STATION GVR ACQUISITION, LLC D/B/A GREEN VALLEY RANCH RESORT SPA CASINO

National Labor Relations Board - Board Decisions

Nov 26, 2018

367 NLRB No. 38 (N.L.R.B. 2018)

367 NLRB No. 38
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Station GVR Acquisition, LLC d/b/a Green Valley
Ranch Resort Spa Casino and Local Joint Exec-
utive Board of Las Vegas a/w UNITE HERE In-
ternational Union. Case 28−CA−224209
November 26, 2018
DECISION AND ORDER
BY CHAIRMAN RING AND MEMBERS MCFERRAN
AND EMANUEL
This is a refusal-to-bargain case in which the Re-
spondent is contesting the Union’s certification as bar-
gaining representative in the underlying representation
proceeding. Pursuant to a charge filed on July 23, 2018,1
by Local Joint Executive Board of Las Vegas a/w
UNITE HERE International Union (the Union), the Gen-
eral Counsel issued the complaint on August 6, alleging
that Station GVR Acquisition, LLC d/b/a Green Valley
Ranch Resort Spa Casino (the Respondent) has violated
Section 8(a)(5) and (1) of the Act by refusing the Un-
ion’s request to recognize and bargain following the Un-
ion’s certification in Case 28–RC–208266. (Official
notice is taken of the record in the representation pro-
ceeding as defined in the Board’s Rules and Regulations,
Secs. 102.68 and 102.69(d). Frontier Hotel, 265 NLRB
343 (1982).) The Respondent filed an answer admitting
in part and denying in part the allegations in the com-
plaint and asserting affirmative defenses.
On August 21, the General Counsel filed a Motion for
Summary Judgment. On August 24, the Board issued an
order transferring the proceeding to the Board and a No-
tice to Show Cause why the motion should not be grant-
ed. The Respondent filed a response, and the Union filed
a reply to the response.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
The Respondent admits its refusal to bargain but con-
tests the validity of the certification on the basis of its
objections to the election in the representation proceed-
ing, which alleged that the Union and its agents or repre-
sentatives engaged in objectionable conduct.2

1 All dates hereinafter are in 2018 unless otherwise noted.
2 In addition to denying that the Union’s certification was proper,
the Respondent’s answer also asserts as an affirmative defense that the
complaint fails to state a claim on which relief can be granted. The
Respondent has not offered any explanation or evidence to support this
bare assertion. Thus, we find that this affirmative defense is insuffi-
cient to warrant denial of the General Counsel’s Motion for Summary
All representation issues raised by the Respondent
were or could have been litigated in the prior representa-
tion proceeding. The Respondent does not offer to ad-
duce at a hearing any newly discovered and previously
unavailable evidence, nor does it allege any special cir-
cumstances that would require the Board to reexamine
the decision made in the representation proceeding. We
therefore find that the Respondent has not raised any
representation issue that is properly litigable in this un-
fair labor practice proceeding. See Pittsburgh Plate
Glass Co. v. NLRB, 313 U.S. 146, 162 (1941). Accord-
ingly, we grant the General Counsel’s Motion for Sum-
mary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been a lim-
ited liability company with an office and place of busi-
ness in Henderson, Nevada (the facility), and has been
engaged in operating a hotel and casino.
During the 12-month period ending July 23, the Re-
spondent, in conducting its operations described above,
purchased and received at its Henderson, Nevada facility
goods valued in excess of $50,000 directly from points
outside the State of Nevada and derived gross revenues
in excess of $500,000.
We find that the Respondent is an employer engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act, and that the Union is a labor organization
within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the representation election held on Novem-
ber 8 and 9, 2017, the Union was certified on March 233
as the exclusive collective-bargaining representative of
the employees in the following appropriate unit:
INCLUDED: All regular full-time and regular part-
time and regular on-call Banquet Bartenders, Banquet
Porters, Banquet Servers, Bar/Beverage Porters, Bar-
tenders, Bell Captains, Bell Persons, Beverage Servers,
Bus Persons, Concession Workers, Catering Beverage
Porters, Cooks, Cook’s Helpers, Counter Attendants,
Food Servers, Gourmet Hosts/Cashiers, Host/Cashiers,
IM Porters, Kitchen Runners, Kitchen Workers, Lead
Banquet Porters, Lead Counter Attendants, Lucky VIP

