Venetian Casino Resort ,LLC

National Labor Relations Board - Board Decisions

Aug 27, 2010

355 N.L.R.B. 919 (N.L.R.B. 2010)

VENETIAN CASINO RESORT, LLC
355 NLRB No. 165
919
Venetian Casino Resort, LLC and Local Joint Execu-
tive Board of Las Vegas, Culinary Workers Un-
ion, Local 226 and Bartenders Union, Local 165,
affiliated with Hotel Employees and Restaurant
Employees International Union. Case 28–CA–
16000
August 27, 2010
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS SCHAUMBER
AND BECKER
On September 30, 2005, the National Labor Relations
Board, by a three-member panel, issued a Decision and
Order1 in this proceeding, in which it adopted the admin-
istrative law judge’s findings that the Respondent vio-
lated Section 8(a)(1) by (1) summoning the Las Vegas
Metropolitan Police and requesting that demonstrators on
behalf of the Union, who were engaged in a peaceful
demonstration, be issued trespass citations and excluded
from the sidewalk in front of the Respondent’s facility;
(2) causing the recording of a trespass message and play-
ing of the message over a loudspeaker directed at the
demonstrators; and (3) informing Union Business Agent
Glen Arnodo, who was participating in the peaceful
demonstration on the sidewalk in front of the Respon-
dent’s facility, that he was being placed under citizen’s
arrest, and the following day contacting the police to
make a report of the incident. The Board ordered the
Respondent to cease and desist from this unlawful activ-
ity and to take certain affirmative action.
Thereafter, the Respondent filed a petition for review
with the United States Court of Appeals for the District
of Columbia and the Board filed a cross-application for
enforcement of its Order. A panel of that court enforced
the Board’s Order regarding the broadcasting of the tres-
pass message and the attempt to effect a citizen’s arrest,
but found that the Board failed to address the Respon-
dent’s contention that summoning the police was direct
petitioning of the Government and therefore protected by
the First Amendment. The court remanded this issue to
the Board.2 After the court’s remand, the General Coun-
sel, the Charging Party, and the Respondent filed state-
ments of position.
On April 29, 2009, the two sitting members of the
Board issued a Supplemental Decision and Order in this
proceeding, which is reported at 354 NLRB No. 9, in

1 345 NLRB 1061.
2 484 F.3d 601, 610, and 614 (2007), cert. denied 128 S.Ct. 1647
(2008).
which they reconsidered the remanded finding.3 There-
after, the Respondent filed a petition for review in the
United States Court of Appeals for the District of Co-
lumbia. On June 17, 2010, the United States Supreme
Court issued its decision in New Process Steel, L.P. v.
NLRB, 130 S.Ct. 2635, holding that under Section 3(b) of
the Act, in order to exercise the delegated authority of the
Board, a delegee group of at least three members must be
maintained. Thereafter, the Board issued an order setting
aside the above-referenced decision and order, and re-
tained this case on its docket for further action as appro-
priate.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.4
The Board has reconsidered the remanded finding, as
well as the General Counsel’s, the Charging Party’s, and
the Respondent’s statements of position, and has decided
to sever the remanded finding for further consideration.
Accordingly, we shall issue a new Order that severs the
remanded finding from this proceeding. Because that
issue is severed, it is appropriate that the Respondent
comply forthwith with the enforced portions of the
Board’s September 30, 2005 Order.5
ORDER
The Board’s Order, reported in 345 NLRB 1061
(2005), is reaffirmed as modified below.
1. Delete paragraph 1(a) and reletter the subsequent
paragraphs.
2. Substitute the attached notice for that attached to
the Board’s original Decision and Order.

3 Effective midnight December 28, 2007, Members Liebman,
Schaumber, Kirsanow, and Walsh delegated to Members Liebman,
Schaumber, and Kirsanow, as a three-member group, all of the powers
of the National Labor Relations Board in anticipation of the expiration
of the terms of Members Kirsanow and Walsh on December 31, 2007.
Thereafter, pursuant to this delegation, the two sitting members issued
decisions and orders in unfair labor practice and representation cases.
4 Consistent with the Board's general practice in cases remanded
from the courts of appeals, and for reasons of administrative economy,
the panel includes the members who participated in the original deci-
sion. Furthermore, under the Board’s standard procedures applicable to
all cases assigned to a panel, the Board members not assigned to the
panel had the opportunity to participate in the adjudication of this case
at any time up to the issuance of this decision.
5 The only affirmative provision of the Order previously enforced by
the court directs the Respondent to post a notice to employees. Consis-
tent with our decision today, we have prepared a new notice that con-
forms to that enforced Order by removing any reference to the severed
allegation.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 920
IT IS FURTHER ORDERED that the remanded finding is
severed from this proceeding and will be retained by the
Board for further consideration and appropriate action.

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 vio-
lated 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 do anything that interferes with these
rights.
Specifically:

WE WILL NOT read or play a recording of a trespass
message over a loudspeaker directed to individuals who
are peacefully demonstrating and engaging in lawful
conduct on behalf of the Union, or any other labor or-
ganization, on the sidewalk in front of our property ad-
joining Las Vegas Boulevard South, Las Vegas, Nevada.
WE WILL NOT place agents of the Union, or any other
individuals, who are engaged in a peaceful demonstration
and lawful conduct on behalf of the Union, or any other
labor organization, on the sidewalk in front of our prop-
erty adjoining Las Vegas Boulevard South, Las Vegas,
Nevada, under citizen’s arrest, or contact the Las Vegas
Metropolitan Police Department to report the citizen’s
arrest.
WE WILL NOT in any similar manner interfere with, re-
strain, or coerce individuals in the exercise of the rights
guaranteed them by Section 7 of the Act.
VENETIAN CASINO RESORT, LLC