Our colleague, Barry A. Guryan at Epstein Becker Green recently posted “Eleventh Circuit Overturns NLRB’S Petition to Seek Injunctive Relief Against Mardi Gras Casino” on the Hosptitality Labor and Employment Law Blog, and we think you’ll be interested.
Following is an excerpt:
In a case recently decided by the U.S. Court of Appeals for the Eleventh Circuit (National Labor Relations Board v. Harman and Tyner Inc., d.b.a. Mardi Gras Casino, Hollywood Concessions, Inc., 2013 U.S. App. LEXIS 7555), the Court affirmed a District Court’s decision to reject the National Labor Relations Board’s (“NLRB”) petition to obtain temporary injunctive relief seeking to reinstate six discharged employees pending the outcome of an administrative hearing brought as a result of a NLRB Complaint brought against Mardi Gras. This is one of a series of recent losses the NLRB has received from a number of courts in its strategy to aggressively prosecute employers, many of which are in the hospitality industry.