Caesars Entertainment Corporation d/b/a Rio All-Suites Hotel and Casino

National Labor Relations Board - Unpublished Board Decisions

Aug 12, 2011

28-RC-006747 (N.L.R.B. Aug. 12, 2011)

NOT INCLUDED IN LBH
BOUND VOLUMES Las Vegas, NV
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CAESAR’S ENTERTAINMENT CORPORATION
d/b/a RIO ALL-SUITES HOTEL AND CASINO
Employer
and Case 28-RC-006747
INTERNATIONAL UNION OF PAINTERS
AND ALLIED TRADES, DISTRICT
COUNCIL 15, LOCAL 159
Petitioner
DECISION AND DIRECTION OF SECOND ELECTION
The National Labor Relations Board, by a three-member
panel, has considered objections to an election held on January
5, 2011, and the hearing officer’s report recommending
disposition of them. The election was conducted pursuant to a
Stipulated Election Agreement. The tally of ballots shows 2
votes for and 4 against the Union, with no challenged ballots.
The Board has reviewed the record in light of the
exceptions and briefs and has adopted the hearing officer’s
findings1 and recommendations only to the extent consistent with
this Decision and Direction of Second Election.

1 In the absence of exceptions, we adopt pro forma the
hearing officer’s recommendation to overrule the Union’s
Objections 2 and 4.
2
The hearing officer recommended sustaining the Union’s
Objection 3, alleging that the Employer interfered with the
election by promising wage increases and 401(k) contributions
during the critical period. At a meeting attended by all
bargaining-unit employees 2 days before the election, the
Employer promised employees wage increases if they rejected the
Union. We agree with the hearing officer that this promise
reasonably tended to interfere with employees’ free choice in
that election and requires setting aside the election.2

The hearing officer recommended sustaining the Union’s
Objection 1, alleging that the Employer maintained overbroad
work rules that interfered with employees’ free choice in the
election. The Employer argues, and we agree, that the Regional
Director should not have entertained this objection because it
did not comply with Sec. 102.69(a) of the Board’s Rules and
Regulations. Section 102.69(a) requires that any party filing
election objections provide “a short statement of the reasons”
for each objection. Further, within 7 days of the filing of
objections, “the party filing objections shall furnish to the
Regional Director the evidence available to it to support the
objections.” The Union’s Objection 1 did not identify the rules
it claimed were objectionable, and the Union did not provide
supporting evidence within 7 days, as required. In fact, the
Union did not identify the allegedly objectionable rules until
it filed its post-hearing brief. In those circumstances, we
find that Objection 1 is not properly before us for
consideration on the merits. It is therefore dismissed. See,
e.g., Don Allen Midtown Chevrolet, Inc., 113 NLRB 879, 880
(1955).
Because the Board is ordering a new election on other
grounds, Member Hayes finds it unnecessary to pass on the
Employer’s exceptions regarding Objection 1.
2 We find it unnecessary to pass on whether the Employer’s
statement regarding 401(k) contributions was also objectionable.
3
Accordingly, we sustain Objection 3, set aside the election, and
direct that a new election be held.
DIRECTION OF SECOND ELECTION
A second election by secret ballot shall be held among the
employees in the unit found appropriate, whenever the Regional
Director deems appropriate. The Regional Director shall direct
and supervise the election, subject to the Board’s Rules and
Regulations. Eligible to vote are those employed during the
payroll period ending immediately before the date of the Notice
of Second Election, including employees who did not work during
the period because they were ill, on vacation, or temporarily
laid off. Also eligible are employees engaged in an economic
strike that began less than 12 months before the date of the
election directed herein and who retained their employee status
during the eligibility period and their replacements. Those in
the military services may vote if they appear in person at the
polls. Ineligible to vote are employees who have quit or been
discharged for cause since the payroll period, striking
employees who have been discharged for cause since the strike
began and who have not been rehired or reinstated before the
date of the election directed herein, and employees engaged in
an economic strike that began more than 12 months before the
date of the election directed herein and who have been
permanently replaced. Those eligible shall vote whether they
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desire to be represented for collective bargaining by
International Union of Painters and Allied Trades, District
Council 15, Local 159.
To ensure that all eligible voters have the opportunity to
be informed of the issues in the exercise of their statutory
right to vote, all parties to the election should have access to
a list of voters and their addresses that may be used to
communicate with them. Excelsior Underwear, 156 NLRB 1236
(1996); NLRB v. Wyman-Gordon Co., 394 U.S. 759 (1969).
Accordingly, it is directed that an eligibility list containing
the full names and addresses of all the eligible voters must be
filed by the Employer with the Regional Director within 7 days
from the date of the Notice of Second Election. North Macon
Health Care Facility, 315 NLRB 359 (1994). The Regional
Director shall make the list available to all parties to the
election. No extension of time to file the list shall be
granted by the Regional Director except in extraordinary
circumstances. Failure to comply with this requirement shall be
grounds for setting aside the election if proper objections are
filed.
Dated, Washington, D.C., August 12, 2011.

____________________________________
Wilma B. Liebman, Chairman

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____________________________________
Craig Becker, Member
____________________________________
Brian E. Hayes, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD