Nos. 03-1088, 03-1101.
Majestic Celebrity Gambling establishment, LLC (“Majestic” and “the company”) petitions this Courtroom to own writeup on a decision and you may acquisition regarding new National Work Relationships Panel (“NLRB” and you can “Board”) into the an unfair labor behavior proceeding. Majestic competitions the Board’s underlying degree of partnership, arguing one another the Board erred when you look at the governing to your the election objections, and further that the team was poorly refuted an enthusiastic evidentiary reading on the some of those objections. Into the factors so much more totally set forth below, we refute the fresh petition and you may grant the newest Board’s mix-application having enforcement.
Regal works a gambling establishment within the Gary, Indiana. Inside the erica (“Steelworkers” and you will “union”) wanted qualification on Board since the cumulative-negotiating user toward organization’s position-servers aspects.
On may 21, three days before the election, brand new relationship delivered an excellent flier into the organizations negotiating unit employees. The fresh flier try styled a “Steelworkers Be sure.” The fresh new flier said, to some extent:
• [T]hat [one approved deal would be one which] Both you and your CO-Experts negotiated and also Chosen because of the many to just accept?
• Which you have the ability to Choose your own union associate out-of their instantaneous house, who can Represent you in advance of management?
On may 24-pursuant to a stipulated election contract-the new Panel held a key-ballot election. Thirteen teams voted to have representation and seven chosen up against. On 31, the organization filed five arguments on election make.
Majestic alleged your election will likely be arranged due to the fact relationship, it reported, misrepresented issue facts, impermissibly assured waiver away from union initiation fees, poorly open to waive or put-off commitment dues money, and you may badly swayed the outcomes of election.
The fresh new NLRB Regional Director (“RD”) given an to try to get-web page writeup on their objections, recommending your Board overrule all. Majestic submitted exclusions to the Board on the RD’s statement and you may pointers.
The latest Panel granted the unpublished Choice and you can Qualification regarding Associate on the (the brand new “Decision”). The selection used the brand new statement, disregarded Majestic’s objections, and authoritative the newest commitment.
Us Court of Appeals,Section out of Columbia Routine
Into the , the relationship expected that Majestic begin negotiating. On October nine, Majestic refused. A few months later, toward December dos, the new partnership submitted a fee facing Regal towards Panel. The fresh relationship so-called one Majestic broken section 8(a)(5) and you can (1) of the Federal Labor Relationships Act (the “Act”) by the their refusal to help you package. 30 U.S.C. § 158(a)(1) & (5). The brand new RD approved a problem and you can See away from Hearing considering new fees.
Regal answered into December twenty seven, admitting their refusal to help you bargain, but keeping one to with the reasons it quoted in election arguments, brand new Board invalidly formal new connection. The firm debated you to definitely from the governing because did-by not holding an enthusiastic evidentiary hearing to your all of Majestic’s points-the latest NLRB “badly applied the fresh judge requirements governing the proper run off a good affiliate election.”
For the , NLRB Counsel moved to possess summation judgment towards the refusal-to-bargain-to-contract grievance. In response, the fresh new Panel directed Regal showing trigger as to why it should not give new motion. Regal responded-reasserting that election must have started arranged for everybody the causes it offered earlier-by the repeated your Panel improperly specialized the fresh new partnership.
Into the February 26, brand new Panel provided brand new Motion for Summation Judgment and discovered one to Majestic’s make constituted an unlawful refusal to help you bargain in ticket from area 8(a)(5) and you will (1) of one’s Act. The Majestic Celebrity Casino, 338 NLRB Zero. 107, 2003 WL 715070 (NLRB ) (the latest “Choice and you may Buy”). The brand new Board reasoned it got already governed up against Majestic’s arguments in the event it had certified brand new relationship, hence Majestic hence already got or possess litigated such activities next. Decision and you will Purchase during the step one. More over, this new Panel continued, Majestic don’t “offer to help you adduce in the a paying attention people recently discovered and you will previously not available facts, nor [did] they allege people special factors who would require Panel to help you reexamine” its decision so you can certify the newest union. Id. This new Panel reasoned you to definitely due to the fact informative products relating to the election was basically litigated on expression proceeding, there are no legitimate affairs of procedure reality from the unfair labor continuing. Id. (pointing out Pittsburgh Plate glass Co. v. NLRB, 313 You.S. 146, 162, 61 S.Ct. 908, 85 L.Ed. 1251 (1941)). The Panel thus denied Majestic a keen evidentiary reading, need this do suffice no goal. Discover, elizabeth.grams., Alois Package Co. v. NLRB, 216 F.three-dimensional 69, 78 (D.C.Cir.2000) (“[b]ecause [a] company got a chance to litigate all the relevant situations of-fact ? a keen evidentiary reading will have supported no goal”). The new Board ergo purchased Majestic to help you, inter alia, offer towards union through to request, to help you embody people agreement achieved during the a signed document, also to article the ideal remedial notice from the the plant from inside the Gary, Indiana. Choice and Buy within 2.