NP Palace LLC

National Labor Relations Board - Unpublished Board Decisions

Apr 12, 2018

28-RC-211644 (N.L.R.B. Apr. 12, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NP PALACE LLC
Employer
and Case 28-RC-211644
INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 501, AFL-CIO
Union
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., April 12, 2018.

1 In denying review, we agree with the Regional Director that the D.C. Circuit’s decision in
Bellagio, LLC v. NLRB, 863 F.3d 839 (D.C. Cir. 2017), is distinguishable. Unlike the employees
at issue in Bellagio, the technicians in the present case play no special role in enforcing the
Employer’s rules against their coworkers and other persons beyond that of any other employee,
do not control access to the Employer’s surveillance technology or play a key role in its use, and
do not otherwise enforce the Employer’s rules in a security context. Instead, the technicians
merely provide a defined, supportive role to investigators or state gaming agents through
technical assistance at the request of the slot supervisors. In this respect, we reject the
Employer’s argument that the court’s decision in Bellagio dispensed with the requirement that
guards act to enforce the Employer’s rules in a security context. Last, we observe that the
technicians are part of the Employer’s Slot Department, whose core function is to install and
maintain the Employer’s gaming machines, not the Employer’s separate Security Department,
which provides traditional guard services and otherwise handles the Employer’s security needs.