Latest Case: International Union of Operating Engineer Local 501 v. National Labor Relations Board (Labor & Employment Law)

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International Union of Operating Engineer Local 501 v. National Labor Relations Board

Dockets: 18-71124, 18-72079, 18-72121

Opinion Date: February 7, 2020

Judge: Richard R. Clifton

Areas of Law: Labor & Employment Law

Casino slot technicians are not "guards" under section 9(b)(3) of the National Labor Relations Act. Under the Act the NLRB, cannot certify a union to represent "guards," as the term is used in the statute, if that union also represents non-guard employees. The Ninth Circuit held that the slot technicians' duties differed in fundamental respects from those of the surveillance technicians in Bellagio, LLC v. NLRB, 863 F.3d 839 (D.C. Cir. 2017). Therefore, the panel denied Station GVR's petition for review of the NLRB's decision certifying the union as the slot technicians' bargaining representative, based on the NLRB's determination that the slot technicians are not guards. The panel granted the NLRB's cross-application to enforce its order requiring GVR to bargain with the union. The panel denied the union's petition for review of the NLRB's decision not to order an affirmative remedy requiring GVR to provide the union with certain information that it had requested in a letter to the company. The panel held that the union was not a "person aggrieved" and thus did not have standing to bring its petition. In this case, the Board granted it all of the relief that it had specifically sought in the charge form and complaint.