United States Second Circuit
Paulsen v. Remington Lodging & Hospitality, 13‐2775
Denial of a petition for an injunction prohibiting hotelier-defendant from engaging in unfair labor practices and ordering the immediate reinstatement of certain discharged employees is affirmed in part and reversed in part, where: 1) of the thirty-seven eligible housekeeping employees identified in the original petition, all have now been offered reinstatement with Remington, and nothing indicates that the non-returning employees would return if an injunction were issued; 2) a cease and desist order prohibiting the unfair labor practices identified in the complaint has been issued; 3) an injunction is therefore not "just and proper" at this time as it cannot restore the status quo as it existed prior to the unfair labor practices; and 4) the court failed to consider employee Lociacono, however, who was discharged for her support of union organizing, and who was not a housekeeping employee and therefore did not receive an offer of re-employment.
Appellate Information
- Decided 12/12/2014
- Published 12/12/2014
Judges
- Parker
Court
- United States Second Circuit