National Labor Relations Board v. Harrah's Club

The National Labor Relations Board petitions for enforcement of its order requiring Harrah’s Club to cease and desist certain unfair labor practices at the company’s Lake Tahoe gambling casino in Stateline, Nevada. Respondent opposes enforcement on the ground that the Board’s assertion of jurisdiction is arbitrary and an abuse of discretion, and on the further ground that the Board’s findings that the company engaged in unfair labor practices are not supported by substantial evidence. The Nevada Resort Association has filed an amicus curiae brief in support of respondent’s position on the jurisdictional issue.

On the jurisdictional question respondent and amicus curiae argue, in effect, that because the Board has consistently declined to exercise jurisdiction over racetracks for reasons which are equally applicable to the Nevada gambling industry, the failure of the Board likewise to exempt respondent from regulation is arbitrary and capricious.

The Board has consistently declined to exercise jurisdiction over racetracks. It has done so pursuant to the authority vested in the Board under section 14(c) (1) of the National Labor Relations Act (Act), 73 Stat. 541 (1959) 29 U.S.C. §…