Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 1 of 17
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`
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`FISHER & PHILLIPS LLP
`MARK J. RICCIARDI, ESQ.
`Nevada Bar No. 3141
`DAVID B. DORNAK, ESQ.
`Nevada Bar No. 6274
`300 S. Fourth Street
`Suite 1500
`Las Vegas, NV 89101
`Telephone: (702) 252-3131
`E-Mail Address: mricciardi@fisherphillips.com
`ddornak@fisherphillips.com
`Attorneys for Respondent
`NP Red Rock, LLC
`
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF NEVADA
`CORNELE A. OVERSTREET, Regional
`)
`Case No. 2:20-cv-02351-GMN-VCF
`Director of the Twenty-Eighth Region of the
`)
`
`
`National Labor Relations Board, for and on
`)
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`behalf of the National Labor Relations Board,
`)
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`
`)
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` Petitioner,
`)
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`
`)
`
`vs.
`)
`
`
`)
`NP RED ROCK LLC D/B/A RED ROCK
`)
`CASINO RESORT & SPA,
`)
`
`)
` Respondent
`)
`____________________________________
`)
`
`APPENDIX VOLUME III
`TO RESPONDENT’S OPPOSITION TO PETITION FOR TEMPORARY
`INJUNCTION UNDER SECTION 10(j) OF THE NATIONAL LABOR
`RELATIONS ACT
`
`Respondent, NP Red Rock LLC d/b/a Red Rock Casino Resort & Spa, hereby
`
`submits the attached Appendix Volume III in connection with Respondent’s Opposition
`To Petition For Temporary Injunction Under Section 10(j) Of The National
`/ / /
`/ / /
`/ / /
`/ / /
`FP 39668976.1
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`- 1 –
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`FISHER & PHILLIPS LLP
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`300 S. Fourth Street, Suite 1500
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`Las Vegas, Nevada 89101
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`

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`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 2 of 17
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`Labor Relations Act (ECF No. 1) filed on December 29, 2020.
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`Dated on this 22nd day of January, 2021.
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`FISHER & PHILLIPS LLP
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` /s/ David B. Dornak, Esq.
`MARK J. RICCIARDI, ESQ.
`DAVID B. DORNAK., ESQ.
`300 S. Fourth Street
`
`Suite 1500
`
`Las Vegas, Nevada 89101
`Attorneys for Respondent
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`FISHER & PHILLIPS LLP
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`300 S. Fourth Street, Suite 1500
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`Las Vegas, Nevada 89101
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`CERTIFICATE OF ELECTRONIC SERVICE
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`This is to certify that on the 22nd day of January 2021, the undersigned, an
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`employee of Fisher & Phillips LLP, electronically filed the foregoing Volume III to
`Respondent’s Opposition To Petition For Temporary Injunction Under Section 10(j)
`Of The National Labor Relations Act with the U.S. District Court, and a copy was
`electronically transmitted from the court to the e-mail address on file for:
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`
`Kyler A. Scheid
`Sara S. Demirok
` Carmen Leon
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`By: /s/ Nicole A Reeb
` An employee of Fisher & Phillips LLP
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`FP 39668976.1
`
`- 2 –
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 3 of 17
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`FISHER & PHILLIPS LLP
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`300 S. Fourth Street, Suite 1500
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`Las Vegas, Nevada 89101
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`RX 31
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`RX 32
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`RX 33
`
`GC Ex. 57 – 10-8-19 Email Jim Lyday and Phil
`Fortino RE Killing Union
`
`Administrative Trial Transcript Excerpts Dated
`December 7, 2020
`
`Administrative Trial Transcript Excerpts Dated
`December 16, 2020
`
`
`FP 39668976.1
`
`- 3 –
`
`APPENDIX VOLUME III
`TO RESPONDENT’S OPPOSITION TO PETITION FOR TEMPORARY
`INJUNCTION UNDER SECTION 10(j) OF THE NATIONAL LABOR
`RELATIONS ACT
`
`TABLE OF CONTENTS
`DESCRIPTION
`
`EXHIBIT
`
`PAGE
`NUMBERS
`487-490
`
`491-495
`
`496-500
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 4 of 17
`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 4 of 17
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`RX 31
`RX 31
`
`487
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`487
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 5 of 17
`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 5 of 17
`
` Message
`
`From:
`Sent:
`To:
`
`Subject:
`
`Jim Lyday [JLyday@pensionmark.com]
`10/8/2019 2:48:57 PM
`Fortino, Phil [/o=StationCasinos/ou=Exchange Administrative Group
`(FYDIBOHF23SPDLT)/cn=Recipients/cn=bbbed4adc1fe476cacOec23be5805759-Fortino,]
`RE: Benchmark Study
`
`Gotit! The $1/hour contribution would be easy to figure. The match is harder if you don’t require contributions to get
`it.
