Section 9 Fairmont Hotel (1986)?National Labor Relations Board Resolves Conflicts by Weighing the Strength of Each Party?s Claim

• Library: Employer-Employee Law 2008

In Fairmont Hotel Co., 282 N.L.R.B. 139 (1986), the NLRB attempted to apply a balancing test to resolve conflicts between private property rights and NLRA § 7, 29 U.S.C. § 157, rights by looking to which parties’ claims were more compelling. Only if the claims were relatively equal would the availability...