National Labor Relations Board v. Unbelievable, Inc.

Good Law
71 F.3d 1434
United States Court of Appeals for the Ninth CircuitDecember 1, 1995No. 93-70236California3,382 words

Opinion

Lead Opinion

Tashima, J.

ORDER

The Memorandum disposition filed September 6, 1995, is amended as follows:

[Editor’s Note: Amendments incorporated for purposes of publication].

The request for publication is granted and the Memorandum disposition, filed September 6, 1995, as amended, is redesignated as an authored Opinion by Judge Tashima.

OPINION

The National Labor Relations Board (“Board”) petitions for enforcement of its order finding that respondent Unbelievable, Inc. d/b/a Frontier Hotel & Casino (“Frontier”) violated § 8(a)(1) and (a)(5) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158 (a)(1) and (5), by conducting surveillance on and ejecting Union representatives, unilaterally imposing new rules on employee conduct and unilaterally ceasing to pay pension fund contributions. We have jurisdiction under 29 U.S.C. § 160 (e) and we grant the petition to enforce.

FACTUAL AND PROCEDURAL BACKGROUND

Frontier owns a hotel in Las Vegas, where the disputed events occurred. The hotel’s previous owner entered into a collective bargaining agreement (“CBA”) with the Local Joint Executive Board of Las Vegas, Culinary Workers Union Local 226, and Bartenders Union, Local 165, affiliated with Hotel…

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