The Case of the Chelsea Grand: Card-Check Neutrality, Management Contracts, and The Duties of Owners and Operators. (February 2023)

• Record Type: Journal Article
• Authors: Boone, Christopher; Fanelli, Cecelia L.; Sherwyn, David; Wagner, Paul
• Is Part Of: Cornell hospitality quarterly. Volume 64:Number 1(2023)
• Page Start: 122
• Page End: 133
• Publication Date: 2023-02
• Subjects: labor relations -- human resources -- staffing -- management contracts -- legal issues; Hospitality industry -- Periodicals; Hotel management -- Periodicals; Restaurant management -- Periodicals; 338.4791
• DOI: 10.1177/19389655211040816
• Languages: English
• ISSNs: 1938-9655

Abstract

This article examines the dispute between a hotel owner, operator, and union, and the subsequent litigation. The dispute centered on whether the hotel owner was bound by agreements made between its operator and the union, and whether the operator had a fiduciary duty to the owner. Courts found that the operator was a joint employer of the owner's employees, and as a result, the owner was bound to agreements that the operator had made with the union. The owner, who did not want to be bound to the union agreement, subsequently sued its operator for alleged breach of fiduciary responsibility. The courts ruled that the hotel management agreement between the owner and operator created no agency relationship and thus no fiduciary duty on the part of the operator. We discuss the potential implications of these findings for union-management relations as well as owner-operator relations, with a specific focus on the implications for hotel owners in the labor context.