throbber
Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 1 of 72
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`
`Kyler 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: kyler.scheid@nlrb.gov
`Email: sara.demirok@nlrb.gov
`Email: carmen.leon@nlrb.gov
`Attorney for Petitioner
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEVADA
`
`Case No. 2:20-cv-2351
`
`
`APPENDIX OF EXHIBITS IN
`SUPPORT OF PETITIONER’S REPLY TO
`RESPONDENT’S OPPOSITION TO
`PETITIONER’S PETITION FOR
`TEMPORARY INJUNCTION UNDER
`SECTION 10(j) OF THE NATIONAL
`LABOR RELATIONS ACT, AS AMENDED
`[29 U.S.C. § 160(j)]
`
`Petitioner,
`
`Respondent.
`
`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,
`
`
`
`
`
`NP RED ROCK LLC D/B/A RED ROCK
`CASINO RESORT & SPA,
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
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`)
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`Petitioner Cornele A. Overstreet, Regional Director for Region 28 of the National Labor
`
`Relations Board, for and on behalf of the Board, files the following evidence in support of his
`
`Petition for Temporary Injunction:
`
`Exhibit
`Number
`
`
`PX 103
`PX 104
`
`
`
`
`
`Exhibit Description
`
`Administrative Transcript Volume 15
`Bob Finch and Michael Britt Text Messages
`
`
`
`1
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`1
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`Dated at Phoenix, Arizona, this 29th day of January, 2021.
`
`
`
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`
`
`/s/ Sara Demirok
`
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`
`
`
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`
`
`Sara Demirok,
`
`
`
`
`
`
`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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`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 2 of 72
`
`PX 105
`
`PX 106
`PX 107
`PX 108
`PX 109
`
`Text messages between Lorenzo Fertitta, Jeff Welch,
`Steve Cootey, Rich Haskins and Frank Fertitta
`Administrative Transcript Volume 13
`Administrative Transcript Volume 24
`Administrative Transcript Volume 20
`Administrative Transcript Volume 26
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`2
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`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 3 of 72
`
`
`PX 103
`Administrative
`Transcript Volume 15
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 4 of 72
`
`1744
`
`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,
`|
`|
`| Case No. 28-CA-244484,
`and
` et al
`|
`
`CLAUDIA MONTANO, an Individual, |
`|
`and
`
`
`
`
`|
`|
`LOCAL JOINT EXECUTIVE BOARD OF
`|
`LAS VEGAS, a/w UNITE HERE
`|
`INTERNATIONAL UNION.
`|
`|
`
`The above-entitled matter came on for hearing pursuant
`to notice, before JEFFREY D. WEDEKIND, Administrative Law
`Judge, via videoconference, on Tuesday, December 15, 2020, at
`10:00 a.m. PST.
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`PX 103 - Page 1 of 8
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 5 of 72
`
`1746
`
`A P P E A R A N C E S (cont.)
`
`Also Present:
`
`Alison Storella, Bailiff, NLRB
`Kevin Kline, Representative, UNITE HERE
`
`1
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`15
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`17
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`23
`24
`25
`26
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`PX 103 - Page 2 of 8
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 6 of 72
`
`1747
`
`I N D E X
` VOIR
`
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` DIRECT CROSS REDIRECT RECROSS DIRE
`WITNESSES
`
`
`Erika Hernandez 1752 -- -- --
` --
` 1828
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`27
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 103 - Page 3 of 8
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 7 of 72
`
`1753
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`response as to whether it was received, I think that wasn't
`on the record. At least I couldn't hear it and I have a note
`here to myself.
`
`JUDGE WEDEKIND: Okay. All right. Well, based on what
`everybody said, it should be received. As I recall, just
`another email. Right?
`
`MS. DEMIROK: They were the text messages.
`
`JUDGE WEDEKIND: Text messages, okay.
`
`COURT REPORTER: I'll put it in here, in the notes.
