NLRB v. HQM of Bayside, LLC, 4th Cir. Mar. 10, 2008
06-2253 Application for Enforcement NLRB v. HQM of Bayside, LLC
Published opinion after argument: Application for enforcement granted
National Labor Relations Board 5-CA-30964
Before WILLIAMS, Chief Judge, MOTZ, Circuit Judge, and HAMILTON, Senior Circuit Judge.
WILLIAMS, Chief Judge: After finding that HQM of Bayside (”Bayside”) unlawfully withdrew recognition from a union, the National Labor Relations Board (the “Board”) petitioned this court to enforce its order against Bayside. The Board maintains that because the union had not lost majority support, Bayside’s unilateral withdrawal of recognition from (and subsequent refusal to bargain with) the union violated Sections 8(a)(1) and (5) of the National Labor Relations Act (the “Act”), 29 U.S.C.A. § 158(a)(1) & (5) (West 1998 & Supp. 2007). Because we conclude that substantial evidence supports the Board’s findings, we grant the Board’s application for enforcement.
In addition, Bayside argues that the Board abused its discretion in imposing an affirmative bargaining order. We lack jurisdiction to consider this challenge, however, because Bayside failed to raise it before the Board. … NLRB v. HQM of Bayside, LLC
