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`UNITED STATES OF AMERICA
`BEFORE THE NATIONAL LABOR RELATIONS BOARD
`REGION 28
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`RED ROCK RESORTS, INC.;
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`and
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`STATION HOLDCO LLC;
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`and
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`STATION CASINOS LLC;
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`and
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`FP HOLDINGS, L.P. d/b/a
`PALMS CASINO RESORT AND PALMS PLACE, and
`FIESTA PARENTCO, L.L.C., General Partner;
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`and
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`NP BOULDER LLC d/b/a
`BOULDER STATION HOTEL & CASINO;
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`and
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`NP FIESTA LLC d/b/a
`FIESTA RANCHO HOTEL & CASINO;
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`and
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`NP LAKE MEAD LLC d/b/a
`FIESTA HENDERSON CASINO HOTEL;
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`and
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`NP PALACE LLC d/b/a
`PALACE STATION HOTEL & CASINO;
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`and
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`NP RED ROCK LLC d/b/a
`RED ROCK CASINO, RESORT & SPA;
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`and
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`FP 42067681.1
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`NP SANTA FE LLC d/b/a
`SANTA FE STATION HOTEL & CASINO;
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`and
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`NP SUNSET LLC d/b/a
`SUNSET STATION HOTEL & CASINO;
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`and
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`NP TEXAS LLC d/b/a
`TEXAS STATION GAMBLING HALL AND HOTEL;
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`and
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`STATION GVR ACQUISITION, LLC d/b/a
`GREEN VALLEY RANCH RESORT SPA CASINO;
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`collectively, a Single Employer and
`Single Integrated Enterprise
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`And
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`LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS
`a/w UNITE HERE INTERNATIONAL UNION
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`And
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`THOMAS STALLINGS, an Individual
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`Party in Interest
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`FP 42067681.1
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`Cases 28-CA-228052
`28-CA-228944
`28-CA-247602
`28-CA-248464
`28-CA-249203
`28-CA-249576
`28-CA-251083
`28-CA-251254
`28-CA-251803
`28-CA-252404
`28-CA-252964
`28-CA-256630
`28-CA-257778
`28-CA-260167
`28-CA-260169
`28-CA-260187
`28-CA-260199
`28-CA-260207
`28-CA-260209
`28-CA-260216
`28-CA-261666
`28-CA-262465
`28-CA-262973
`28-CA-262977
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`28-CA-262980
`28-CA-262982
`28-CA-262987
`28-CA-263582
`28-CA-264135
`28-CA-264297
`28-CA-264465
`28-CA-264469
`28-CA-264476
`28-CA-264612
`28-CA-264619
`28-CA-264626
`28-CA-264631
`28-CA-264638
`28-CA-266556
`28-CA-266987
`28-CA-267067
`28-CA-268930
`28-CA-268957
`28-CA-268958
`28-CA-268960
`28-CA-269516
`28-CA-269517
`28-CA-269519
`28-CA-269520
`28-CA-269959
`28-CA-269962
`28-CA-269965
`28-CA-271251
`28-CA-271608
`28-CA-273812
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`RED ROCK RESORTS, INC.;
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`and
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`STATION HOLDCO LLC;
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`and
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`STATION CASINOS LLC;
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`and
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`NP SUNSET LLC d/b/a
`SUNSET STATION HOTEL & CASINO;
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`FP 42067681.1
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`and
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`FP HOLDINGS, L.P. d/b/a
`PALMS CASINO RESORT AND PALMS PLACE, and
`FIESTA PARENTCO, L.L.C., General Partner;
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`collectively, a Single Employer and
`Single Integrated Enterprise
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`and
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`INTERNATIONAL UNION OF OPERATING
`ENGINEERS, LOCAL 501, AFL-CIO
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`Party in Interest
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`and
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`THOMAS STALLINGS, an Individual
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`RED ROCK RESORTS, INC.;
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`and
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`STATION HOLDCO, LLC;
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`and
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`STATION CASINOS LLC;
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`and
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`NP TEXAS STATION LLC d/b/a TEXAS STATION
`GAMBLING HALL AND HOTEL;
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`collectively, a Single Employer and Single Integrated
`Enterprise
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`and
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`MARIA SANJUANA ORTIZ, AN INDIVIDUAL
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`RED ROCK RESORTS, INC.;
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`FP 42067681.1
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`Cases 28-CA-239331
`28-CA-247230
`28-CA-260724
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`Case 28-ca-245647
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`and
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`and
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`and
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`Case 28-CA273936
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`STATION HOLDCO LLC;
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`STATION CASINOS LLC;
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`NP PALACE LLC d/b/a PALACE STATION HOTEL &
`CASINO
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`collectively, a Single Employer and Single Integrated
`Enterprise
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`and
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`BLAKE SAARI, AN INDIVIDUAL
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`RESPONDENTS’ RESPONSE IN OPPOSITION TO LOCAL JOINT EXECUTIVE
`BOARD OF LAS VEGAS’ PETITION TO REVOKE SUBPOENAS
`AD TESTIFICANDUM A-1-1CZFJXL
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`INTRODUCTION
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`On October 6, 2021,1 Respondents served subpoena ad testificandum, A-1-1CZFJXL
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`(“SAT”) on D. Taylor, International President, UNITE HERE requiring his testimony at the
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`upcoming hearing in this matter. On Thursday, October 14, counsel for the Local Joint Executive
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`Board of Las Vegas (“LJEB”) filed a petition to revoke (“PTR”) the subpoena on D. Taylor’s and
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`LJEB’s behalf. On October 18, Judge Amita B. Tracy issued a Show Cause Order directing
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`Respondents to show cause why the PTR should not be granted no later than Wednesday, October
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`20.
