Case 2:20-cv-02351 Document 2-1 Filed 12/29/20 Page 1 of 3
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`Kyler A. Scheid (NY#4984258)
`Sara S. Demirok (AZ#031970)
`Carmen León (CA#249981)
`National Labor Relations Board, Region 28
`2600 N. Central Avenue, Suite 1400
`Phoenix, Arizona 85004
`Tel: (602) 416-4769
`Fax: (602) 640-2178
`Email: sara.demirok@nlrb.gov
`Email: kyler.scheid@nlrb.gov
`Email: carmen.leon@nlrb.gov
`Attorneys for Petitioner
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEVADA
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`CORNELE A. OVERSTREET,
`Regional Director of the Twenty-Eighth
`Region of the National Labor Relations
`Board, for and on behalf of the
`National Labor Relations Board,
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`NP RED ROCK LLC D/B/A RED ROCK
`CASINO RESORT & SPA,
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`v.
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`Case No. 2:20-cv-2351
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`DECLARATION IN SUPPORT OF
`MOTION TO FILE MEMORANDUM OF
`POINTS AND AUTHORITIES IN
`SUPPORT OF PETITION FOR
`INJUNCTION UNDER SECTION 10(j)
`OF THE NATIONAL LABOR
`RELATIONS ACT [29 U.S.C. § 160(j)]
`THAT EXCEEDS PAGE LIMIT
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`Petitioner,
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`Respondent.
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`I, Kyler Scheid, have personal knowledge of the following facts and, if called to
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`testify, would do so as follows:
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`1.
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`I am a field attorney for the National Labor Relations Board (the Board),
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`Region 28, in Phoenix, Arizona. I am the designated Counsel for the General Counsel of the Board
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`Case 2:20-cv-02351 Document 2-1 Filed 12/29/20 Page 2 of 3
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`for the hearing in the underlying administrative proceeding in Board Cases 28-CA-24484, 28-CA-
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`250950, 28-CA-250229, 28-CA-250282, 28-CA-250873, 28-CA-252591, 28-CA-253276, 28-CA-
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`254470, 28-CA-254510, 28-CA-254510, 28-CA-254514, 28-CA-260640, 28-CA-260641, 28-CA-
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`262187, 28-CA-262803, and 28-CA-264605 (Board Cases).
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`2.
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`The Board Cases in this matter involve significant unfair labor practice
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`allegations stemming from a union organizing drive and numerous violations of Section 8(a)(1),
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`(3), and (5) of the National Labor Relations Act [29 U.S.C. §158(a)(1), (3), (5)], including
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`numerous unlawful promises of benefits, threats, and other unlawful statements; grant of the
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`promised benefits; discrimination against four employees for supporting a union; a request for a
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`remedial bargaining order under NLRB v. Gissel Packing Co., Inc., 395 U.S. 575 (1969); and
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`changes made to employees’ terms and conditions of employment without bargaining with the
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`employees’ union.
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`3.
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`The extent and severity of the unfair labor practices involved, and the need
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`to provide the Court with a factual and legal basis for the relief sought, requires a Memorandum
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`of Points and Authorities in Support of Petition for Injunction under Section 10(j) of the National
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`Labor Relations Act [29 U.S.C. § 160(j)], herein Memorandum of Points and Authorities, that
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`exceed 24 pages.
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`4.
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`This case will be presented to the Court without a formal trial based upon
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`the Court’s granting Petitioner’s Motion to Try Petition for Temporary Injunction on the Basis of
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`the Administrative Record, Affidavits, and Documentary Evidence. As a result, the factual
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`summary set forth in the Memorandum of Points and Authorities, with citations to the supporting
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`exhibits and affidavits, and the statement and application of relevant law, must fully set forth the
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`Case 2:20-cv-02351 Document 2-1 Filed 12/29/20 Page 3 of 3
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`factual backdrop, the legal issues in the underlying administrative proceedings, and the
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`appropriateness of injunctive relief for multiple categories of unfair labor practice allegations.
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`5.
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`Petitioner was unable to shorten the Petition and Memorandum while
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`adequately briefing the Court on the legal and factual questions involved in considering whether
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`to grant the Petition, particularly given the extraordinary number of unfair labor practices
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`Respondent is alleged to have committed and the nature of the relief sought which includes an
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`interim bargaining order.
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`6. For the reasons set forth above, Petitioner is requesting permission to file a
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`Memorandum of Points and Authorities totaling 32 pages, excluding tables of contents and
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`authorities, and exhibits.
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`I declare under penalty of perjury under the Laws of the United States of America
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`that the foregoing is true and correct.
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`RESPECTFULLY SUBMITTED this 29th day of December, 2020.
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`/s/ Kyler Scheid
`Kyler Scheid, Attorney
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`On behalf of:
`Cornele A. Overstreet, Regional Director
`National Labor Relations Board, Region 28
`2600 N. Central Avenue, Suite 1400
`Phoenix, Arizona 85004
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