NP Red Rock LLC d/b/a Red Rock Casino Resort & Spa

National Labor Relations Board - Unpublished Board Decisions

Dec 2, 2020

28-CA-244484 (N.L.R.B. Dec. 2, 2020)

UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
NP RED ROCK LLC d/b/a
RED ROCK CASINO, RESORT & SPA
and Cases28-CA-244484
28-CA-250950
CLAUDIA MONTANO, an Individual
and Cases28-CA-250229
28-CA-250282
LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS 28-CA-250873
a/w UNITE HERE INTERNATIONAL UNION 28-CA-252591
28-CA-253276
28-CA-254470
28-CA-254510
28-CA-254514
28-CA-260640
28-CA-260641
28-CA-262187
28-CA-262803
28-CA-264605
NP BOULDER LLC d/b/a
BOULDER STATION HOTEL & CASINO
and Case 28-CA-254155
LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS
a/w UNITE HERE INTERNATIONAL UNION
NP PALACE LLC d/b/a
PALACE STATION HOTEL & CASINO
and Case 28-CA-254162
LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS
a/w UNITE HERE INTERNATIONAL UNION
ORDER
The General Counsel’s Request for Special Permission to Appeal from
Administrative Law Judge Jeffery D. Wedekind’s October 23, 2020 Order is denied.
The General Counsel has failed to establish that the judge abused his discretion in
granting the Respondent’s petition to revoke subpoenas ad testificandum A-1-1AIUQ3D
and 1-A-1AIV91L addressed to the Respondent.1
Dated, Washington, D.C., December 2, 2020.
JOHN R. RING CHAIRMAN
MARVIN E. KAPLAN MEMBER
LAUREN McFERRAN MEMBER
1 Member McFerran agrees the judge did not abuse his discretion in revoking the
subpoenas seeking the testimony of the Respondent’s CEO and Chairman, and its Vice
Chairman, without prejudice to the General Counsel renewing his effort to compel their
testimony during the hearing. She observes, however, that the General Counsel is
seeking a remedial bargaining order under NLRB v. Gissel Packing Co., 395 U.S. 575
(1969), and that in assessing the appropriateness of such an order the Board would
consider any evidence that high-ranking corporate officers not only personally
committed violations, but authorized or directed conduct found to be unlawful. See,
e.g., Evergreen America Corp., 348 NLRB 178, 181 (2006) (relying on evidence that
employer’s president authorized wage increases, promotions, and a $400 gift certificate
to employees), enfd. 531 F.3d 321 (4th Cir. 2008); Overnite Transportation Co., 329
NLRB 990, 992-993 (1999) (considering evidence that employer’s senior vice president
and its general counsel both helped direct unlawful activities), enf. denied in part on
other grounds 280 F.3d 417 (4th Cir. 2002).