No pause: Red Rock Casino will have to bargain with the culinary union


US Supreme Court denied Red Rock Casino’s emergency request to temporarily block a lower court order requiring the Las Vegas property to recognize and negotiate with Culinary Union Local 226.

No emergency application

Chief Justice John Roberts rejected the emergency application on Friday, September 4. Red Rock, which is wholly owned by Station Casinos LLC, asked the Supreme Court to stay the order requiring the casino to comply with the National Labor Relations Board (NLRB) ruling while the company seeks further review.

The decision follows a Supreme Court ruling on August 31. US Court of Appeals for the District of Columbia Circuit. The appeals court ordered Red Rock to acknowledge and negotiate in good faith with the Culinary Union and to post notices informing employees of their rights under federal labor law.

Station Casinos said it will comply with the court’s order while continuing to challenge the NLRB’s underlying decision.

“While Station Casinos will comply with any court order, we continue to object to the National Labor Relations Board’s decision,” a company spokesperson said.

Controversy arose over the 2019 union elections

The dispute arose from the union election at Red Rock Casino in December 2019, when employees voted against union representation, but the NLRB later found that Station Casinos interfered with the process by introducing improved employee benefits shortly before the election.

The company says the benefits were part of a broader strategy that began before the Culinary Union attempted to represent Red Rock employees.

In its filing to the Supreme Court, Station Casinos said the improved benefits program was aimed at strengthening staff at 10 Las Vegas hotels, denying it was intended as an attempt to influence the Red Rock vote.

According to company documents, the introduction of benefits began on November 19, 2019. Two days later, the union representing workers at seven other Station Casinos properties filed petitions to represent some Red Rock employees.

In an election held about a month later, the union lost votes, prompting a crackdown by the NLRB. unfair labor practice allegationsarguing that the timing of the benefit increases unlawfully influenced the election.

Two years later, in 2022, the NBRB determined that it would be unreasonable to expect fair elections to take place on the company’s premises given the alleged interference.

The agency eventually published negotiation order ask Red Rock to recognize the union despite the employee vote.

The order is based on a 1969 Supreme Court decision. NLRB v. Gissel Packing Co.which established circumstances under which the NLRB can require an employer to negotiate with a union even without a successful union election, known as Gissel orders.

No success for Red Rock

Red Rock has attempted to challenge the NLRB’s decision in federal court, but has so far been unsuccessful. The D.C. District Court denied the company’s motion for reconsideration in June and granted the order to negotiate.

The Full Court of Appeal rejected the request for a rehearing on 6 August. The D.C. District Court also rejected Red Rock’s Aug. 24 request to stay the mandate while the company sought Supreme Court review.

Station Casinos then appealed to the Supreme Court, arguing that the mandate should be stayed because it effectively overturned what the company called a clear vote by Red Rock employees against union representation.

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