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RESORTS INTERN. HOTEL CASINO v. N.L.R.B.

Nos. 92-3557 and 92-3625.

996 F.2d 1553 (1993)

RESORTS INTERNATIONAL HOTEL CASINO, Petitioner in No. 92-3557, Respondent in No. 92-3625, v. NATIONAL LABOR RELATIONS BOARD, Respondent in No. 92-3557, Petitioner in No. 92-3625, and Local 54 of the Hotel Employees and Restaurant Employees International, AFLCIO, Intervenor-Respondent/Petitioner.

United States Court of Appeals, Third Circuit.

Decided July 1, 1993.

Attorney(s) appearing for the Case

Howard R. Flaxman, (argued), Blank, Rome, Comisky & McCauley, Philadelphia, PA, for Resorts Intern. Hotel Casino.

Paul J. Spielberg, Deputy Asst. Atty. Counsel, David Seid, Atty., John D. Burgoyne (argued), Jerry M. Hunter, Gen. Counsel, Yvonne T. Dixon, Acting Deputy Gen. Counsel, Nicholas E. Karatinos, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, National Relations Bd., Washington DC, for NLRB.

James Katz (argued), Tomar, Simonoff, Adourian & O'Brien, Haddonfield, NJ, for Local 54.

Before: COWEN, ROTH, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The narrow question presented by this appeal is whether an employer must disclose the identity of a complaining customer to a union when a union member is subjected to disciplinary proceedings based on the customer's complaint. The employer in this case, Resorts International Hotel Casino (Resorts), received separate verbal complaints from two of its customers regarding the job performance of two of its cocktail...

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