`In essence you’re just giving another 2% of pay. Does that make sense? You could do the $1 per hour and then offer
`the additional match dollars as a way to incentivize participation and we could show what contributing 4% would mean
`along with the match and along with the $1 per hour?
`
`Do you just want to assume a 40 hour work week or $160 per month as the contribution?
`
`From: Fortino, Phil <Phil.Fortino@StationCasinos.com>
`Sent: Tuesday, October 8, 2019 4:45 PM
`To: Jim Lyday <JLyday@pensionmark.com>
`Subject: RE: Benchmark Study
`
`| want to
`Wedon’t have any unions yet, but the unionis telling employees about the Pension Plan.
`kill that by perhaps doing the contribution.
`| would say 1) Yes, they get the match. 2) No, they don’t
`have to contribute to get the match but they could contribute if they want to. 3) Yes, $1.00
`automatically and they can contribute.
`| thought | sent you match.
`
`50% ofthe first 4%
`
`Phil Fortino | Senior Vice President - Human Resources
`Station Casinos LLC
`
`1505 S. Pavilion Center Drive, Las Vegas, Nevada 89135
`Tel 702-495-3458 Cell Phone 702-882-1274
`Phil.Fortino@stationcasinos.com
`
`From: Jim Lyday [mailto:JLyday@ pensionmark.com]
`Sent: Tuesday, October 8, 2019 2:41 PM
`To: Fortino, Phil <Phil.Fortino@StationCasinos.com>
`Subject: RE: Benchmark Study
`
`Will you confirm the following?
`
`Making sure again what you were looking to propose. You currently give $1.50/hour into the Pension Plan and you want
`to propose to contribute $1/hour into the 4019k) Plan.
`In addition, they will get match? Do they have to contribute to
`get the match? Meaning, you’re going to give them a $1 per hour automatically and then they can also get the matchif
`they contribute? Or they get the $1 per hour AND the match without contributing? What is your matching formula?
`
`From: Fortino, Phil <Phil. Fortino@StationCasinos.com>
`Sent: Tuesday, October 8, 2019 2:24 PM
`To: Jim Lyday <JLyda
`ensionmark.com>
`Subject: RE: Benchmark Study
`
`1 of 3
`
`488
`GC Ex. 57
`
`R00020220
`
`1 of 3
`
`GC Ex. 57
`
`488
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 6 of 17
`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 6 of 17
`
`Perfect
`
`Sent from Workspace ONE Boxer
`
`On October 8, 2019 at 12:17:28 PM PDT, Jim Lyday <JLyday@pensionmark.com> wrote:
`
`How’s this for the list of competitors:
`
`MGM
`
`Caesars/Eldorado
`Wynn
`Landry’s Inc.
`Boyd
`Las Vegas Sands Corp.
`
`Your match doesn’t have a dollar cap? | can model different scenarios if you want but the general landscape as
`you mayrecall is 50% to 6%.
`
`From: Fortino, Phil <Phil. Fortino@StationCasinos.com>
`Sent: Tuesday, October 8, 2019 2:08 PM
`To: Jim Lyday <JLyday@pensionmark.com>
`Subject: RE: Benchmark Study
`
`I’m open to ideas and suggestions. 50% ofthe first 4%
`
`Our competitors are Vegas Casinos.