`
`JUDGE WEDEKIND: Okay. So Ms. Hernandez, you're still
`under oath.
`(Whereupon,
`
`ERIKA HERNANDEZ,
`was recalled as a witness by and on behalf of the General
`Counsel and, after having been previously sworn, was examined
`and testified, as follows:)
`DIRECT EXAMINATION, (cont.)
`Q. BY MS. DEMIROK: Good morning, Ms. Hernandez.
`A. Good morning.
`Q. So I am going to -- I want to go back to some of the
`topics that we were talking about yesterday, which was some
`of the campaign messaging that was being distributed at the
`facility in December of 2019.
`A. Okay.
`Q. Now you -- there were some door hangers that were made
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 103 - Page 4 of 8
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 8 of 72
`
`1788
`
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`we heard that in an audio recording, that would be from the
`16th. Would that be fair to say?
`A. Correct.
`Q. Now during those meetings, the captive audience
`meetings, now Mr. Fortino and Mr. Nelson conducted those,
`right?
`A. Correct.
`Q. And we've already established you were present for those
`meetings; right?
`A. Not all of them. But, yes, I was.
`Q. And the -- during those meetings, either Mr. Fortino or
`Mr. Nelson referenced a flyer that was going around from the
`Union. Do you recall that?
`A. I do.
`Q. And you're familiar with which flyer they were
`referencing, correct?
`A. I just remember the color of the flyer.
`Q. It was blue; is that right?
`A. No. I think it was a black with gold.
`Q. With gold, okay.
`(General Counsel's Exhibit 158 marked for identification.)
`Q. BY MS. DEMIROK: I'd like to share with you -- I'm
`getting my numbers mixed up today, but I think we're on 158.
`Can you see the screen here?
`A. Yes.
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 103 - Page 5 of 8
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 9 of 72
`
`1789
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`Q. Now this is the flyer from the Union that they were
`referencing during those meetings; is that right?
`A. Correct.
`
`MS. DEMIROK: I'd move to admit General Counsel's 158.
`
`JUDGE WEDEKIND: Any objection?
`
`MS. WEBER: No objection.
`
`MR. LOMINACK: No objection.
`
`JUDGE WEDEKIND: It's received.
`(General Counsel's Exhibit 158 received in evidence.)
`
`MS. DEMIROK: Your Honor, do you mind if we take just a
`short break before I move onto the next part?
`
`JUDGE WEDEKIND: That's fine. Let's take a 5 to
`10-minute break.
`
`MS. DEMIROK: Okay. Thank you.
`JUDGE WEDEKIND: Sure. Off the record.
`
`(Off the record from 11:13 p.m. to 11:22 p.m.)
`JUDGE WEDEKIND: Back on the record.
`
`Q. BY MS. DEMIROK: Ms. Hernandez, after one of the captive
`audience meetings on December 16, 2019, I want to draw your
`attention to one of the morning meetings, the 7:00 a.m.
`meeting. Did you attend that one?
`A. Yes.
`Q. After that meeting, there were some employees that had
`some questions that you assisted with; is that right?
`A. I don't remember, but could be.
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 103 - Page 6 of 8
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 10 of 72
`
`1846
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`CERTIFICATION
`This is to certify that the attached proceedings before
`
`the National Labor Relations Board (NLRB), Region 28, in the
`matter of NP RED ROCK LLC, d/b/a Red Rock Casino Resort Spa,
`et al., Case No. 28-CA-244484 et al., via videoconference, on
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 103 - Page 7 of 8
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 11 of 72
`
`1847
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`December 15, 2020, were held according to the record, and
`that this is the original, complete, and true and accurate
`transcript that has been compared to the reporting or
`recording accomplished at the hearing, that the exhibit files
`have been checked for completeness and no exhibits received
`in evidence or in the rejected exhibit files are missing.
