Rhode Island Hospitality Ass'n v. City of Providence Ex Rel. Lombardi
667 F.3d 17
1st Cir.2011Background
- Providence adopted Ordinance 467 (amended 2010, Code § 2-18.5) regulating hospitality businesses in the city.
- Trigger: a change in the identity of the hospitality employer at a hotel triggers three-month employee retention by the new employer.
- Retention: employees who worked at least two months prior must be kept for at least three months after operation begins under the new employer, with limits and conditions.
- Conditions: during the three-month period, the new employer may retain only the needed number of employees, discharge for good cause, and set terms/conditions of employment as required by law.
- Exclusions/enforcement: exemptions for certain state/instrumentality facilities; enforcement via state court actions with backpay, treble damages for willful violations, and attorneys’ fees.
- Parties: PRI I (Hilton Providence), PRI XVIII (Westin Providence), and RI Hospitality Association challenged the ordinance; district court denied relief and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Machinists pre-emption | Ordinance risks NLRB successor status and enhances unions. | No immediate pre-emption; risk insufficient to pre-empt. | Not pre-empted under Machinists. |
| Garmon pre-emption | Ordinance regulates conduct arguably protected by NLRA. | Ordinance does not regulate conduct within NLRA protection. | Not pre-empted under Garmon. |
| Equal protection | Ordinance unfairly differentiates Providence hotels from others. | Legislative subject to rational basis; distinctions plausible. | No Equal Protection violation. |
| Contract Clause | Three-month retention impairs existing contracts with unions. | Remains within police powers; no substantial impairment. | No substantial Contract Clause impairment. |
Key Cases Cited
- Fall River Dyeing & Finishing Corp. v. NLRB, 482 U.S. 27 (1987) (successor status and intent to hire from predecessor; limits on state pre-emption)
- Metropolitan Life Ins. Co. v. Massachusetts, 471 U.S. 724 (1985) (minimum labor standards; limits on pre-emption; NLRA policy)
- Fort Halifax Packing Co. v. Coyne, 482 U.S. 1 (1987) (severance pay as a minimum standard; police power)
- Golden State Transit Corp. v. City of Los Angeles, 475 U.S. 608 (1986) (pre-emption when local action intertwines with ongoing labor dispute)
- Chamber of Commerce v. Brown, 554 U.S. 60 (2008) (pre-emption when state law regulates speech about union organizing)
- NLRB v. Burns Int'l Sec. Servs., Inc., 406 U.S. 272 (1972) (successorship doctrine and expectations about hiring from predecessor)
- First Nat’l Maint. Corp. v. NLRB, 452 U.S. 666 (1981) (mandatory subjects of bargaining (wages/hours))
- Metropolitan Life Ins. Co. v. Massachusetts (duplicate), 471 U.S. 724 (1985) (see above)