Judge Orders Red Rock Casino Resort & Spa to Bargain with Union to Remedy Serious and Pervasive Unlawful Conduct
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Las Vegas, Nevada — On April 12, 2022, National Labor Relations Board Administrative Law Judge Jeffrey D. Wedekind issued a decision and recommended order finding that, during a campaign by the Las Vegas-based Culinary Union to represent its employees, Red Rock Casino Resort & Spa engaged in unfair labor practices so serious and pervasive that they made a free and fair union election highly unlikely, which warranted a bargaining order, along with other remedies.
Judge Wedekind found that, even though the Culinary Union had obtained signed union authorization cards from 60 percent of Red Rock’s employees in the bargaining unit it sought to represent, it lost an NLRB-conducted union election following Red Rock’s unfair labor practices, which were flagrant and pervasive. The Judge found that Red Rock had committed over 20 unfair labor practices in violation of the Act including: granting its employees “huge,” “incredible,” and “unheard of” new “free” healthcare, medical, and retirement benefits specifically designed to “devastate” the union organizing and election campaign; repeatedly threatening employees with loss of the new benefits and other reprisals if they voted for the Union; promising them even more benefits if they voted against the Union; and indicating that voting for the Union would be futile. This conduct occurred during the critical period between petition filing and election, in pre-election antiunion captive audience meetings and other meetings and huddles, and on antiunion postings and fliers.
Judge Wedekind determined that, because of the nature of Red Rock’s hallmark violations, the commission of many of those violations by senior executives, and the dissemination of the violations to all employees the Culinary Union was seeking to represent, it is “highly unlikely that the Board’s traditional cease and desist and affirmative remedies would be adequate.” The Judge therefore ordered that Red Rock recognize and bargain with the Culinary Union, consistent with the Supreme Court’s decision in NLRB v. Gissel Packing Co., Inc., 395 U.S. 575 (1969). The Judge also ordered a public reading, in English and Spanish, of a notice advising Red Rock’s employees that Red Rock will refrain from engaging in like or related unfair labor practices and will take certain remedial affirmative actions, including recognizing and bargaining with the Culinary Union.
Absent an extension of time, any exceptions to the Judge’s decision must be filed within 28 days of the transfer to the Board. Sara Demirok and Kyler Scheid of the NLRB’s Region 28 and Carmen Leon of the NLRB’s Region 20 litigated the matter on behalf of the NLRB’s General Counsel.
“I’m pleased that Judge Wedekind ordered appropriate remedies against these egregious violations of the National Labor Relations Act,” said NLRB Region 28’s Regional Director Cornele Overstreet. “Workers’ rights to collectively bargain must be vigorously protected and this bargaining order will allow the Red Rock workers to exercise those rights. I’m proud of the team of NLRB staff that worked on this case from investigation to trial and achieved these excellent results.”
Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year. Region 28 serves areas in Arizona, Nevada, New Mexico, and Texas from its Regional Office in Phoenix and its Resident Offices in Albuquerque and Las Vegas.