Ambassador Services, Inc. v. National Labor Relations Board

Filing

Opinion issued by court as to Petitioner-Cross Respondent Ambassador Services, Inc.. Decision: Affirmed. Petition for review DENIED, The Board's cross-petition for enforcement of its order in full is GRANTED. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions. (14-15533X)

Case: 14-15341

Date Filed: 11/17/2015

Page: 1 of 3

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 14-15341
Agency No. 12-CA-26758

AMBASSADOR SERVICES, INC.,
Petitioner-Cross Respondent,
versus
NATIONAL LABOR RELATIONS BOARD,
Respondent-Cross Petitioner.

Petition for Review of a Decision of the
National Labor Relations Board
(November 17, 2015)
Before HULL and WILSON, Circuit Judges, and MARTINEZ, * District Judge.
PER CURIAM:

*

Honorable Jose E. Martinez, United States District Judge for the Southern District of
Florida, sitting by designation.

Case: 14-15341

Date Filed: 11/17/2015

Page: 2 of 3

We vacate our previous opinion, filed on November 12, 2015, and substitute
this opinion in its place.
Ambassador Services, Inc. (“Ambassador”) petitions this Court for review of
the National Labor Relations Board’s Decision and Order, which found
Ambassador in violation of Sections 8(a)(1) and 8(a)(5) of the National Labor
Relations Act (the “NLRA”), 29 U.S.C. §§ 158(a)(1), (5). The Board crosspetitions for enforcement of its order.
On appeal, Ambassador claims that substantial evidence did not support the
Board’s decisions that
•

John Martin was not a statutory supervisor;

•

Donnie May’s conduct violated NLRA § 8(a)(1);

•

Ambassador’s safety rule prohibiting “walking off the job”
violated NLRA § 8(a)(1);

•

Ambassador did not establish that a majority of employees
signed the decertification petition; and

•

Ambassador unlawfully failed and refused to recognize and
bargain with the Union.

After oral argument and careful consideration of the entire record and all of the
merits issues, we conclude that substantial evidence supported the Board’s
determinations. Thus, we affirm the Board’s decision and grant the Board’s
petition for enforcement.

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Case: 14-15341

Date Filed: 11/17/2015

Page: 3 of 3

For the foregoing reasons, we DENY Ambassador’s petition for review and
GRANT the Board’s cross-petition for enforcement of its order in full.

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