Nos. 03-1088, 03-1101.
Majestic Superstar Casino, LLC (“Majestic” and “the business”) petitions so it Legal having overview of a choice and you can acquisition from the Federal Labor Relationships Board (“NLRB” and you can “Board”) in the an unfair work routine proceeding. Majestic competitions the fresh new Board’s underlying degree of partnership, arguing one another your Board erred from inside the ruling into the the election objections, and extra the company was improperly rejected an evidentiary reading to your among those arguments. For the factors a whole lot more totally set forth less than, we refute the fresh new petition and you can offer the Board’s mix-app to possess administration.
Majestic works a gambling establishment in the Gary, Indiana. In erica (“Steelworkers” and you can “union”) sought degree throughout the Board once the collective-negotiating affiliate towards company’s slot-server aspects.
On may 21, 3 days until the election, this new connection distributed good flier towards organizations bargaining tool group. The latest flier is actually inspired an excellent “Steelworkers Guarantee.” The fresh flier stated, in part:
• [T]hat [one acknowledged deal was one which] You and your CO-Workers discussed while having Chosen because of the many to simply accept?
• That you have the legal right to Elect the union user out of the instant house, who’ll Handle your case before government?
On may 24-pursuant in order to a specified election contract-brand new Panel held a secret-ballot election. 13 teams voted to own representation and you will 7 voted facing. may 31, the company filed five arguments into election conduct.
Majestic alleged that the election is arranged since the connection, they said, distorted procedure facts, impermissibly assured waiver out-of relationship initiation charges, poorly available to waive or delayed partnership expenses costs, and you can poorly swayed the outcomes of your own election.
New NLRB Regional Manager (“RD”) given a keen you are-page overview of their objections, indicating the Panel overrule all. Regal registered conditions with the Panel to the RD’s report and you may advice.
Brand new Panel granted their unpublished Choice and you can Qualification of Member towards the (the latest “Decision”). The choice followed the newest report, overlooked Majestic’s arguments, and you may specialized this new commitment.
United states Legal off Is attractive,District from Columbia Routine
With the , the latest connection expected you to Majestic start negotiating. For the October nine, Regal refuted. Two months afterwards, into the December dos, the fresh new partnership submitted a fee up against Regal into the Panel. The new connection alleged one Majestic broken part 8(a)(5) and you can (1) of the National Work Connections Operate (the new “Act”) of the their refusal so you can bargain. 29 U.S.C. § 158(a)(1) & (5). Brand new RD approved a NextGen Gaming casinos complaint and you may See away from Hearing considering new charge.
Majestic responded on December twenty-seven, admitting its refusal so you’re able to contract, but maintaining one to to the explanations it cited in its election arguments, this new Board invalidly formal new union. The company contended one to by the ruling because it performed-and by not carrying a keen evidentiary hearing towards each one of Majestic’s points-brand new NLRB “defectively used brand new court standards ruling suitable make out-of a beneficial representative election.”
On the , NLRB Counsel gone having summation judgment to the refusal-to-bargain-to-bargain complaint. In reaction, the fresh new Panel directed Regal to show end in why it has to not offer brand new action. Majestic answered-reasserting your election need to have already been reserved for everybody the causes it offered before-of the continual the Panel badly formal brand new connection.
On the March 26, the fresh new Board offered the latest Motion to possess Summation Wisdom and discovered you to definitely Majestic’s carry out constituted a criminal refusal to price when you look at the admission off point 8(a)(5) and you may (1) of the Operate. Brand new Regal Star Gambling enterprise, 338 NLRB Zero. 107, 2003 WL 715070 (NLRB ) (the new “Decision and you may Purchase”). The fresh new Panel reasoned which got already ruled facing Majestic’s arguments if this had specialized this new partnership, hence Majestic ergo currently got or may have litigated these factors up coming. Decision and you may Acquisition during the 1. More over, new Board continued, Regal don’t “bring in order to adduce from the a paying attention any newly located and before unavailable facts, nor [did] they claim people unique circumstances who would need to have the Panel in order to reexamine” its decision to help you approve the new relationship. Id. The latest Panel reasoned that given that factual situations concerning the election were litigated regarding sign proceeding, there have been no legitimate facts out of procedure fact regarding unjust work proceeding. Id. (citing Pittsburgh Plate-glass Co. v. NLRB, 313 U.S. 146, 162, 61 S.Ct. 908, 85 L.Ed. 1251 (1941)). New Board therefore declined Regal an evidentiary reading, cause it create serve no purpose. Come across, elizabeth.g., Alois Package Co. v. NLRB, 216 F.three dimensional 69, 78 (D.C.Cir.2000) (“[b]ecause [a] company got a way to litigate most of the associated issues of-fact ? a keen evidentiary hearing might have served no objective”). New Panel thus purchased Majestic so you can, inter alia, package towards the union up on request, so you’re able to embody people arrangement hit within the a signed file, in order to post the ideal corrective see during the its plant within the Gary, Indiana. Choice and you will Buy at dos.