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NEW YORK PARTY SHUTTLE, L.L.C. v. NLRB

No. 20-61072.

18 F.4th 753 (2021)

NEW YORK PARTY SHUTTLE, L.L.C., doing business as Onboard Tours; Washington DC Party Shuttle, L.L.C., doing business as Onboard Tours; Onboard Las Vegas Tours, L.L.C., doing business as Onboard Tours; NYC Guided Tours, L.L.C.; Party Shuttle Tours, L.L.C., Petitioners/Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

Filed: November 22, 2021.

Attorney(s) appearing for the Case

Charles Thomas Schmidt, Esq. , Schmidt Law Firm, Houston, TX, for Petitioner/Cross-Respondent.

Ruth E. Burdick , Deputy Assistant General Counsel, National Labor Relations Board Appellate & Supreme Court Litigation Branch, Usha Dheenan , David S. Habenstreit , Kellie Isbell, Esq. , National Labor Relations Board Appellate & Supreme Court Litigation Branch, Washington, DC, John J. Walsh , National Labor Relations Board, New York, NY, for Respondent/Cross-Petitioner.

Before CLEMENT, SOUTHWICK, and WILLETT, Circuit Judges.

After New York Party Shuttle, LLC ("NYPS") fired Fred Pflantzer for attempting to unionize, the NLRB held an unfair labor practice proceeding. The Board concluded that NYPS committed an unfair labor practice and ordered NYPS to reinstate Pflantzer and make him whole. NYPS appealed the Board's liability finding...

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