United States Second Circuit

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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

Counsel

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