Judgment in this proceeding. See Circus Circus Hotel, 316 NLRB
1235, 1235 fn. 1 (1995).
3 By unpublished order dated July 18, the Board denied the Re-
spondent’s request for review of the Regional Director’s Decision and
Certification of Representative.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
Attendants, Lucky VIP Bartenders, Pantry Workers,
Pantry Workers 11, Resort Guest Room Attendants,
Resort Housepersons, Resort Steakhouse Cooks, Resort
Suite Guest Room Attendants, Room Runners, Service
Bartenders, Sprinters, Status Board Operators, Steak-
house Captains, Stove Persons, Sushi Cooks, Team
Member Dining Room Attendants, Turndown Guest
Room Attendants, Utility Porters, VIP Attendants, VIP
Bartenders, VIP Lounge Bartenders, VIP Servers em-
ployed by the [Respondent] at Green Valley Ranch Re-
sort Spa Casino.
EXCLUDED: All other employees, including all
front-desk employees, valet parkers, gaming employees
(dealers, slot attendants, cage cashiers), inspectresses,
engineering and maintenance employees, office clerical
employees, confidential employees, and all guards,
managers and supervisors as defined by the Act.
The Union continues to be the exclusive collective-
bargaining representative of the unit employees under
Section 9(a) of the Act.
B. Refusal to Bargain
Following its certification, the Union requested that
the Respondent recognize and bargain with it as the ex-
clusive collective-bargaining representative of the em-
ployees in the bargaining unit set forth above, and since
about July 23, the Respondent has failed and refused to
recognize and bargain with the Union as the exclusive
collective-bargaining representative of the bargaining-
unit employees.4 We find that the Respondent’s conduct
constitutes an unlawful failure and refusal to recognize
and bargain with the Union in violation of Section
8(a)(5) and (1) of the Act.
CONCLUSION OF LAW
By failing and refusing since July 23 to recognize and
bargain with the Union as the exclusive collective-
bargaining representative of employees in the appropriate
unit, the Respondent has engaged in unfair labor practic-

4 The Respondent denies the complaint allegation that since about
April 3, the Union has requested that the Respondent recognize it and
bargain with it as the exclusive collective-bargaining representative of
the employees in the bargaining unit set forth above. However, the
Respondent does not assert that the Union did not request to bargain.
In fact, it admits that since about July 23, it has failed and refused to
recognize and bargain with the Union, thereby implicitly admitting that
the Union requested to bargain. Further, in its response to the Notice to
Show Cause, the Respondent states that it is admitting its refusal to
bargain because it disagrees with the Board’s resolution of the underly-
ing representation proceeding. Accordingly, as a determination regard-
ing the specific date on which the Respondent received the Union's
request to bargain does not affect the remedy, the Respondent’s denial
regarding the Union’s April 3 request to bargain does not raise an issue
of fact warranting a hearing.
es affecting commerce within the meaning of Section
8(a)(5) and (1) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has violated Section
8(a)(5) and (1) of the Act, we shall order it to cease and
desist, to bargain on request with the Union, and, if an
understanding is reached, to embody the understanding
in a signed agreement.
To ensure that the employees are accorded the services
of their selected bargaining agent for the period provided
by law, we shall construe the initial period of the certifi-
cation as beginning the date the Respondent begins to
bargain in good faith with the Union. Mar-Jac Poultry
Co., 136 NLRB 785 (1962); accord Burnett Construction
Co., 149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57
(10th Cir. 1965); Lamar Hotel, 140 NLRB 226, 229
(1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert. denied
379 U.S. 817 (1964).
ORDER
The National Labor Relations Board orders that the
Respondent, Station GVR Acquisition, LLC d/b/a Green
Valley Ranch Resort Spa Casino, Henderson, Nevada, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to recognize and bargain with
Local Joint Executive Board of Las Vegas a/w UNITE
HERE International Union (the Union) as the exclusive
collective-bargaining representative of the employees in
the bargaining unit.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) On request, bargain with the Union as the exclu-
sive collective-bargaining representative of the employ-
ees in the following appropriate unit concerning terms
and conditions of employment and, if an understanding is
reached, embody the understanding in a signed agree-
ment:
INCLUDED: All regular full-time and regular part-
time and regular on-call Banquet Bartenders, Banquet
Porters, Banquet Servers, Bar/Beverage Porters, Bar-
tenders, Bell Captains, Bell Persons, Beverage Servers,
Bus Persons, Concession Workers, Catering Beverage
Porters, Cooks, Cook’s Helpers, Counter Attendants,
Food Servers, Gourmet Hosts/Cashiers, Host/Cashiers,
IM Porters, Kitchen Runners, Kitchen Workers, Lead
Banquet Porters, Lead Counter Attendants, Lucky VIP
Attendants, Lucky VIP Bartenders, Pantry Workers,
Pantry Workers 11, Resort Guest Room Attendants,
STATION GVR ACQUISITION, LLC 3
Resort Housepersons, Resort Steakhouse Cooks, Resort
Suite Guest Room Attendants, Room Runners, Service
Bartenders, Sprinters, Status Board Operators, Steak-
house Captains, Stove Persons, Sushi Cooks, Team
Member Dining Room Attendants, Turndown Guest
Room Attendants, Utility Porters, VIP Attendants, VIP
Bartenders, VIP Lounge Bartenders, VIP Servers em-
ployed by the [Respondent] at Green Valley Ranch Re-
sort Spa Casino.
EXCLUDED: All other employees, including all
front-desk employees, valet parkers, gaming employees
(dealers, slot attendants, cage cashiers), inspectresses,
engineering and maintenance employees, office clerical
employees, confidential employees, and all guards,
managers and supervisors as defined by the Act.
(b) Within 14 days after service by the Region, post at
its Henderson, Nevada facility copies of the attached
notice marked “Appendix.”5 Copies of the notice, on
forms provided by Region 28, after being signed by the
Respondent’s authorized representative, shall be posted
by the Respondent and maintained for 60 consecutive
days in conspicuous places, including all places where
notices to employees are customarily posted. In addition
to physical posting of paper notices, notices shall be dis-
tributed electronically, such as by email, posting on an
intranet or an internet site, and/or other electronic means,
if the Respondent customarily communicates with its
employees by such means. Reasonable steps shall be
taken by the Respondent to ensure that the notices are not
altered, defaced, or covered by any other material. If the
Respondent has gone out of business or closed the facili-
ty involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the no-
tice to all current employees and former employees em-
ployed by the Respondent at the closed facility at any
time since July 23, 2018.
(c) Within 21 days after service by the Region, file
with the Regional Director for Region 28 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
Dated, Washington, D.C. November 26, 2018
______________________________________
John F. Ring, Chairman

