was no longer affiliated with MCM or
Pontchartrain. In Member Miscimarra’s view, to the extent the General Counsel addresses
any service issues as to Respondent Equity that pertain to the Motion for Default
Judgment, the General Counsel would be well-advised to address any similar service
issues that may pertain to the complaint(s) or other documents relevant to the claims
against Equity.