Bellagio, LLC v. NLRB

Casinos petitioned for review of the Board's order concluding that the casinos violated section 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5), when they refused to bargain with the Union, which represents several non-guard employees of the casinos. The DC Circuit granted the casinos' petitions, denied the Board's cross-applications for enforcement, and vacated the Board's decisions and orders. The court held that, under section 9(b)(3) of the Act, surveillance techs are guards who can be represented only by an all-guard union. The court explained that the techs' day-to-day duties—sensitive ones peculiar to the modern gaming industry—call for them to enforce against coworkers and others the rules that protect the casinos' property and guests. View "Bellagio, LLC v. NLRB" on Justia Law