`
`
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`_____________________________
`Grant Dayley
`Official Reporter
`
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`
`
`PX 103 - Page 8 of 8
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 12 of 72
`
`
`PX 104
`Bob Finch and
`Michael Britt
`Text Messages
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 13 of 72
`
`1 of 2
`
`PX 104
`
`PX 104 - Page 1 of 2
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 14 of 72
`
`GC Ex. 113(b)
`
`2 of 2
`
`PX 104
`
`PX 104 - Page 2 of 2
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 15 of 72
`
`
`PX 105
`Text Messages
`between Lorenzo
`Fertitta, Jeff Welch,
`Steve Cootey, Rich
`Haskins & Frank Fertitta
`
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 16 of 72
`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 16 of 72
`LorenzoFertitta, Jeff Welch, Steve Cootey, Rich
`
`Haskins, Frank Fertitta - 2019
`
`PX 105
`
`1 of 1
`
`GC Ex. 241
`
`R00025647
`
`1 of 1
`
`GC Ex. 241
`
`PX 105
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 17 of 72
`
`
`PX 106
`Administrative
`Transcript Volume 13
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 18 of 72
`
`1404
`
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`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,
`
`
`|
`
`
`
`
`
`
`
`|
`| Case No. 28-CA-244484,
`
`and
`
`
`
`
`
`
`
`
`
`
`
` et al
`|
`
`CLAUDIA MONTANO, an Individual, |
`
`
`
`
`
`
`
`|
`
`
`
`
`
`and
`
`
`
`
`|
`
`
`
`
`
`
`
`|
`LOCAL JOINT EXECUTIVE BOARD OF
`|
`LAS VEGAS, a/w UNITE HERE
`|
`INTERNATIONAL UNION.
`
`
`|
`
`
`
`
`
`
`
`|
`
`
`
`
`
`
`
`
`
`The above-entitled matter came on for hearing pursuant
`
`to notice, before JEFFREY D. WEDEKIND, Administrative Law
`Judge, via videoconference, on Friday, December 11, 2020, at
`9:00 a.m. PST.
`
`
`
`
`
`
`
`
`
`
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 1 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 19 of 72
`
`1405
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`A P P E A R A N C E S
`
`On Behalf of the Counsel for the General Counsel:
`KYLER SCHEID, Esq.
`SARA DEMIROK, Esq.
`CARMEN LEON, Esq.
`National Labor Relations Board, Region 28
`2600 North Central Avenue, Suite 1400
`Phoenix, AZ 85004
`(602) 416-4761 (Sara)
`Kyler.scheid@nlrb.gov
`Sara.demirok@nlrb.gov
`
`On Behalf of the Charging Party (UNITE HERE):
`KIMBERLY C. WEBER, Esq.
`McCracken, Stemerman & Holsberry, LLP
`595 Market Street, Suite 800
`San Francisco, CA 94105
`(415) 597-7200
`kweber@mshlaw.com
`
`On Behalf of the Respondent:
`DAVID B. DORNAK, Esq.
`Fisher Phillips, LLP
`300 S. Fourth Street, Suite 1500
`Las Vegas, NV 89101
`(702) 862-3812
`ddornak@fisherphillips.com
`REYBURN W. LOMINACK, III, Esq.
`MICHAEL D. CARROUTH, Esq.
`Fisher Phillips, LLP
`1320 Main Street, Suite 750
`Columbia, SC 29201
`(803) 255-0000 (office)
`(803) 730-4901 (cell Carrouth)
`rlominack@fisherphillips.com
`mcarrouth@fisherphillips.com
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`PX 106 - Page 2 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 20 of 72
`
`1406
`
`A P P E A R A N C E S (cont.)
