NP Sunset LLC d/b/a Sunset Station Hotel & Casino

National Labor Relations Board - Unpublished Board Decisions

Apr 13, 2020

28-RC-242249 (N.L.R.B. Apr. 13, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NP SUNSET LLC D/B/A SUNSET STATION
HOTEL & CASINO
Employer
and Case 28-RC-242249
LOCAL JOINT EXECUTIVE BOARD OF
LAS VEGAS A/W UNITE HERE
INTERNATIONAL UNION
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Certification of Representative is denied as it raises no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., April 13, 2020
1 In denying review, we find it unnecessary to pass on whether the union supporters who
“stationed” themselves throughout the Employer’s facility on the day of the election were acting
as special agents of the Petitioner. As the Regional Director found, even if they were agents of
the Petitioner, their conduct at the facility on the day of the election was not objectionable. In
this regard, we agree with the Regional Director’s finding that Nathan Katz Realty, LLC v.
NLRB, 251 F.3d 981 (D.C. Cir. 2001), is distinguishable from this case, but we do not rely on the
Regional Director’s reasoning. Instead, we rely on the fact that the alleged party conduct in Katz
took place within an established no-electioneering zone, was contrary to the instructions of a
Board agent, and involved the “continued presence” of union agents in an area employees “had
to pass” in order to vote. None of these circumstances are present in the instant case.
Member Kaplan notes that many of the issues in this case could have been avoided by the
designation and enforcement of a no-electioneering zone. He believes this issue should be
addressed in a future appropriate proceeding.