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Labor – NLRA – Ordinance – Preemption

A city ordinance — requiring that, when there is a change in the identity of a hospitality employer, that employer must retain its predecessor’s employees (subject to some conditions) for a three-month period — is not preempted by the National Labor Relations Act.

Rhode Island Hospitality Association, et al. v. City of Providence (Lawyers Weekly No. 01-312-11) (57 pages) (Lynch, C.J.) (Stahl, J., concurring) (1st Circuit) Appealed from a decision by Lisi, J., in the U.S. District Court for the District of Rhode Island. Robert P. Brooks, with whom Richard R. Beretta, Jeffrey K. Techentin, Avital R. Chatto and Adler, Pollock & Sheehan were on brief, for the plaintiffs-appellants; Anthony F. Cottone, with whom Jeffrey M. Padwa was on brief, for the defendant-appellee; Michael T. Anderson, with whom Murphy Anderson, Amato A. DeLuca, Jeffrey A. Mega and DeLuca & Weizenbaum were on brief, for Hospitality Employees and Community Organizations, amicus curiae (Docket No. 11-1415) (Dec. 2, 2011).

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