Binion’s settles federal labor case

Grace Leong

Monday, March 17, 2003 | 11:35 a.m.

Settling charges that it violated federal labor laws, Binion's Horseshoe hotel-casino has signed a collective bargaining agreement it reached with unions last July, attorneys for the National Labor Relations Board, Culinary Union Local 226 and Bartenders Union Local 165 said Friday.

NLRB deputy regional attorney Stephen Wamser said the settlement was signed Friday by Binion's President Becky Behnen, Culinary Director Jim Bonaventure and the NLRB, ahead of a scheduled trial before an NLRB administrative law judge Thursday in Las Vegas.

While the downtown Las Vegas hotel-casino doesn't admit it violated the federal NLRB Act in Friday's settlement, it agreed to:

Immediately post on its premises notices of the settlement pledging to obey the law.

Stop refusing to bargain in good faith with the Culinary and Bartenders' union.

Stop failing to make timely payments to the two unions' welfare and pension trust funds.

Stop making unilateral changes in its unions' employees' wages, hours and other employment terms including their health and welfare benefits.

Honor its employees' rights to join a union and engage in union activities.

The NLRB, after an investigation of charges filed on Nov. 27 by the Culinary and Bartenders unions, had accused Binion's of failing to sign the collective bargaining agreement and failing to make contributions on behalf of up to 500 hotel-casino workers -- including waiters, waitresses, porters, housekeepers and bellhops -- to the Culinary's and Bartenders' health and welfare funds for medical insurance and pension plans.

Union attorney Richard McCracken said Binion's owes about $400,000 in back dues dating to July 1 to the Southern Nevada Culinary & Bartenders Pension Trust, and that these claims will be included in a separate pending lawsuit filed in U.S. District Court in Las Vegas in September by the two union funds against Binion's.

"The settlement that was reached with the NLRB is that Horseshoe signed the collective bargaining agreement. But that's it," he said. "Even though it's only being signed now, it's effective July 1, 2002. So from that date on, Horseshoe owes all contributions to the unions' health insurance and pension funds. That's now a contractual obligation and also an obligation enforceable under ERISA (Employees Retirement Income Security Act,) a federal law governing employees' medical benefits plans."

"The two funds already have a lawsuit pending (in federal court) against Horseshoe for other past unpaid contributions to the union's health and welfare funds and now the contributions from July 1, 2002, on will be included in that suit," he said.

He said that case is being handled by Kevin Christensen, the counsel for the two funds, and that Christensen is working out a settlement with Horseshoe of a payment plan.

But McCracken stressed that Friday's settlement won't help Horseshoe employees who aren't Culinary or Bartenders' union members.

"This settlement has no effect on those not represented by the two unions. That's sad to say. But non-union workers also have a right under ERISA to sue in federal court to enforce the provisions of (Horseshoe's health) plan," he said.

Meanwhile, the Gaming Control Board is still investigating the NLRB's complaint and other issues at the hotel-casino.

Keith Copher, chief of the board's enforcement division, who declined to identify those issues, said the board will look at Friday's settlement to determine if there are any regulatory violations.