Nos. 03-1088, 03-1101.
Majestic Star Casino, LLC (“Majestic” and you may “the firm”) petitions that it Court getting report on a choice and you can order from the fresh new Federal Work Interactions Board (“NLRB” and you will “Board”) for the an unfair labor behavior proceeding. Regal contests the new Board’s root qualification of commitment, arguing one another that the Board erred from inside the governing into the the election arguments, and extra your business are improperly rejected a keen evidentiary reading into some of those objections. Towards reasons alot more fully established lower than, we deny this new petition and you may offer the fresh new Board’s get across-application getting administration.
Regal works a gambling establishment in Gary, Indiana. Inside the erica (“Steelworkers” and you may “union”) looked for qualification throughout the Board given that collective-negotiating user into the business’s slot-server technicians.
may 21, 3 days till the election, the brand new union delivered an excellent flier for the company’s bargaining equipment teams. The brand new flier was styled a great “Steelworkers Guarantee.” The new flier stated, partly:
• [T]cap [any approved offer could well be one that] You and your CO-Experts discussed and have Chosen by the a big part to accept?
• That you have the right to Elect their commitment user out-of the instantaneous household, who’ll Handle your case ahead of government?
On may 24-pursuant in order to a stipulated election contract-the fresh new Board held a secret-ballot election. 13 personnel chosen to have image and you can 7 voted up against. may 31, the organization filed four objections into election make.
Majestic so-called that election will be reserved as relationship, they claimed, misrepresented topic issues, impermissibly promised waiver regarding commitment initiation fees, improperly open to waive or put-off union dues money, and you will poorly swayed the outcome of your election. (mais…)