`
`
`Also Present:
`
`
`Alison Storella, Bailiff, NLRB
`
`Kevin Kline, Representative, UNITE HERE
`
`
`
`
`
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 3 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 21 of 72
`
`1407
`
`I N D E X
` VOIR
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`WITNESSES DIRECT CROSS REDIRECT RECROSS DIRE
`
`
`Robert A. Finch
` 1410 -- --
`-- --
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` 1604
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 4 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 22 of 72
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`1408
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`E X H I B I T S
` FOR IDENTIFICATION IN EVIDENCE
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`1526
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`1542
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`1552
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`1580
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`Not Offered
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`1585
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`1587
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`1591
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`1600
`Not Offered
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`EXHIBIT
`GENERAL COUNSEL'S
`
`GC-109
`
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`GC-110
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`GC-111
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`GC-112
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`GC-113(a)
`
`GC-113(b)
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`GC-114
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`GC-115
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`GC-116
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`GC-117
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`GC-118
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`GC-119
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`GC-120(a)
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`GC-120(b)
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`GC-121
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`GC-122
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`GC-123
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`GC-124
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`GC-125
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 5 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 23 of 72
`
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`P R O C E E D I N G S
`
`
`(Time Noted: 9:04 a.m.)
`
`
`
`
`
`
`JUDGE WEDEKIND: All right. This is Day 13 I believe of
`Red Rock. Do we have a new witness this morning,
`Ms. Demirok?
`
`MS. DEMIROK: Yes, we do, Your Honor. Counsel for the
`General Counsel calls Mr. Bob Finch.
`
`JUDGE WEDEKIND: All right. Good morning, Mr. Finch.
`
`MR. FINCH: Good morning.
`
`JUDGE WEDEKIND: Could you raise your right hand for me?
`(Whereupon,
`
`ROBERT A. FINCH
`was called as a witness by and on behalf of the General
`Counsel and, after having been first duly sworn, was examined
`and testified as follows:)
`
`JUDGE WEDEKIND: Please state your full name for the
`record for us?
`
`THE WITNESS: Robert A. Finch.
`
`JUDGE WEDEKIND: And could you spell it for us?
`
`THE WITNESS: Sure. Robert, R-o-b-e-r-t, A which is
`Allan, and then Finch, F-i-n-c-h.
`
`JUDGE WEDEKIND: Great. Thank you. Just a few things I
`want to mention to you. You know, first it is important that
`you listen carefully, of course, to each question, but
`because we're recording, it's also important that you try to
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 6 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 24 of 72
`
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`MR. LOMINACK: No objection.
`
`JUDGE WEDEKIND: Okay. Go ahead.
`
`MS. DEMIROK: Okay. Thank you.
`
`Q. BY MS. DEMIROK: Mr. Finch, when did you become -- when
`did you start in your current position?
`A. February 18 or 19 of 2019.
`Q. And prior to that, what were you doing?
`A. Prior to that, I was the general manager for Green
`Valley Ranch.
`Q. And how long were you in that position?
`A. A little bit less than a year.
`Q. And as I understand, you have a long history with
`Station Casinos?
`A. That is correct.
`Q. You started with Station Casinos in about 1983. Is that
`right?
`A. That's correct.
`Q. Did you start off, is it a dice dealer?
`A. Correct. Yes, dice dealer.
`Q. And that was at the Palace Station location?
`A. It would have been Bingo Palace back then, but yes, it
`was the Palace Station location.
`Q. And there was a period of time where you did not work
`for Station Casinos; is that correct?
`A. That is correct.
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 7 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 25 of 72
`
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`Q. Did he begin in the middle of the week?
`A. I do not. Sorry.
`Q. Okay. Now, as the COO, in your position, when there's a
`union petition filed, is that something that you get notified
`of?
`A. Yes.
`Q. And when an election is scheduled, is that something
`that you get notified of?
`A. I have been notified when there's an election to take
`place, yes.
`Q. Okay. And about this time that you let Ms. Murzl go,
`around that time, is when the election was scheduled for the
`Fiesta Henderson location; is that right?
`A. I do not know.
`Q. Around the time in let's say early to mid September
`2019, occasionally you would be at the Red Rock facility; is
`that right?
`A. I'm not sure. I go to properties. So it's safe to say.
`I mean I hit every property. At one point, I was hitting
`every property every week. So it's safe say I was at Red
`Rock in early September.
