Pacific Micronesia Corporation v. National Labor Relations Board

Argued February 14, 2000 On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board Opinion for the Court filed by Circuit Judge Ginsburg. The National Labor Relations Board held that Pacific Micronesia Corporation, d/b/a DaiIchi Hotel Saipan Beach, violated §§ 8(a)(1) & (5) of the National Labor Relations Act, 29 U.S.C. § 151 et seq., by refusing to bargain with or provide information to the Commonwealth Labor Federation and the Hotel Employees & Restaurant Employees, Local 5, AFL-CIO (collectively, the Union). Dai-Ichi claims it need not deal with the Union because the Board improperly defined the bargaining unit for which it was certified and because the election of the Union as the employees' bargaining representative was invalid. We agree with Dai-Ichi that the representation election was invalid. Without resolving the unit determination issue, therefore we grant the Company's petition for review and deny the Board's cross-application for enforcement.