United States Ninth Circuit
Local Joint Executive Board of Las Vegas v. NLRB, 10-72981
In a petition for review of an order of the defendant-NLRB dismissing a complaint alleging unfair labor practices by certain Las Vegas hotels, 29 U.S.C. sections 151-169, petition is granted with a vacateur of the order where: 1) the NLRB's decision in Hacienda Hotel, Inc. Gaming Corp. is arbitrary and capricious as it provides no explanation for the rule it follows in dismissing plaintiff's complaint especially since deference is not due where the NLRB, after fifteen years, is unable to form a reasoned analysis in support of its ruling; and 2) the hotels violated section 8(a)(5) of the National Labor Relations Act when they unilaterally ceased dues-checkoff before bargaining to impasse.
Appellate Information
- Decided 09/13/2011
- Published 09/13/2011
Judges
- PAEZ
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Richard G. McCracken, Usha Dheenan