`Q. Okay. And you were noticing Union buttons, lots of
`Union buttons with the employees; is that right?
`A. I don't remember.
`Q. And when I say Union buttons, you know what I'm
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 8 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 26 of 72
`
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`referring to, right?
`A. Yes.
`Q. Okay. Because the Culinary Union, they organize using
`buttons; is that correct?
`A. They wear buttons. I don't know if that's part of their
` -- I know they wear buttons.
`Q. And when you say they wear buttons, you're talking about
`employees that are typically included within the Culinary
`unit; is that correct?
`A. I know that there are team members that wear buttons.
`Q. And they're team members that work in positions such as,
`I don't know, let's say the ballroom staff?
`A. I'm sorry. Who did you say?
`Q. What kind of employees are considered ballroom staff?
`A. My catering team.
`Q. Okay. And so the catering team, catering employees,
`those are the type of classifications that are included in
`the Culinary unit; is that correct?
`A. The catering team is part of the Culinary unit, correct.
`Q. Okay. And so -- and the bells?
`A. Bells, I mean I think are in some Culinary, but I don't
`believe they're in all.
`Q. Okay. Now, and then there's also employees that work on
`the hotel side that are typically within the Culinary unit;
`is that right?
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 9 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 27 of 72
`
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`A. Hotel is typically a bargaining unit, correct.
`Q. The Culinary Union units?
`A. It's in a bargaining unit. I'm not going to guess which
`union, but they are part of a union, a bargaining unit I
`should say.
`Q. And so when you were noticing the -- you said that you
`saw employees wearing buttons, right?
`A. I've seen -- yes, I've seen employees wearing buttons
`for 20 years.
`Q. Okay. And those would be -- let's say in September of
`2019, you were noticing employees that work in -- well, let's
`stick with catering. You noticed employees working in the
`catering positions, they were wearing Union buttons; is that
`right? At the Red Rock facility.
`A. I don't know.
`Q. But there was a certain point in time in September of
`2019, when you noticed there were lots of Union buttons being
`worn. Is that right?
`A. I don't know.
`(General Counsel's Exhibit 113(a) marked for identification.)
`Q. BY MS. DEMIROK: Okay. I'd like to share with you what
`I'm marking as General Counsel's Exhibit 113. Okay. And,
`Mr. Finch, can you see what I have here up on the screen?
`A. I can.
`Q. Okay. And on the top of this page, it has your name Bob
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 10 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 28 of 72
`
`1457
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`Finch and then it says blue, right?
`A. It does.
`Q. And then Michael Britt and in parentheses we've got
`gray. Do you see that?
`A. Correct.
`Q. Okay. And then it appears to be a picture in the middle
`of the page. Is that right?
`A. That's correct.
`Q. Okay. And is this a picture of your phone?
`A. I gave my phone for text messages to Jeff Welch. So if
`it's submitted, I'll say, yes. I can't -- it's hard to see
`because I can't read it. There's an image in the middle of
`the page, but it's very small.
`Q. Let me zoom in for you, and see if that works.
`A. I don't see anything, yeah. Okay.
`Q. MB at the top. Can you make that out?
`A. Yes, I can.
`Q. Okay. And MB --
`A. Michael Britt.
`Q. Michael Britt, okay. And so if this was a communication
`with Michael Britt, this text communication, if it was
`between you and him, I mean if it was your phone, his name
`would be at the top. Would that be a fair way to describe
`how an iPhone works like this?
`A. Yes.
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 11 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 29 of 72
`
`1458
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`Q. Right. So if this was your phone -- if it was your
`phone, it wouldn't have your name at the top. It would have
`the person who you're communicating with?
`A. I believe.
`Q. And so can you read the words here that on that?
`A. If you can make them a little bit bigger. Sorry.
`Q. Yeah, let me try.
`A. Okay. I can read it now.
`Q. Okay. All right. Now, it appears to be a text
`communication that's occurring on September 14, 2019. Do you
`see that?
