South Bay Management, Inc. v. Unite Here Local 26

Filing 920091112

Opinion

var gAgent = navigator.userAgent.toLowerCase()
var gWindows = ( (gAgent.indexOf( "win" ) != -1 ) || ( gAgent.indexOf( "16bit" ) != -1 ) )
var gIE = ( gAgent.indexOf( "msie" ) != -1 )
var bInlineFloats = ( gWindows && gIE && ( parseInt( navigator.appVersion ) >= 4 ) )
var floatwnd = 0

var WPFootnote1 = '                   Of the Federal Circuit, sitting by designation.\
'

var WPFootnote2 = '                   As represented by South Bay in its Complaint, it is the\
successor management company to Jiten Hotel Management, Inc. and\
currently operates the Courtyard by Marriott Hotel located in South\
Boston, Massachusetts. Complaint at 1 ¶2, South Bay Boston Mgmt.,\
Inc. v. Unite Here, Local 26, No. 08-cv-11492-EFH (D. Mass. Aug.\
29, 2008). South Bay further represents that it became the\
successor management company on July 1, 2005. Id. at 6 ¶22. Jiten\
Hotel Management is not a party to this appeal. On the record\
before us, it is unclear precisely what the relationship is between\
the two management companies. It is undisputed, however, that\
South Bay has stepped into the shoes of Jiten Hotel Management and\
has assumed all rights and obligations relevant to this appeal. \
Accordingly, all references in this opinion will be made to “South\
Bay,” even when actions may initially have been taken by Jiten\
Hotel Management.\
'

var WPFootnote3 = '                   An earlier motion to this court by South Bay to stay\
arbitration proceedings was denied. Arbitration has proceeded in\
parallel with this appeal. The parties’ controversy remains\
active, as no arbitration decision has yet issued and the parties\
have not yet entered into a collective bargaining agreement.\
'

var WPFootnote4 = '                   There is no argument made here that the City was acting\
as proprietor, rather than regulator. Cf. Building & Construction\
Trade Council v. Associated Builders & Contractors, 507 U.S. 218,\
226–28 (1993) (identifying a “distinction between government as\
regulator and government as proprietor” for purposes of preemption\
analysis).\
'

function WPShow( WPid, WPtext )
{
if( bInlineFloats )
eval( "document.all." + WPid + ".style.visibility = 'visible'" );
else
{
if( floatwnd == 0 || floatwnd.closed )
floatwnd = window.open( "", "comment", "toolbars=0,width=600,height=200,resizable=1,scrollbars=1,dependent=1" );
floatwnd.document.open( "text/html", "replace" );
floatwnd.document.write( "\r\n" );
floatwnd.document.write( " p { margin-top:0px; margin-bottom:1px; } \r\n" );
floatwnd.document.write( "\r\n" );
floatwnd.document.write( WPtext );
floatwnd.document.write( 'Close');
floatwnd.document.write( "