`
`Phil Fortino | Senior Vice President - Human Resources
`Station Casinos LLC
`
`1505 S. Pavilion Center Drive, Las Vegas, Nevada 89135
`Tel 702-495-3458 Cell Phone 702-882-1274
`Phil.Fortino@stationcasinos.com
`
`From: Jim Lyday [mailto:JLyday@pensionmark.com]
`Sent: Tuesday, October 8, 2019 11:54 AM
`To: Fortino, Phil <Phil.Fortino@StationCasinos.com>
`Subject: RE: Benchmark Study
`
`Phil —
`
`In addition, | can run a detailed analysis
`Attachedis the updated 2019 Hotel and Gaming benchmarking study.
`of your plan vs your competitors. We also did this for Eldorado (I’ve attached the report to refresh your
`memory). Which competitors would you like to see your plan analyzed against? We can do up to 5 other
`competitors.
`
`Already on it! Making sure again what you were looking to propose. You currently give $1.50/hr into the
`Pension Plan and you want to propose to contribute $1/hr into the 4019k) Plan.
`In addition, theywill get
`match? Do they have to contribute to get the match? Meaning, you’re going to give them a $1 per hour
`automatically and then they can also get the match if they contribute? Or they get the $1 per hour AND the
`match without contributing? What is your matching formula?
`
`2 of 3
`
`489
`GC Ex. 57
`
`R00020221
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`2 of 3
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`GC Ex. 57
`
`489
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 7 of 17
`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 7 of 17
`
`Best,
`Jim
`
`JamesA. Lyday, AIF”
`Managing Director
`320 Seven Springs Way, Suite 250, Brentwood, TN 37027
`Phone: (615) 515-0905 | Cell: (615) 519-4015 | Jlyday@Pensionmark.com
`Financial Wellness Center: (888) 201-5488 | www.Pensionmark.com
`
`vinf @o
` i
`
`7’ <Pensionmark
`
`Pensionmark Financial Group, LLC (“Pensionmark”) is an investment adviser registered under the Investment Advisers Act
`of 1940. Pensionmarkis affiliated through common ownership with Pensionmark Securities, LLC (member SIPC).
`
`Top
`RETIREMENT
`FT Financial
`PLAN ADVISER
`OlHE YEAI2 FINALIST
`Advisers
`
`2019 rms«|«2019
`
`From: Fortino, Phil <Phil. Fortino@StationCasinos.com>
`Sent: Tuesday, October 8, 2019 12:12 PM
`To: Jim Lyday <JLyda
`ensionmark.com>
`Subject: Benchmark Study
`
`Can you forward the study you guys did with gaming?
`
`You have 6 daysleft....
`
`Phil Fortino | Senior Vice President - Human Resources
`Station Casinos LLC
`
`1505 S. Pavilion Center Drive, Las Vegas, Nevada 89135
`Tel 702-495-3458 Cell Phone 702-882-1274
`Phil.Fortino@stationcasinos.com
`
`3 of 3
`
`490
`GC Ex. 57
`
`R00020222
`
`3 of 3
`
`GC Ex. 57
`
`490
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 8 of 17
`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 8 of 17
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`RX 32
`RX 32
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`491
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`491
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 9 of 17
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`882
`
`UNITED STATES OF AMERICA
`BEFORE THE NATIONAL LABOR RELATIONS BOARD
`REGION 28
`
`
`
`
`
`
`
`
`
`|
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`|
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`In the Matter of:
`
`|
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`NP RED ROCK LLC, d/b/a RED ROCK |
`CASINO RESORT SPA,
`
`
`|
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`|
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`and
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`
`| Case No. 28-CA-244484,
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`
`
`
`
`
`
`|
`
` et al
`CLAUDIA MONTANO, an Individual, |
`
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`|
`
`and
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`
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`|
`
`
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`
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`|
`LOCAL JOINT EXECUTIVE BOARD OF
`|
`LAS VEGAS, a/w UNITE HERE
`|
`INTERNATIONAL UNION.
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`|
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`The above-entitled matter came on for hearing pursuant
`
`to notice, before JEFFREY D. WEDEKIND, Administrative Law
`
`Judge, via videoconference, on Monday, December 7, 2020, at
`
`9:00 a.m. PST.