`A. Yes.
`Q. And on the blue, those would be your messages. Is that
`right?
`A. Per the copy at the top it says I'm in blue; correct.
`Q. Okay. And so your messages are in blue; is that
`correct?
`A. Again, that's what you showed me before, but it says my
`texts were in blue.
`Q. Okay. So you don't know?
`A. I mean the copy above says my texts are in blue. So
`those are blue texts.
`Q. Is this your phone that we're looking at?
`A. I gave my phone to Jeff Welch to download. So I'm going
`to assume since it went to an attorney that it is.
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 12 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 30 of 72
`
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`Q. Okay.
`A. But there's no tell on there that says it is mine at
`this point.
`Q. But does this look like -- it looks like there's some
`sort of a case around the phone. Does that look like the
`case on your phone?
`A. I have a black rubber case on my phone.
`Q. Okay. I mean does this look like the black rubber case
`on your phone?
`A. It's hard to say. I mean I can't tell.
`Q. Okay. All right. So, we have here in the blue. I
`guess you're assuming that this is you, but the first one on
`the top, right above that --
`A. Um-hum.
`Q. -- lots of Union buttons. Do you see that?
`A. I do.
`Q. Okay. And then it says for you in blue, you responded,
`they've been popping up more every day at RR. Do you see
`that?
`A. I do.
`Q. Okay. Now, RR, that's shorthand for the Red Rock
`facility; is that right?
`A. Correct.
`
`MS. DEMIROK: Your Honor, I would move to admit General
`Counsel's Exhibit 113. I'm sorry, Your Honor, 113.
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 13 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 31 of 72
`
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`(General Counsel's Exhibit 113(b) marked for identification.)
`
`MS. DEMIROK: What I'd also like to show -- I attempted
`to make it a little bit bigger on the next page which I would
`like to do is submit for the record both this page that we
`just looked at which has a Bates number at the bottom, Bates
`number 25659, and then a second page where the imagine has
`been cropped and blown up, just as an aid. I would move to
`admit -- I would do General Counsel's Exhibit 113 as the
`document with the Bates number, and then 113(a) as the blown
`up version.
`
`JUDGE WEDEKIND: Okay. Any objection?
`
`MS. WEBER: No objection.
`
`MR. LOMINACK: No objection, but I would note just for
`the record, the indications at the top, they were input by us
`in terms of the production for this, for these purposes, not
`by the witness or anything. So I would just note if he's
`being used to authenticate this, that was input by us.
`
`JUDGE WEDEKIND: Okay. And tell me again what's at the
`top. What's the little thing about the blue or --
`
`MR. LOMINACK: Probably on the other one. On the actual
`page, the white part I believe, yeah.
`
`JUDGE WEDEKIND: Okay. And so this was provided by the
`Company to the General Counsel in response to a subpoena.
`And you put that in there to identify what --
`
`MR. LOMINACK: Correct.
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 14 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 32 of 72
`
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`JUDGE WEDEKIND: So it seems to me that it's been
`
`identified and authenticated to my satisfaction. So it's
`received.
`(General Counsel's Exhibit 113(a) and 113(b) received in
`evidence.)
`
`MR. LOMINACK: Thank you.
`Q. BY MS. DEMIROK: And can you tell us, Mr. Finch, what is
`Michael Britt's role with the Company?
`A. He is our vice president of corporate communications and
`PR, but mostly corporate communications.
`Q. What does that mean? What would his duties entail?
`A. His duties would entail -- really it's a political piece
`in town, you know, any kind of -- like when we do our
`earnings releases and we're reporting stuff out to Wall
`Street, I mean corporate communications out from a business
`point of view.
`Q. And so would it be fair to say that when you were having
`that text conversation that we took a look at with Mr. Britt,
`that you were noticing more and more Union buttons at the Red
`Rock facility?
`A. Basically I was.
`Q. And that was the same week that Mr. Fortino started
`working on at Stations; is that right?
