Local Joint Executive Board of Las Vegas v. NLRB

I. Background

3 We restate in part the facts of this case from our prior opinion, see LJEB I, 309 F.3d at 580-81. 11854 LOCAL JOINT EXECUTIVE BD v. NLRB The Employer and the Union had collective-bargaining relationships for more than thirty years. The 1989-1994 col- lective bargaining agreements (the “Agreements”) were embodied in separate, but substantially identical documents. Each agreement contained the following dues-checkoff provi- sion:

The Check-Off Agreement and system heretofore entered into and established by the Employer and the Union for the check-off of Union dues by voluntary authorization, as set forth in Exhibit 2, attached to and made part of this Agreement, shall be continued in effect for the term of this Agreement.

(emphasis added). Exhibit 2 attached to each agreement pro- vided:

Pursuant to the Union Security provision of the Agreement between [name of hotel] and [the Union], the Employer, during the term of the Agreement, agrees to deduct each month Union membership dues (excluding initiation fees, fines and assess- ments) from the pay of those employees who have authorized such deductions in writing as provided in this Check-Off Agreement.…