alj recommend order-cease and desist

8/4/2019 ALJ Recommend Order-Cease and Desist

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RECOMMENDED

DECISION

by

National Labor Relations Board

Administrative Law Judge

Geoffrey Carter

On these findings of fact and conclusions of law and on the entire

record, I issue the following recommended Issued the following

recommended

ORDER

The Respondent, Station Casinos, Las Vegas, Nevada, its officers,agents, successors, and assigns, shall

1. Cease and desist from

(a) Discharging or otherwise discriminating against any employee

for engaging in protected concerted activities or supporting the

Local Joint Executive Board of Las Vegas Culinary Workers Union,Local 226 and Bartenders Union Local 165, affiliated with Unite

Here, or any other union.

(b) Discharging or otherwise discriminating against any employee

for filing charges or giving testimony under the Act.


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(c) Maintaining and enforcing a rule on its Record of Counseling

forms that states, [t]his counseling session is confidential and

should only be discussed with Management or Human Resources.

(d) Creating an impression among employees that their union

activities are under surveillance.

(e) Threatening employees not to sign Union cards.

(f) Threatening employees with unspecified reprisals if they

support or select the Union as their bargaining representative.

(g) Threatening employees with additional work if they select theUnion as their bargaining representative.

(h) Threatening employees with losing benefits if they select the

Union as their bargaining representative.

(i) Issuing and enforcing overly broad and discriminatory rules that

prohibit employees from speaking with or listening to Union

supporters.

(j) Asking employees to advise the Respondent of the union

activities of other employees.

(k) Advising employees to call the police if Union supporters refuse

to leave their homes after being asked to do so.

(l) Promising increased benefits and/or improved terms and

conditions of employment to employees to dissuade them from

supporting the Union.

(m) Informing employees that it would be futile for them to support

the Union as their bargaining representative.


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(n) Unlawfully interrogating employees about their Union

membership, activities and sympathies.

(o) Unlawfully engaging in surveillance of employees union

activities.

(p) Threatening employees by inviting them to quit their

employment because they support the Union.

(q) Punishing employees by making them work alone because they

support the Union.

(r) Issuing and enforcing overly broad and discriminatory rules that

prohibit employees who support the Union from assisting each

other at work.

(s) Denying work opportunities to employees because of their

union activities.

(t) Issuing and enforcing rules that prohibit employees from

moving to another station without permission because they have

engaged in union activities.

(u) Imposing more onerous working conditions on employees

because of their union activities.

(v) Denying employees benefits in the form of open discussion atpre-shift meetings because they support the Union.

(w) Issuing and enforcing overly broad and/or discriminatory rules

that prohibit employees from discussing issues of common concern

(including but not limited to the union organizing campaign) at pre-

shift meetings.


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(x) Issuing and enforcing overly broad and discriminatory rules

that prohibit employees from soliciting for the Union during work

hours.

(y) Threatening employees with job loss if they support the Union

as their bargaining representative.

(z) Threatening employees with stricter enforcement of work rules

if they select the Union as their bargaining representative.

(aa) Threatening employees with closer supervision and stricter

enforcement of work rules if employees select the Union as their

bargaining representative.

(bb) Threatening employees that it (the Respondent) will end the

ability of employees to talk to their supervisors and managers if

employees select the Union as their bargaining representative.

(cc) Issuing and enforcing discriminatory rules that prohibit

employees from engaging in union activities in the Respondents

employee parking garages.

(dd) Issuing and enforcing discriminatory rules that prohibit off

duty employees from engaging in union activities at the

Respondents facilities, including but not limited to employee

parking garages.

(ee) Summoning employees to the human resources office becausethey support the Union.

(ff) Grabbing employees because they support the Union.

(gg) Threatening employees with discharge if they engage in union

activities.


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(hh) Prohibiting off duty employees from accessing the

Respondents facilities because of their union activities.

