Ark labor appeal fails

Suzanne Struglinski

Tuesday, Aug. 5, 2003 | 11:04 a.m.

WASHINGTON -- Federal appeals judges have denied Ark Las Vegas Restaurant Corp.'s request to review a decision made earlier by the National Labor Relations Board that employees were suspended or fired because of union-related activities.

The U.S. Court of Appeals for the District of Columbia Circuit wrote in opinion last month that the board had enough evidence when it filed the original complaint in 1997 that Ark violated federal labor law by firing employees for participating in union activities.

Ark owns and operates a fast-food court, banquet facilities and room service at New York-New York.

Ark challenged the labor board's decision, saying the board did not have enough proof to support its finding, but the court ruled otherwise.

"After reviewing the record in detail, we conclude that substantial evidence supports each of the contested findings," according to the court opinion.

The court noted that the board "reasonably concluded that Ark harbored hostility toward the union," pointing out that eight employees involved with union organizing were fired or harassed.

The court also said it could not determine exactly how Ark enforced a "no access" rule to certain areas of its property, so it asked for more explanation before issuing a rule.

U.S. District Judge James M. Kennedy originally ruled in 1998 in favor of the employees and Culinary Union Local 226.

The National Labor Relations Board upheld the rulings in September 2001, saying the company needed to change rules that did not allow employees to wear union buttons or pins on uniforms.

Labor board attorney Michael Carlin said he could not comment on the case and Ark attorney Celeste Wasielewski could not be reached.