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Labor Law
Unfair Labor Practices

Hacienda Hotel Inc. Gaming Corp. dba Hacienda Resort Hotel and Casino and Sahara Nevada Corp. dba Sahara Hotel and Casino and Local Joint Executive Board of Las Vegas, Culinary Workers Union Local 226, and Bartenders Union Local 165

Published: Apr. 2, 2016 | Result Date: Sep. 10, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 28–CA–013274; 28–CA–013275 Bench Decision –  Cease and Desist

Court

NLRB


Attorneys

Respondent

Stephen R. Lueke
(Ford & Harrison LLP)

Norman H. Kirshman


Facts

The Local Joint Executive Board of Las Vegas Culinary Workers Union, Local 226 and Bartenders Union, Local 165, filed a complaint before the National Labor Relations Board against Hacienda Resort Hotel and Casino and Sahara Hotel and Casino, for alleged violations of the National Labor Relations Act.

Contentions

CHARGING PARTIES' CONTENTIONS:
Respondents allegedly violated Section 8(a)(5) and (1) of the Act by unilaterally ceasing dues checkoff after expiration of the parties' collective bargaining agreements without first bargaining to an agreement or impasse.

RESPONDENTS' CONTENTIONS:
Respondents denied violating the Act.

Result

Thought the Board initially found no violation of the Act, the Ninth Circuit vacated the Board's decision and remanded it for further consideration. Ultimately, the court found that respondents violated the Act and again remanded the case back to the Board. The Board ultimately agreed with the court's determination and ordered respondents to, among other things, cease and desist from unilaterally ceasing dues checkoff without first bargaining to impasse.

Other Information

COMMISSIONERS: Philip A. Miscimarra, Lauren McFerran.


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