Seven Seventeen HB Denver Corporation, d/b/a Adam's Mark Hotel - Decision Summary

Seven Seventeen HB Denver Corporation, d/b/a Adam's Mark Hotel (27-CA 13800; 325 NLRB No. 91) Denver, Colo. March 31, 1998. The Board affirmed the administrative law judge's findings that the Respondent violated Section 8(a)(3) and (1) of the Act by refusing to hire eight individuals because they were affiliated with the Union and/or in order to avoid having to recognize and bargain with the Union; violated Section 8(a)(4) and (1) by refusing to hire A.J. Hamlin because the Union had filed charges against the Respondent with the Board; and violated Section 8(a)(1) by interrogating employee-applicants about their union membership. The judge found, and the Board agreed, that the Respondent did not violate Section 8(a)(1) and (3) by refusing to hire employee Robert Schlauder because the Respondent met its burden of proving that it would not have hired him even in the absence of his protected activity.

Charge filed by Operating Engineers IUOE Local 1; complaint alleged violations of Section 8(a)(1) and (3). Hearing at Denver, April 22-26, 1996. Decision issued by Adm. Law Judge Jay R. Pollack, Oct. 30, 1996.