`
`
`
`
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`
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`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`492
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 10 of 17
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`944
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`JUDGE WEDEKIND: Okay. It's received.
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`2
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`(General Counsel's Exhibit 56 received in evidence.)
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`3
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`Q. BY MS. DEMIROK: Okay. So, Mr. Fortino, you mentioned
`
`4
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`that the comparison with the handbook was also done with non-
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`5
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`union properties. So do you know where we could find that?
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`6
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`A. Where I could find the handbook for non-union
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`7
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`properties?
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`8
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`Q. Yeah, the comparison. Is that something that -- I mean
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`9
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`was there a document like the one we just saw in General
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`10
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`Counsel's Exhibit Number 56 but one that relates to non-union
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`11
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`properties?
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`12
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`A. Well, the handbooks are all the same. So it would just
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`13
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`refer to -- it may say as part of the handbook, refer to your
`
`14
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`collective-bargaining agreement or it refers to non-union.
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`15
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`They're the same handbook. They don't have union and non-
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`16
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`union handbooks that I'm aware of.
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`17
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`Q. So -- okay. But the comparison that we just looked at,
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`18
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`General Counsel's Exhibit 56, that was a comparison to
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`19
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`Bally's and Flamingo, right?
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`20
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`A. Correct.
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`21
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`Q. And those are unionized properties, correct?
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`22
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`A. Well, they also have non-union employees.
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`23
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`Q. Okay. But from what I understood your testimony earlier
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`24
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`to be was that when you had them put together -- when the
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`25
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`comparison was made, it was also compared to properties that
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`493
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`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 11 of 17
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`945
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`1
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`there was no union at all.
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`2
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`A. That's correct. The handbooks are the same, non-union
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`3
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`and union.
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`4
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`Q. So which properties' handbooks that are non-unionized
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`5
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`were used to make a comparison?
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`6
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`A. Caesars, MGM and Boyd. Again, they're the same
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`7
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`handbook. It just may refer within the document that--
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`8
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`please refer to your collective-bargaining agreement. So
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`9
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`it's the same handbook.
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`10
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`Q. Is it the same handbook that is applicable to Bally's?
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`11
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`A. Applicable to who? I'm sorry.
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`12
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`Q. Bally's.
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`13
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`A. Bally's would have been part of the Caesars handbook.
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`14
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`Q. And Flamingo would have also been part of the Caesars
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`15
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`handbook?
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`16
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`A. Yes.
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`17
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`Q. So Caesars Entertainment, they own or operate I suppose
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`18
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`what is Eldorado Resorts, but they have several properties on
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`19
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`the Strip, right, that fall under the Caesars Entertainment
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`20
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`umbrella?
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`A. Yes.
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`22
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`Q. Okay. And so what you're referring to is that that
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`23
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`overall parent company, they have one handbook that applies
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`24
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`to their many different properties. Is that right?
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`25
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`A. All team members, all properties.
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`494
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`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 12 of 17
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`1072
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`1
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`CERTIFICATION
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`2
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`This is to certify that the attached proceedings before
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`3
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`the National Labor Relations Board (NLRB), Region 28, in the
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`4
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`matter of NP RED ROCK LLC, d/b/a Red Rock Casino Resort Spa,
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`5
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`et al., Case No. 28-CA-244484 et al., via videoconference, on
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`6
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`December 7, 2020, were held according to the record, and that
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`7
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`this is the original, complete, and true and accurate
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`8
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`transcript that has been compared to the reporting or
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`9
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`recording accomplished at the hearing, that the exhibit files
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`10
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`have been checked for completeness and no exhibits received
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`11
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`in evidence or in the rejected exhibit files are missing.
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`_____________________________
`
`Tami Candeloro
`
`Official Reporter
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`495
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 13 of 17
`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 13 of 17
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`RX 33
`RX 33
`
`496
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`496
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`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 14 of 17
`
`1847
`
`UNITED STATES OF AMERICA
`BEFORE THE NATIONAL LABOR RELATIONS BOARD
`REGION 28
`
`
`
`
`
`
`
`
`
`|
`
`
`
`
`
`
`
`|
`
`In the Matter of:
`
`|
`
`
`
`
`
`
`NP RED ROCK LLC, d/b/a RED ROCK |
`CASINO RESORT SPA,
`
`
`|
`
`
`
`
`
`
`
`|
`
`and
`
`
`
`
`| Case No. 28-CA-244484,
`
`
`
`
`
`
`
`|
`
` et al.
