A hotel that failed to offer union representation to a carpenter for an investigatory interview did not commit an unfair labor practice, because the employee had not affirmatively requested representation, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled.
In vacating a National Labor Relations Board (NLRB) order, the court also ruled that the NLRB had not properly applied the test for mixed-motive termination in finding that the hotel had unlawfully terminated the employee for activity protected under the National Labor Relations Act (NLRA) rather than for alleged workplace misconduct.
