The National Labor Relations Board (NLRB) has ruled against the Sands Casino in Bethlehem, holding that the casino violated the National Labor Relations Act when it refused to bargain in good faith with the casino guards’ duly-elected union, the Law Enforcement Employees Benevolent Association (LEEBA).
The casino tried several arguments to show that the association wasn’t a legitimate bargaining unit. It contended the association was really an affiliate of the United Steelworkers because it used a union hall owned by a Steelworkers local. It also alleged the LEEBA was an affiliate of a labor organization called the Putnam Nurses Association. And it said a LEEBA official improperly attempted to influence the vote by giving four guards free baseball tickets.
The Sands had initially also claimed LEEBA manipulated work assignments and threatened and intimidated guards into voting for representation.
When the NLRB dismissed all those objections, the casino turned to challenging the board’s own legitimacy. It argued that the NLRB didn’t have legal standing to rule because some of its members had been Obama administration recess appointments who had been named when the U.S. Senate was not technically in recess.
That didn’t work either. The NLRB overruled every objection as either not being fact-based or having too little effect to change the election results.
The Sands must now negotiate with the union in good faith and post a notice of the NLRB ruling.
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