1. Discuss the burden of proof in this case. Wingfield Hotel operates a 250-room downtown hotel in Santa Fe.

The Company recognized the Union in 2007, pursuant to a card-check agreement.

The parties had negotiated, but not yet executed, a collective bargaining agreement.

The Company markets itself as providing an alternate hotel experience referred to as

‘‘Wonderland’’ where guests can fulfill their

‘‘fantasies and desires’’ and get ‘‘whatever

[they] want whenever [they] want it.’’ To further the hotel’s hoped-for ambience, it commissions special uniforms for its public-contact employees in order to achieve a trendy, distinct, and chic look. During the first 11 months of 2006, the Company spent $28,000 to purchase new uniforms and spent $60,000 to clean these uniforms. The Company’s 2006 budget included

$100,000 to replace all existing uniforms. The list price of the in-room dining server uniform T-shirt is $28.49. As part of their uniform, employees must wear a small (½ inch) ‘‘W’’ pin on the upper left chest. The Wingfield attire policy prohibits all other uniform adornments, including sweatbands, scarves worn as belts, and professional association pins