(ii) Issuing and enforcing overly broad and discriminatory rules

that prohibit employees from wearing Union buttons.

(jj) Soliciting complaints and grievances from employees and

thereby promising increased benefits and improved terms and

conditions of employment if employees refrain from supporting the

Union.

(kk) Granting benefits to employees to dissuade them from

supporting the Union.

(ll) Threatening employees with unspecified reprisals if they sign

Union membership cards.

(mm) Threatening employees with reduced work hours because

they are engaging in union activities.

(nn) Threatening employees with losing the graveyard shift

because they are engaging in union activities.

(oo) Threatening employees with unspecified reprisals for speaking

out in support of the Union.

(pp) Threatening employees with adverse employment action for

speaking about the Union in front of customers.

(qq) Disciplining employees for engaging in protected activity in the

presence of customers.

(rr) Disciplining employees for engaging in protected activity at

pre-shift meetings.


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(ss) Threatening employees with further discipline because they

support the Union.

(tt) Disciplining employees for engaging in protected activity.

(uu) Issuing and enforcing overly broad and discriminatory rules

that prohibit employees from discussing the Union.

(vv) Threatening employees that the Respondent will engage in

surveillance of their union activities.

(ww) In any like or related manner interfering with, restraining, orcoercing employees in the exercise of the rights guaranteed them by

Section 7 of the Act.

2. Take the following affirmative action necessary

to effectuate the policies of the Act.

(a) Within 14 days from the date of the Boards Order, offer TeresaDebellonia and Adelina Nunez full reinstatement to their former jobs or, if

those jobs no longer exist, to substantially equivalent positions, without

prejudice to their seniority or any other rights or

privileges previously enjoyed.

(b) Make Teresa Debellonia, Ana Galo and Adelina Nunez whole for any loss

of earnings and other benefits suffered as a result of the discrimination

against them in the manner set forth in the remedy section of the decision,with interest.

(c) Within 14 days from the date of the Boards Order, remove from its files

any references to the unlawful disciplines and discharge, and within 3 days

thereafter notify Teresa Debellonia, Hilda Griffin, Jose Omar Mendoza and

Adelina Nunez in writing that this has been


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done and that the unlawful disciplines and/or discharge will not be used

against them in any way.

(d) Preserve and, within 14 days of a request, or such additional time as the

Regional Director may allow for good cause shown, provide at a reasonable

place designated by the Board or its agents, all payroll records, social

security payment records, timecards, personnel records and reports, and allother records, including an electronic copy of such records if stored in

electronic form, necessary to analyze the amount of backpay due under the

terms of this Order.

(e) Within 14 days after service by the Region, post at its facilities in and

around Las Vegas, Nevada, copies of the attached notice marked Appendix

in both English and Spanish. Copies of the notice, on forms provided by the

Regional Director for Region 28, after being signed by the Respondentsauthorized representative, shall be posted by the Respondent and

maintained for 60 consecutive days in conspicuous places including all

places where notices to employees are customarily posted. In addition to

physical posting of paper notices, notices shall be distributed electronically,

such as by email, posting on an intranet or an internet site, or other

electronic means, if the Respondent customarily communicates with its

employees by such means. Reasonable steps shall be taken by the

Respondent to ensure that the notices are not altered, defaced, or coveredby any other material. In the event that, during the pendency of these

proceedings, the Respondent has gone out of business or closed the facilities

involved in these proceedings, the Respondent shall duplicate and mail, at

its own expense, a copy of the notice to all current employees and former

employees employed by the Respondent at any time since February 18,

2010.

(f) Within 21 days after service by the Region, file with the Regional Directora sworn certification of a responsible official on a form provided by the

Region attesting to the steps that the Respondent has taken to comply.

It is further ordered that the complaints are dismissed insofar as they allege

violations of the Act not specifically found.

Dated, Washington, D.C. September 22, 2011

alj recommend order-cease and desist

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