WASHINGTON (Legal Newsline) - The National Labor Relations Board on Wednesday ordered the Sands Casino Resort in Bethlehem, Pa., to bargain with a union.
The order says the casino must "cease and desist from... failing and refusing to recognize and bargain with Law Enforcement Employees Benevolent Association as the exclusive collective-bargaining representative of the employees in the bargaining unit."
Sands had been refusing to bargain because it contested the LEBA certification as a bargaining representative. The NLRB Acting General Counsel issued the complaint on March 19, alleging Sands violated the National Labor Relations Act by refusing LEBA's request to bargain following its certification.
On April 5, the Acting General Counsel filed a Motion for Summary Judgment. On April 20, the NLRB issued an order transferring the proceeding to the NLRB and a Notice to Show Cause why the motion should not be granted. Sands filed a response stating the NLRB delegated its authority in this proceeding to a three-member panel that was not properly constituted as required by Section 3(b) of the NLRA.
Sands maintained that the panel did not have the authority to consider its exceptions to the Hearing Officer's Report on objections to the election, or to overrule such objections in the underlying representation case proceeding.
The Obama Administration's NLRB recess appointees refused to disqualify themselves from the case, as Sands wanted. It then ordered the casino to recognize and negotiate with the union.