Tuesday, Sept. 13, 2011 | 11:57 a.m.
Two Las Vegas labor unions won a favorable ruling today from the 9th U.S. Circuit Court of Appeals in a long-standing dispute dating to 1995 that involves two shuttered casinos.
In ruling with Culinary Union Local 226 and Bartenders Union Local 165, the appellate court determined that the National Labor Relations Board erred in dismissing union complaints against the former Hacienda and Sahara resorts.
The unions alleged that the resorts violated the National Labor Relations Act by terminating union dues checkoffs before engaging in bargaining with employees.
The labor board upheld the ruling of an administrative law judge who dismissed the union complaints. But the appellate court ruled that the board's decision was "arbitrary and capricious" because it provided no explanation for the rule it followed in dismissing the union complaints.
"Because each affected employee individually requested dues checkoff, the employers' actions in this case were an unlawful termination of a bargained benefit to employees, not merely the cessation of a provision that automatically terminated along with the CBA (collective bargaining agreement) and union security," Appellate Judge Richard Paez wrote.
The court directed the board to determine the appropriate relief that should be granted to the unions.
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