`
`CLAUDIA MONTANO, an Individual, |
`
`
`
`
`
`
`
`|
`
`and
`
`
`
`
`|
`
`
`
`
`
`
`
`|
`LOCAL JOINT EXECUTIVE BOARD OF
`|
`LAS VEGAS, a/w UNITE HERE
`|
`INTERNATIONAL UNION.
`
`
`|
`
`
`
`
`
`
`
`|
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`
`
`The above-entitled matter came on for hearing pursuant
`
`to notice, before JEFFREY D. WEDEKIND, Administrative Law
`
`Judge, via videoconference, on Wednesday, December 16, 2020,
`
`at 9:00 a.m. PST.
`
`
`
`
`
`
`
`
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
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`497
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`

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`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 15 of 17
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`A. Correct.
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`Q. Well, it sounds like part of your job as the human
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`resources director is to know the policies that are in place
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`in your property, right?
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`A. Yes.
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`Q. But if I remember correctly, a few minutes ago you told
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`us that you didn't know what the reduction in force policy
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`was, what Station Casinos reduction in force policy was; is
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`that right?
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`A. That's correct. I don't remember ever seeing one or
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`reading it, and I guess the reason being is I never went
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`through a reduction in force with the Company. So it's not
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`something that came up. I've closed outlets before. I never
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`did a reduction in force though.
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`Q. Well, didn't we just do a reduction in force in March of
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`this year?
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`A. Yes, we did.
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`Q. You never looked at the policy?
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`A. There wasn't one. I never got shown a policy is what
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`I'm saying. I never was told this is the policy that we're
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`going by. I was told that we used classification seniority,
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`and I know because I had to help put together, you know,
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`seniority lists or whatnot, but you're asking me about a
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`policy that I don't know about.
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`Q. Okay. So someone just told you we're going to go by
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`498
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 16 of 17
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`2014
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`classification seniority and we never talked about any
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`policies. Am I understanding that correctly?
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`A. I was not involved in any conversations prior to the
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`letters going out of the reduction in force. I found out
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`about the reduction in force with everyone else, and when we
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`met or we -- I don't know if it was an email or
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`communication, it was determined by classification seniority.
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`Q. You're not aware of any policy that says reduction in
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`force will be conducted by classification seniority, right?
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`A. I'm not.
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`Q. And you said you put together seniority lists?
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`A. Yes, that would be like my department's, my
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`responsibility to provide seniority lists with correct dates.
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`Q. Who did you provide those to?
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`A. Scott Nelson, my general manager.
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`Q. When did you provide Scott Nelson seniority lists?
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`A. Probably in April.
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`Q. April of 2020.
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`A. Correct.
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`Q. And did you break those seniority lists down by job
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`classification? How did you do it?
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`A. There's usually multiple dates on a job classification.
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`So there's date of hire, date in department, date in
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`position, and classification date.
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`Q. Okay. And so the seniority spreadsheets that you create
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
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`499
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`Case 2:20-cv-02351-GMN-VCF Document 22 Filed 01/22/21 Page 17 of 17
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`2048
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`CERTIFICATION
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`This is to certify that the attached proceedings before
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`the National Labor Relations Board (NLRB), Region 28, in the
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`matter of NP RED ROCK LLC, d/b/a Red Rock Casino Resort Spa,
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`et al., Case No. 28-CA-244484 et al., via videoconference, on
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`December 16, 2020, were held according to the record, and
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`that this is the original, complete, and true and accurate
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`transcript that has been compared to the reporting or
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`recording accomplished at the hearing, that the exhibit files
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`have been checked for completeness and no exhibits received
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`in evidence or in the rejected exhibit files are missing.
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`_____________________________
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`Grant Dayley
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`Official Reporter
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`500
`
`