5 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
______________________________________
Lauren McFerran, Member
________________________________________
William J. Emanuel Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT fail and refuse to recognize and bargain
with the Local Joint Executive Board of Las Vegas a/w
UNITE HERE International Union (the Union) as the
exclusive collective-bargaining representative of our
employees in the bargaining unit.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL, on request, bargain with the Union as the
exclusive collective-bargaining representative of our
employees in the following appropriate unit concerning
terms and conditions of employment and, if an under-
standing is reached, embody the understanding in a
signed agreement:
INCLUDED: All regular full-time and regular part-
time and regular on-call Banquet Bartenders, Banquet
Porters, Banquet Servers, Bar/Beverage Porters, Bar-
tenders, Bell Captains, Bell Persons, Beverage Servers,
Bus Persons, Concession Workers, Catering Beverage
Porters, Cooks, Cook’s Helpers, Counter Attendants,
Food Servers, Gourmet Hosts/Cashiers, Host/Cashiers,
IM Porters, Kitchen Runners, Kitchen Workers, Lead
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
Banquet Porters, Lead Counter Attendants, Lucky VIP
Attendants, Lucky VIP Bartenders, Pantry Workers,
Pantry Workers 11, Resort Guest Room Attendants,
Resort Housepersons, Resort Steakhouse Cooks, Resort
Suite Guest Room Attendants, Room Runners, Service
Bartenders, Sprinters, Status Board Operators, Steak-
house Captains, Stove Persons, Sushi Cooks, Team
Member Dining Room Attendants, Turndown Gues-
Room Attendants, Utility Porters, VIP Attendants, VIP
Bartenders, VIP Lounge Bartenders, VIP Servers em-
ployed by us at our Green Valley Ranch Resort Spa
Casino.
EXCLUDED: All other employees, including all
front-desk employees, valet parkers, gaming employees
(dealers, slot attendants, cage cashiers), inspectresses,
engineering and maintenance employees, office clerical
employees, confidential employees, and all guards,
managers and supervisors as defined by the Act.
STATION GVR ACQUISITION, LLC D/B/A GREEN
VALLEY RANCH RESORT SPA CASINO
The Board’s decision can be found at
www.nlrb.gov/case/28-CA-224209 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor
Relations Board, 1015 Half Street, S.E., Washington,
D.C. 20570, or by calling (202) 273-1940.