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twitterMandalay Bay guards vote against union
Organizer vows to object, citing agent’s bathroom break
Tuesday, June 17, 2008 | 2 a.m.
Sun Archives
- Organizer’s tactics test limits, even for workers (5-19-2008)
- Security guards on Strip seek to organize (4-21-2008)
Beyond the Sun
With a good dose of election drama — including a ballot box being taken into a bathroom — a union seeking to organize Las Vegas security guards has lost its flagship campaign at Mandalay Bay.
By a 123-110 vote, guards Friday rejected the International Union of Security, Police and Fire Professionals of America.
The union’s lead organizer, Steve Maritas, said he will file objections with the federal labor board alleging the ballot box was not properly sealed. He also complained that when the lone labor board agent conducting the election needed a bathroom break, he suspended voting for five minutes and took the ballot box and blank ballots with him to the bathroom.
“We were robbed, man,” Maritas said.
The union says it is not accusing MGM Mirage, owner of Mandalay Bay, nor the National Labor Relations Board of tampering with the results. Maritas is seeking a rerun of the election though, claiming the atmosphere did not meet the “free and fair” standards established by the board.
A labor board official declined comment because the union has not filed charges.
MGM Mirage called the election fair and square.
“We are gratified that our employees agree with us that direct communication is the best way to foster our relationship,” Mandalay Bay President Bill Hornbuckle said in a statement. “We appreciate the vote of confidence and will work hard to build and maintain a spirit of trust and responsiveness with our employees.”
The loss represents a significant setback for the union, which hoped to send a message to casinos up and down the Strip by organizing the property with the largest security force. Its first attempt, at the Luxor, stalled in April because the union, unsure it had enough support, filed an unfair labor practice charge with the federal labor board, alleging management had threatened to withhold scheduled pay raises and other benefits if workers voted for the union.
The claims were in part a ploy to delay the election, Maritas admits.
Maritas was more confident he had the support of guards at Mandalay Bay.
“When you have been doing this as long as I have, you know your numbers,” said Maritas, an organizer with 30 years in the labor movement. “We were solid.”
Or so he thought.
After the voting, Maritas complained that the ballot box hadn’t been properly sealed, allowing deposited ballots to fall out. More egregious, he said, was that the labor board agent in charge of administering the election took the ballot box and blank ballots with him into the bathroom. The agent should have sealed the box and secured it in a locked room, Maritas said.
“This was not run properly,” he said. “Let’s have a new election, seal the box properly, and I’ll accept the results.”
Maritas’ organizing effort has been among the stranger ones on the Strip.
Last month he designed a Web page that featured a photo of Osama bin Laden next to Hornbuckle. He also highlighted MGM Mirage’s partnership with Dubai World, the Persian Gulf holding company — and linked it to the war in Iraq, complete with a counter of American war dead. At the request of guards, he apologized and took the page down.
Then he threatened to bring homeless people and prostitutes to the picket line to draw attention to what he called unfair labor practices at Mandalay Bay. He never followed through. “That was just a ploy,” Maritas said Monday. “That was meant to get them all riled up.”
He also sought solidarity with other unions, particularly the buildings trades, creating a Web site devoted to worker safety at CityCenter and other Strip construction sites — and including, inexplicably, a video of the 9/11 attacks.
The loss has put a considerable snag in Maritas’ plans to organize Las Vegas.
“Did they hurt the momentum? No question,” Maritas said. “If we took this one down, this town would have fallen like dominoes.”
Before the election, MGM Mirage awarded raises to guards at New York-New York, Excalibur and Treasure Island. A company spokesman said the action was the result of salary surveys “performed occasionally by our HR departments to help properties remain competitive and retain the best possible employees.” Last week the union filed for an election at the Mirage. A date has not been set.
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The Sun
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WERE WE ROBBED?
123 - 110
13 POINT DIFFERENCE
ON FRIDAY THE 13TH
NLRB Agents Actions
Raises Some Serious Questions and Doubts!
SPFPA to file objections to the conduct of the election
With and against the NLRB for not properly sealing the ballot box on all sides prior to the NLRB leaving with it for 5 hours despite the UNIONS objection to do so.
With 125 ballots cast in the first session at least 5 ballots were coming out of the sides of the sealed box!
The UNION demanded that the ballot box be sealed on all sides before it left the building for 5 hours unattended and the NLRB Agent objected!
