Judge gives casino, union a taste of victory

Bill Gang

Thursday, Jan. 29, 1998 | 11:32 a.m.

First published April 3, 1992.

District Judge Myron Leavitt has warned the Culinary Union not to cross the line while picketing Thomas Elardi's Casino Royale on the Strip.

The line he was referring to is a painted florescent-red strip separating the public sidewalk from the private sidewalk in front of the casino.

The casino filed a lawsuit last month in an attempt to limit what it termed "illegal" labor union picketing outside the club, which has never had a union contract.

Leavitt's decision, however, was viewed as a victory by both sides in the union confrontation that has spilled over from the marathon strike at the Frontier, of which Elardi is part owner.

Casino Royale got its injunction, but union attorneys said it only limits picket to things they were doing anyway.

Restrictions Leavitt imposed on strikers at the Frontier limits on the number of pickets in one area and directions that the pickets keep moving- were not addressed in Thursday's hearing.

"This is great," union attorney Richard McCraken said. "The judge didn't do anything to us. He only gave them their silly red line and no picketers went much beyond that anyway."

Casino Royale attorney Steven Cohen argued the injunction was necessary because union pickets were attempting to ruin the club's business without even trying to organize the workers there.

"They are not there to organize," he said. "They are there to trespass, berate customers and hurl profanities and racial slurs."

To emphasize his point, Cohen showed the judge excerpts from weeks of videotaping the picket line, including numerous nose-tonose confrontations between picketers and security guards or apparently anti-union bystanders.

On one occasion the camera captured a fist fight, with the participants rolling into the street. There were no injuries or arrests.

Culinary; executive John LaVoie testified that attempts have been made to contact employees although no union vote has been scheduled.

In issuing his order, Leavitt is to keep the peace" although he noted he was balancing that need with the union's right to get its message across.

He agreed with the casino that the videos showed "activities beyond peaceful persuasion" and including some "intimidation." One of the casino's requests was for an order limiting the chanting and yelling sometimes with a bullhorn - evident in the videos.