Region 31 complaint seeks full remedies against restaurant for failing to bargain in good faith with the union

On Wednesday, October 6, 2021, the Region 31-West Los Angeles office of the National Labor Relations Board (NLRB) issued a complaint against The Daily Grill, alleging that the restaurant failed to bargain in good faith with the union over an initial collective bargaining agreement, as is required by Section 8(a)(5) of the National Labor Relations Act.  

Located within the Westin Los Angeles Airport hotel, the Daily Grill is a restaurant serving guests traditional American fare, such as steaks, shrimp, and pasta.  In July 2018, the Union was certified by Region 31 as the collective bargaining representative of a wall-to-wall unit of non-supervisory workers employed at the restaurant.  Following a request for review by the Employer, the Board upheld the certification in June 2019.  Since November 2019, the Employer and Union, UNITE HERE Local 11, have been engaged in negotiations for an initial collective bargaining agreement.

The complaint alleges that from November 13, 2019 through December 11, 2020, the Employer engaged in a pattern of delay intended to frustrate the bargaining process.  It further alleges that since December 11, 2020, the Employer has refused to meet and bargain with the Union altogether.

To fully remedy the impact of this alleged failure to bargain in good faith, the complaint seeks remedies that would require the Employer to bargain in good faith with the Union for a minimum of 24 hours a month (for at least six hours per session) until a collective-bargaining agreement or lawful impasse is reached; submit monthly progress reports to the Region with copies to the Union; reimburse the Union for its bargaining expenses from November 19, 2019, through the time when the Employer begins bargaining in good faith; cease and desist from violating the NLRA in any other manner; and to post and read to the employees an NLRB Notice containing both cease-and-desist provisions as well as affirmative actions to be taken by the Employer. 

Regional Director Mori Rubin noted, “The duty to bargain in good faith is one of the core principles of the Act. Violations of the fundamental right of employees to bargain collectively through representatives of their own choosing are particularly problematic, during the delicate time when parties seek to negotiate an initial collective bargaining agreement. The remedies sought in this case are intended to restore employees to the position they were in before the alleged unlawful conduct and are consistent with the General Counsel’s initiative seeking all appropriate remedies needed to address the bargaining violations alleged.”

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year. Region 31 serves areas in California from its Regional Office in Los Angeles.