During the closing session the NLRB now takes the open ballot box and unmarked ballots to the bathroom by himself for 5 minutes then returns!
You conclude hat could of happened in the bathroom during these five minutes and during the 5 hours with a improperly unsealed ballot box where ballots could easily come out from the sides of the box!
IS THIS WHAT YOU CALL A FAIR ELECTION?
The SPFPA and the Casino Security Professionals working for Mandalay Bay are demanding a re-run election with safeguards to be put in place!
We Hope MANDALAY MANAGEMENT Will NOT Object to a Fair Election since there attorney and 2 observers Witnessed the UNSEALD BALLOT BOX and SPFPA'S Demand to Seal it. As well as the observers reports of the 5 minute bathroom ordeal!
The SPFPA is not implying that the NLRB AGENT of switching any of the ballots during the 5 hours when this ballot box was in the NLRB AGENTS sole possession and when the NLRB AGENT left with the unsealed ballot box and blank ballots to the bathroom for 5 minutes, we are only implying that the above actions by the NLRB AGENT of NOT Properly Sealing the Ballot Box and the NLRB AGENT Leaving with the Unsealed Ballot Box and Blank ballots to the Bathroom for 5 Minutes
RASIES many Unanswered Questions on the Conduct of a FAIR ELECTION!
In addition to the above violations The SPFPA Will be filing Objections to the Election based on a number of Labor Law Violations We Documented during the Critical Period AGAINST MGM Mirage subsidiary Mandalay Bay.
If PROVEN GUILTY THE POSSIBILITY OF A NEW ELECTION SHOULD BE GRANTED
http://www.spfpalocal7777.org/index.html...
Before the election, MGM Mirage awarded raises to guards at New York-New York, Excalibur and Treasure Island. A company spokesman said the action was the result of salary surveys “performed occasionally by our HR departments to help properties remain competitive and retain the best possible employees.”
What a Joke that statement was just like when the TWU Local 721 tried to organize the MGM MIRAGE Dealers:
CASINOS: MGM will Raise Pay for Dealers Casino giant's move meant to make Compensation UNIFORM
Dealers at MGM Mirage's 10 Strip casinos will be given a pay raise Monday, as much as 22 percent in some cases, as the gaming operator moves to implement a uniform pay structure for more than 5,100 of its workers.
Murren added that the raises did not come about as a response to potential union organizing efforts targeting dealers at the company's Strip casinos.
"People will wonder and believe that, but we came up with the idea of CityCenter in 2004 and our employment practices long before any noise (about union organizing) was being made in the marketplace," Murren said.
Because of the UNION SPFPA
MGM Mirage has started to address some of the many problems facing you all. At the Luxor training programs have been reestablished, new patrol cars were bought, staffing levels have been increased, officers at Mandalay Bay can now grow goatees, there is new equipment and money finally being spent on things complained about for years. Overtime for Full - Timers was reinstated, supervisors were fired, an open door policy was suddenly in place, management was forced to listen to your grievances, Mandalay Bay management suddenly knew your name, you were no longer a number and we even forced Mandalay Bay President and COO Bill Hornbuckle to turn in his $5000 suit for a bike uniform and a bicycle.
The UNION SPFPA Takes Full Credit For The Above!
http://www.spfpalocal7777.org/index.html...
SPFPA 's Attorneys Files a Formal Complaint With The U.S. Department of Labor on Behalf of Casino Security Professionals Working for Mandalay Bay and Luxor
BUSTING The
UNION - BUSTERS
Our Investigation Reveals Ramparts, d/b/a/ Luxor Resorts and Casino. and Mandalay Bay Corp d/b/a/ Mandalay Bay Resort & Casino Nobel Miller and Ed Young Union - Busters for MGM MIRAGE Subsidiaries Mandalay Bay and Luxor
FAILED TO FILE THEIR LM-10 and LM-20 Reports
With the DEPARTMENT OF LABOR
as Required By Law
The Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), requires public disclosure of agreements or arrangements made between any person, including labor relations consultants and other individuals and organizations, and an employer to undertake certain activities concerning employees or labor organizations. Pursuant to Section 203(b) of the LMRDA, every person who undertakes any such activities under an agreement or arrangement with an employer must file a detailed report with the Secretary of Labor. The Secretary, under the authority of the LMRDA, has prescribed the filing of the Agreement and Activities Form LM-20, to satisfy this reporting requirement.
