Casino One Corporation d/b/a Lumiere Place Casino and Hotels

National Labor Relations Board - Unpublished Board Decisions

Sep 24, 2012

14-CA-078274 (N.L.R.B. Sep. 24, 2012)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CASINO ONE CORPORATION d/b/a
LUMIERE PLACE CASINO and HOTELS
and Case 14-CA-078274
UNITE HERE LOCAL 74
ORDER DENYING MOTION FOR RECONSIDERATION1
On August 21, 2012, Casino One Corporation (the Employer) filed a Motion for
Reconsideration of the Board’s August 9, 2012 Order denying its petition to revoke
subpoena duces tecum B-613019. Having duly considered the matter, the Employer’s
motion is denied.
The Employer contends that the Board’s statement in its Order that the Employer
had not sought approval from the Missouri Gaming Commission for the release of the
documents pursuant to the subpoena is “wholly inaccurate,” and that compliance with
the subpoena would cause it to violate state gaming regulations (Chapter M, § 4.03 of
the Missouri Gaming Commission's Minimum Internal Control Standards). However, the
instant motion provides no evidence that the Employer has made a request of the
Commission to permit release of the surveillance tapes to the Region pursuant to the
Region’s subpoena or the Board’s Order denying the Employer’s petition to revoke the
subpoena.
Further, the December 29, 2011 letter attached to the Employer’s motion from
the Deputy Director, Missouri Gaming Commission, to the Employer’s Compliance

1 The National Labor Relations Board has delegated its authority in this proceeding to
a three-member panel.
2
Officer states, in relevant part, that a waiver to the prohibition on releasing surveillance
recordings may be granted “upon receipt of a subpoena issued by a court or
administrative body of competent jurisdiction.” Thus, this letter demonstrates that, if the
Employer had sought such a waiver from the Commission, it is likely that the waiver
would have been granted.
Accordingly, we deny the motion for reconsideration.
Dated, Washington, D.C., September 24, 2012.
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER