Station Casinos Ngakes NLRB to Court to Block Union

The current case is tied to a complaint from 2021, which alleged that Station Casinos’ parent company, Red Rock Resorts, weaponized the COVID-19 pandemic layoffs against the Culinary Local 226 unionImage Source: Shutterstock.com

Station Casinoshas filed a lawsuit against the National Labor Relations Board(NLRB), arguing that the board’s system has “failed it.” The constitutional challenge comes amid union-busting allegations against the casino operator and seeks to challenge the association’s structure.

Station Casino Challenges NLRB’s Structure and Authority

Station Casinos’ main objective is to stop the union-busting allegations in court. To that end, the operator argues that the NLRB does not have the authority to prosecute these claims against such businesses.

The company’s attorneys invoked Article II of the Constitutionto argue that the POTUS should be able to dismiss NLRB board members and NLRB administrative law judges at his/her discretion and without cause. Currently, such appointees cannot be removed without a good cause.

Officials also argued that the NLRB proceedings deprive Station Casinos of the right to a jury trial. The operator’s representatives furthermore alleged that the board is, in some cases, acting as prosecutor, judge and jury.

In an official statement, the company noted that the authority is trying to deprive its team members of their right to choose whether they wish to be represented by a union or not.

Red Rock Resorts Allegedly Used Layoffs to Undermine the Union

The current case is tied to a complaint from 2021, which alleged that Station Casinos’ parent company, Red Rock Resorts, weaponized the COVID-19 pandemic layoffs against the Culinary Local 226 union. The union has been trying to bargain a deal at several Station Casinos properties but has not been proposed a contract yet.

In addition, the NLRB previously ordered Red Rock Resorts to bargain with Culinary at one of its properties. The company, however, appealed the order in the DC Court of Appeals.

Station Casinos isn’t the first company to be embroiled in legal conflict with the NLRB. A few months ago, the board’s proceedings against SpaceX were likewise temporarily blocked.  

Union Representatives Hope the Lawsuit Will Be Rejected

Ted Pappageorge, the Culinary Union’s secretary-treasurer, slammed the corporation’s anti-worker tactics and efforts to dismantle the protections employees enjoy. He added that, luckily, most such efforts have been rejected in court. Pappageorge hopes that Station Casinos’ current “baseless lawsuit” will likewise be rejected.

The union representative also noted that Station Casinos is trying to give the president power to “carry out their agenda.” He slammed this position as extreme, unprecedented and dangerous and said that Culinary Local 226 adamantly rejects them.

Law experts are closely following the situation. Although challenges to the NLRB structure are nothing new and will likely not put an end to the NLRB, they will most certainly prolong the ongoing cases.