II. WHO MUST FILE
Any person who, as a direct or indirect party to any agreement or arrangement with an employer, undertakes, pursuant to the agreement or arrangement, any activity of the type described in Section 203(b) of the LMRDA must file a Form LM-20. A “person” is defined by the LMRDA Section 3(d) to include, among others, labor relations consultants and other individuals and organizations. A
person “undertakes” activities not only when he/she performs the activity but also when he/she agrees to perform the activity or to have them performed.
A “direct or indirect party” to an agreement or arrangement includes (1) persons who have secured the services of another or of others in connection with an agreement or arrangement of the type referred to in Section 203(b) of the LMRDA, and (2) persons who have undertaken activities at the behest of another or of others with knowledge or reason to believe that they are undertaken as a result of an agreement or arrangement between an employer and any other person. However, bona fide regular officers, supervisors, or employees of an employer are exempt from this reporting requirement to the extent that the services they undertook to perform were undertaken as such bona fide regular officers, supervisors, or employees of their employer.
Each person who has entered into any agreement or arrangement to undertake activities described in the form and instructions must file the report within 30 days after entering into such agreement or arrangement. You must file any changes to the information reported in Form
LM-20
http://www.spfpalocal7777.org/LM20REPORT...
LUXOR Management Caught RED HANDED!
Just when you thought You Seen Every Dirty Trick in the Book, Luxor Security Manager David Skelton, Gets Caught Red Handed assisting Luxor employees in the drafting of a petition against SPFPA.
On or about May 29, 2008 the Employer through its agents including but not limited to Security Manager David Skelton encouraged and assisted employees to draft and circulate a petition against SPFPA. Security Manager Skelton and other Security Department supervisors assisted in creating the language of the petition, permitted unit employees to craft the petition while on duty, permitted unit employees to use Employer computers and/or copies to create the petition and otherwise assisted in the creation and distribution of the petition.
SPFPA Attorneys have already Taken Legal Action Against Luxor management by filing an Unfair Labor Charges with the NLRB for Encouraging and Assisting employees to draft a petition against SPFPA
We believe this petition was going to suddenly appear just prior to the FRIDAY The 13th Union Election in managements attempt to discourage the 300 Mandalay Bay Spartans from Voting YES!
http://www.spfpalocal7777.org/FEAR.html
MGM Mirage called the Election Fair and Square.
“We are gratified that our employees agree with us that direct communication is the best way to foster our relationship,” Mandalay Bay President Bill Hornbuckle said in a statement. “We appreciate the vote of confidence and will work hard to build and maintain a spirit of trust and responsiveness with our employees.”
Union busting is a practice that is undertaken by an employer or their agents to prevent employees from joining a labor union, or to disempower, subvert, or destroy unions that already exist.
When corporations seek to turn the workers against the union, they do so by hiring a "new breed" of union busting agency — the labor relations consultant who well knows that the union depends upon the support, confidence, and good will of its members. These qualities are frequently targeted in union busting campaigns.
"When a chief executive hires a labor relations consultant to battle a union, he gives the consultant run of the company and closes his eyes. The consultant, backed by attorneys, installs himself in the corporate offices and goes to work creating a climate of terror that inevitably is blamed on the union."
John Logan, a labor expert at the London School of Economics, observes:"Most union avoidance consultants and law firms pay lip service to "preventive" or "positive" labour relations (i.e. solving workplace problems so that unions are rendered unnecessary). In reality, however, the vast majority of their work consists of running union avoidance campaigns, as employers hire them only when confronted by organizing drives."
The union avoidance industry has profited from promoting adversarial labour–management relations. Labor consultants "actively and aggressively [create] that demand by encouraging management to fear the allegedly catastrophic consequences of unionization — in terms of higher labour costs, reduced profits, and a loss of control of their organization — and to fight it with all the resources at their disposal.”
Millions of Dollars in Union – Busting Fees Spent by MGM Mirage in Two Campaigns two hours of mandatory Union-Busting meetings each and everday throughout the campaign. Add investigators who in reality are SUPERVISORS, now add that a Ballot Box unproperly sealed and blank ballots was in the possesion of a NLRB Agent for 5 hours and a NLRB agent goes to the bathroom with a unsealed ballot box and blank ballots for 5 minutes and MGM Mirage Mandalay Bay President Bill Hornbuckle calls this a FAIR ELECTION!
