Local Joint Executive Board v. National Labor Relations Board

We review a petition by the Local Joint Executive Board of Las Vegas, Culinary Workers Union Local 226 and Bartenders Union Local 165 (the “Union”) from an order of the National Labor Relations Board (“NLRB” or the “Board”) dismissing a complaint alleging unfair labor practices by Hacienda Resort Hotel and Casino and Sahara Hotel and Casino (the “Employers”). This dispute between the Union and the Employers is now more than 15 years old, and this is the third petition brought by the Union challenging a ruling by the Board. The Union alleges that the Employers violated sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151-169 , when the Employers unilaterally terminated union dues-checkoff before bargaining to agreement or impasse.

On remand from this court for the second time, the Board deadlocked on the merits with one of five members recused. Hacienda Hotel, Inc. Gaming Corp. (Hacienda III), — N.L.R.B. -, 355 NLRB No. 154 , 2010 WL 3446120 , at *1 (Aug. 27, 2010). Unable to form a majority in support of a different rule, the Board followed its prior rulings in Bethlehem Steel Co., 136 N.L.R.B. 1500 (1962), and Tampa Sheet Metal…