`A. I don't know the relationship. I can't say yes.
`Q. That was around the time that Ms. Murzl was let go. Is
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 106 - Page 15 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 33 of 72
`
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`CERTIFICATION
`This is to certify that the attached proceedings before
`
`the National Labor Relations Board (NLRB), Region 28, in the
`matter of NP RED ROCK LLC, d/b/a Red Rock Casino Resort Spa,
`et al., Case No. 28-CA-244484 et al., via videoconference, on
`December 11, 2020, were held according to the record, and
`that this is the original, complete, and true and accurate
`transcript that has been compared to the reporting or
`recording accomplished at the hearing, that the exhibit files
`have been checked for completeness and no exhibits received
`in evidence or in the rejected exhibit files are missing.
`
`
`
`
`
`
`
`
`
`
`
`
`_____________________________
`Tamara Candeloro
`Official Reporter
`
`
`
`
`
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`
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`
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`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`PX 106 - Page 16 of 16
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 34 of 72
`
`
`PX 107
`Administrative
`Transcript Volume 24
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 35 of 72
`
`2980
`
`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,
`|
`|
`| Case No. 28-CA-244484,
`and
`et al.
`
`|
`
`
`CLAUDIA MONTANO, an Individual, |
`|
`and
`
`
`
`
`|
`|
`LOCAL JOINT EXECUTIVE BOARD OF
`|
`LAS VEGAS, a/w UNITE HERE
`|
`INTERNATIONAL UNION.
`|
`|
`
`The above-entitled matter came on for hearing pursuant
`to notice, before JEFFREY D. WEDEKIND, Administrative Law
`Judge, via videoconference, on Friday, January 15, 2021, at
`10:00 a.m. PST.
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`PX 107 - Page 1 of 12
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 36 of 72
`
`2981
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`44
`
`A P P E A R A N C E S
`
`
`Counsel for the General Counsel:
`
`
`
`SARA DEMIROK, Esq.
`
`National Labor Relations Board, Region 28
`
`2600 North Central Avenue, Suite 1400
`
`Phoenix, AZ 85004
`
`(602) 416-4761 (Sara)
`
`Kyler.scheid@nlrb.gov
`
`Sara.demirok@nlrb.gov
`
`
`On Behalf of the Charging Party (UNITE HERE):
`
`
`KIMBERLY C. WEBER, Esq.
`
`McCracken, Stemerman & Holsberry, LLP
`
`595 Market Street, Suite 800
`
`San Francisco, CA 94105
`
`(415) 597-7200
`
`kweber@mshlaw.com
`
`
`On Behalf of the Respondent:
`
`
`
`DAVID B. DORNAK, Esq.
`
`Fisher Phillips, LLP
`
`300 S. Fourth Street, Suite 1500
`
`Las Vegas, NV 89101
`
`(702) 862-3812
`ddornak@fisherphillips.com
`
`
`
`REYBURN W. LOMINACK, III, Esq.
`
`MICHAEL D. CARROUTH, Esq.
`
`Fisher Phillips, LLP
`
`1320 Main Street, Suite 750
`
`Columbia, SC 29201
`
`(803) 255-0000 (office)
`
`(803) 730-4901 (cell Carrouth)
`
`rlominack@fisherphillips.com
`
`mcarrouth@fisherphillips.com
`
`
`
`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
`
`
`
`PX 107 - Page 2 of 12
`
`

`

`Case 2:20-cv-02351-GMN-VCF Document 25-1 Filed 01/30/21 Page 37 of 72
`
`2982
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`A P P E A R A N C E S (cont.)
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`Also Present:
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`Alison Storella, Bailiff, NLRB
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`Kevin Kline, Representative, UNITE HERE
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`Erika Hernandez, Company representative
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`Mark Ricciardi, Esq., observer
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`Free State Reporting, Inc.
`1378 Cape St. Claire Road
`Annapolis, MD 21409
`(410) 974-0947
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`PX

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