The union is not accusing MGM Mirage, owner of Mandalay Bay, nor the National Labor Relations Board of tampering with the results. We are only seeking a rerun of the election though, claiming the atmosphere did not meet the “free and fair” standards established by the board.
http://www.spfpalocal7777.org/FEAR.html
I work Security at The Mirage. I've lived and working in Vegas all my life and have never been treated better by any casino. We don't need...don't want...will not have this union represent us!
I heard it said that Friday the 13th is an unlucky day, will in the case of the Mandalay Security Professionals this is the sad truth. Sad for the 110 officers that voted yes, in hopes they could collective bargain and have say in their furture. It is even sadder for the 123 officers who voted no, for they are victims and fell prey to the company's "it will be a better tomorrow, trust us" speech. I guess once you are Unionized and have a say in the workplace it so hard to image working without a contract which outlines your guaranteed wages and raises, your benefits, and work conditions. I really hope that the Mandalay Casino officers get a chance at a re-vote and this time stand united and are not fooled by the union busters that the company pays with money that could be used for the benefit of you, the Security Professionals who works so hard for so little.I truely wish you all the best and if you get a re-vote, CLAIM THE POWER, TAKE STOCK IN YOURSELF, LET YOUR VOICES BE HEARD!! If you have any questions that you feel a real working Casino Security Professional, and proud member of the SPFPA can anwser please E-Mail me at prez1227@sbcglobal.net- In Unity & GOOD LUCK!
Give it up Steve. Go Home. The Mandalay Bay "123" have spoken "Loud and Proud" and voted your union down.. Contrary to what you believed, you didn't have all our votes did you? Was This A surprise? This coming year will be an exiting one, if its a dissapointment, which is highly unlikely,...... maybe consider another union?
Well, to the Mirage Security Officer, we know who you are (DG!!). You are an idiot. You of all people, ms. radical etc... complains when you don't get your way and should be unhappy that Mandalay Bay didn't get it done. The "real" officers who work the floor and are treated like s**t by YOU will vote YES. Our director has cheated us and treated us like dirt and you support him?? This union isn't saying that the company is bad, just that they weren't taught any manners about sharing. Shame on you D.. for being a bully, loud mouth and mean individual. Stop your complaining when things don't go your way, you have no right to complain!!!!!
Do You Really Think a Major Corporation ( like MGM Mirage) with all that power and money would let some two bit union such as the SPFPA move in to represent their "Duly Appointed Representatives of their Properties"? The very same Officers who enforce their policies?
I think not, did you really think it was going to happen? We don't need any more propaganda, Its over let go.
Uncowed casino exec sues ex-employer, wins MGM Mirage ordered to pay CFO it fired $4.5 million in wrongful termination case
Employers can FIRE Executives just as they do Rank-and-File Employees, BUT Employment Contracts Protect Company Officers with lucrative pay packages should they be terminated without cause. MGM Mirage said it had fired Kocienski for cause, giving him $175,000 in severance but denying him the $4.5 million balance of his five-year employment contract — $3.4 million in stock options and $1.1 million in salary.
This Only Proves that if You Don't Have a Written Union Contract Protecting Your JOB SECURITY you are just an AT-WILL-EMPLOYEE and YOU CAN BE TERMINATED By MGM MIRAGE and/or any other Casino Without JUST CAUSE!
http://www.lasvegassun.com/news/2008/jun...
Why is it Ok For MGM Mirage Executives to Have A Written Contract PROTECTING Their JOB SECURITY and BENEFITS But its NOT Ok for The MGM MIRAGE Casino Security Professionals and Dealers to Have a UNION or a Written Collective Bargaining Agreement?
Employment Agreement - MGM Grand Inc. and
J. Terrence Lanni (Feb 21, 2000)
Employment Agreement - MGM Grand Inc. and James J. Murren (Jun 1, 2000)
Supplemental Executive Retirement Plan - MGM Mirage Inc. (Jan 1, 2001)
Deferred Compensation Plan - MGM Mirage Inc. (Jan 1, 2001)
Employment Agreement - MGM Grand Inc. and Daniel M. Wade (Jun 1, 2000)
Employment Agreement - MGM Grand Inc. and Gary N. Jacobs (Jun 1, 2000)
Employment Agreement - MGM Grand Inc. and John T. Redmond (Jun 1, 2000)
Stock Purchase Agreement - MGM Grand Inc. and Purchasers (Apr 14, 2000)
Bylaws - MGM Mirage Inc. (Jan 1, 2001)
To View the above Agreements please visit our website:
http://www.spfpalocal7777.org/index.html...
