Discovery Cove Cited for Federal Labor Law Violation

The National Labor Relations Board (NLRB) has found that Discovery Cove, an Orlando marine park, violated federal labor law by refusing to recognize and bargain with a union representing its divers. The ruling, issued on July 22 (per Attractions Magazine), mandates the company to formally acknowledge its transgression and begin good-faith negotiations with the certified union, according to the NLRB decision.

Specifically, the NLRB determined that Discovery Cove unlawfully declined to bargain with the International Union of Operating Engineers Local 30 after the union's certification (per Attractions Magazine). The park also failed to provide crucial information requested during bargaining, including wage histories and performance review procedures (per Attractions Magazine), as detailed in the NLRB's decision.

As part of its order, the NLRB has directed Discovery Cove to recognize the union and commence bargaining in good faith. The company must also furnish the requested information to the union. Furthermore, the NLRB ordered Discovery Cove to post a notice in conspicuous employee areas where workplace notices are customarily posted (per Attractions Magazine), and distribute it electronically if the company typically communicates with employees through electronic means (per Attractions Magazine), informing staff of the federal labor law violation. This notice, which is not intended for guests, must begin with the statement, "The National Labor Relations Board has found that we violated Federal labor law and has ordered us to post and obey this notice," (per Attractions Magazine) and remain displayed for 60 consecutive days, with posting required within 14 days of the order, as specified by the NLRB.

Divers and dive technicians at both Discovery Cove and its sister park, Aquatica, unanimously voted to unionize in 2025, affiliating with the International Union of Operating Engineers Local 30, as reported by Attractions Magazine. This vote established the first unionized employee group at any of Orlando's major theme parks. Following certification, the union contended that management subsequently delayed negotiations, according to the International Union of Operating Engineers Local 30.

Discovery Cove challenged the composition of the bargaining unit and presented several procedural and constitutional arguments in its defense. However, the NLRB rejected all of these claims, as outlined in its decision and reported by Attractions Magazine. Refusing to bargain after a union's certification is a common procedural strategy for employers to challenge NLRB election rulings, as such rulings are not directly subject to federal appellate review, allowing companies to exhaust legal avenues to contest representation before being compelled to negotiate.

Discovery Cove is part of United Parks & Resorts, which also operates SeaWorld Orlando, Busch Gardens, and Aquatica. United Parks & Resorts is currently navigating other high-profile legal challenges. This includes a lawsuit from the U.S. Department of Justice alleging that the company's policy prohibiting guests from using wheeled walkers with seats (rollators) violates the Americans with Disabilities Act, according to the Justice Department's lawsuit and Attractions Magazine. The company is also defending against a lawsuit filed by Sesame Workshop, which claims a breach of its licensing agreement for Sesame Street attractions due to unpaid royalties, as indicated by the Sesame Workshop lawsuit and Attractions Magazine.

The unionization efforts at Discovery Cove align with a broader trend of increased labor organizing in the entertainment and service industries, even in Florida, a state where approximately 6 percent of the total workforce is represented by a union. The International Union of Operating Engineers Local 30, which historically operated primarily in New York and Connecticut, has expanded its organizing initiatives to Florida, as reported by Attractions Magazine. Separately, security guards at SeaWorld Orlando also successfully unionized with the International Union of Security, Police and Fire Professionals of America in March 2025, according to Attractions Magazine.