Workers Set for June 21 Atlantic City Rally to Demand a Fair Deal
The boardwalk in Atlantic City, N.J., will be packed this weekend as thousands of union members and community supporters from across the country converge for a major demonstration June 21 to demand that casino owners stop stalling and negotiate with the workers’ union.
It’s not too late to join in and help the casino workers change the rigged game employers are playing.
http://www.unionvoice.org/aflcio_voiceat...
For More Information on the Rally press below
http://www.spfpalocal7777.org/index.html...
Hey Maritas, will you be bringing your hookers and homeless to that rally?
I am loud and proud of where I work and the job we do. I think most of our Officers are awesome people and do a great job. And you tell me one time our Director has done anything bad to us...I dare you to come up with a single time. This is Dee. I'm not ashamed. I know the list of union supporters. You guys ever do anything asides complain? Poor you...someone make you run fills today? I know you weren't catching any bad guys. I've know some of you for over 10 years and you've never been happy with anything. You might get the Union in, but then you'll just whine about it.
I agree with you Mirage S.O. The ones who "hide and slide" are usually the ones who are the biggest complainers. They need a union to back them up when they are caught not doing their job. Those of us who like our jobs are the ones getting the job done and don't mind doing what it takes to get it done. That's why we don't need a union.
ok, Lion Roars......Is it Exiting or EXCITING? Are you upset the negotiations did not offer to buy you a dictionary? WOW amazing and you call yourself the "123". I am amazed you can count that high! Congrats!
Bet you Spartans can spell "bitter".
Well in the end, the 300 Spartans DIED! Just like your union campaign. And by the way, there aren't any negotiations. Its over, let go, it's ok don't be scared.
CAN YOU SPELL RE-RUN LionRoars?
NLRB TO RE-RUN ELECTION DUE TO THE FACT THAT IT IS ILLEGAL THAT A NLRB AGENT CANNOT GO TO THE BATHROOM WITH A OPEN BALLOT BOX AND BLANK BALLOTS!
LionRoars Looks Like the 300 Spartans are Still Alive!
NLRB Issues Order to Show Cause to
Mandalay Bay
Ordering Why a NEW Election should not be conducted after a preliminary administrative investigation by the NLRB disclosed that at the election conducted on Friday the 13th, during the second voting session, the Board Agent assigned to conduct the election left the polling area unaccompanied by the parties observers to go to the bathroom.
The Board Agent took the
UNSEALED Ballot BOX and UNMARKED BALLOTS with him when he left the polling area Raising Reasonable Doubt to the Fairness and Validity of the Election. Mandalay Bay has 7 days to respond.
http://www.lvsecurityunion.org/Mandalay_...
http://www.lvsecurityunion.org/NEWS.html...
SPFPA Files Objections To The Mandalay Bay SHAM Election The NLRB Held on FRIDAY THE 13TH
http://www.lvsecurityunion.org/MandalayB...
NLRB Finds Merit to Unfair Labor Charges Filed by the SPFPA against MGM Mirage subsidiary Ramparts Inc dba Luxor for Violations of Labor Law.
Before the NLRB could PROSECUTE MGM Mirage subsidiary Ramparts Inc dba Luxor on many of the charges filed their attorneys decide to try to settle the case with a 60 day posting Not to Commit these Violations of Labor Law Again.
SPFPA Refuses to agree to Settlement Agreement and asks NLRB to issue a Bargaining Order
http://www.lvsecurityunion.org/Luxorulp....
Press Above to see Unfair Labor Charge Document Filed by SPFPA Against Luxor
SPFPA Attorneys Files Charges with the Dept of Labor Against Luxor and Mandalay Bay and Their
Union-Busters for Failing to Disclose Their LM-10 Forms and LM-20 Forms with the Department of Labor
http://www.lvsecurityunion.org/DOLLasVeg...
http://www.lvsecurityunion.org/LM20REPOR...
http://www.lvsecurityunion.org/index.htm...
http://www.lvsecurityunion.org/NEWS.html...
It seems that the SPFPA has shown their true colors after all, and now they are sneaking out the back door without even an apology to those who they lied to about having their back. Goodbye and good riddance!