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`1 All dates referenced herein are 2021 unless otherwise specified.
`1
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`FP 42067681.1
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`As set forth below, the PTR relies on blatant misrepresentations and the SAT seeks
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`testimony that is directly relevant to the allegations set forth in the Complaint and Respondents’
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`defenses thereto.
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`ARGUMENT
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`LJEB has not made any argument that these SATs should be revoked on any identifiable
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`legal grounds. Instead, LJEB attempts to avoid the testimony of its highest-ranking official by
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`relying on unsupported representations that D. Taylor has not been involved in any of the
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`allegations set forth in the Complaint. This position rests on two related, but equally false premises:
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`(1) that the SAT should be revoked because Taylor did not witness first-hand any of the allegations
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`set forth in the Complaint; and (2) that Taylor has not been involved in the organizing activity
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`related to Respondent locations. Remarkably, despite heaps of publicly available content showing
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`otherwise, LJEB asserts that Taylor was not involved in organizing employees at the properties
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`subject to the Complaint and has no relevant knowledge of any of the allegations set forth in the
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`Complaint. As set forth below, these contentions are not only false, but do not warrant revocation
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`of the SAT.
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`A. The testimony of D. Taylor is relevant to Complaint allegations.
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`Courts enforce subpoenas issued by the Board pursuant to Section 11(1) of the Act when
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`the court finds “that a proceeding is pending before the Board of which it has jurisdiction and the
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`evidence sought relates to or touches the matter under investigation.” NLRB v. Dutch Boy, Inc.,
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`606 F.2d 929, 932 (10th Cir. 1979). Additionally, a subpoena is proper when it is designed to
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`produce material concerning a defense, even if that defense may never arise. NLRB v. North Bay
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`Plumbing, Inc., 102 F.3d 1005 (1996), citing NLRB v. Dutch Boy, Inc., 606 F.2d at 933 n. 4. A
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`subpoena should be enforced if the evidence sought is relevant to Respondents’ defenses, or at
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`FP 42067681.1
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`2
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`least serves as background information or leads to other evidence potentially relevant to the
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`disputed allegations or defenses. See McDonald’s USA, LLC, 363 NLRB No. 144, at 15 (2016)
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`(citing Perdue Farms, 323 NLRB 345, 348 (1997)). As explained below, the testimony expected
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`from Taylor is well within this standard and the plain language of Section 102.31(b).
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`Contrary to LJEB’s PTR, Respondents’ served the SAT because publicly available
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`information and other evidence shows that Taylor has knowledge of facts directly relevant to the
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`allegations contained in the Complaint and Respondents’ defenses thereto. Taylor was employed
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`by LJEB Local 226 from approximately 2002 through 2013, when he became President of UNITE
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`HERE, LJEB’s parent union. During his time with LJEB, Taylor was directly involved in LJEB’s
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`ongoing attempts to organize the various Station Casino properties, which began in 2008. In
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`addition, as the primary leader of the parent union – UNITE HERE – Taylor was no doubt aware
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`of and provided guidance to his successors on organizing the properties. This is supported by
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`multiple public statements set forth hereinbelow. As the underlying legal basis for many of the
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`actions alleged to be unlawful in the complaint were in direct response to the aggressive and
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`disruptive organizing tactics, Taylor is certain to have knowledge regarding the basis for and
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`underlying motive in the ongoing publicity campaigns, organizing, litigation, and political
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`campaigns against the Stations Casino organization.
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` Even in the absence of direct involvement in the allegations contained in the Complaint,
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`Taylor should still be compelled to testify. As the General Counsel and counsel for LJEB have
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`repeatedly argued in opposing Respondents’ petition to revoke the subpoenas issued to the Fertitta
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`brothers (the two highest ranking executives of Respondents), Taylor undoubtedly has unique
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`information unavailable from other sources.2 Respondents have reason to believe that Taylor has
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`2 Nor should the ALJ indulge LJEB’s argument that enforcing the subpoena would “distract” Taylor from his duties.
`As recently noted by the ALJ, even where a subpoena directs the testimony of an “apex” witness, the witness should
`3
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`FP 42067681.1
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`unique and detailed knowledge, involvement, and input in the decade long efforts of his union to
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`organize Respondents’ facilities.
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`B. Taylor is Intimately Involved in LJEB’s organizing efforts and Frequently Discusses
`LJEB’s Efforts at Station Casinos.
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`The assertion that Taylor’s “was not directly involved in the events underlying the
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`complaint allegations” and that he is not a “percipient witness” are simply false. Public information
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`demonstrates that Taylor have been keenly aware of and intimately involved in LJEB’s organizing
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`efforts at Respondent casino properties. For example:
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` On June 26, 2019, Taylor was photographed participating in a picket at the Palms Casino.3
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`be required to appear where he has “critical” information and knowledge “uniquely known” to him. It is likewise
`“reasonable to conclude that [Taylor] may have relevant information” that may rebut the General Counsel’s claims or
`support Respondents’ defenses. See Order Denying Respondents’ Petition To Revoke Subpoenas Ad Testificandum
`A-1-1D0635D and A-1-1D0RGN1 (Aug. 12, 2021).
`3 See The Latest: Las Vegas Casino Workers Picket Palms Casino, U.S. News (June 26, 2019) available at
`https://www.usnews.com/news/best-states/nevada/articles/2019-06-26/the-latest-las-vegas-casino-
`workers-picket-palms-casino?context=amp.
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`FP 42067681.1
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`4
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` On or about February 24, 2020, Taylor participated in another picket line at the Palms
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`Casino in which he openly disparaged Respondents and their ownership: “These guys are
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`scumbag liars! The only way we’re going to win is to kick the everloving crap out of them
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`and beat the shit out of them.”4
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` On or about April 9, 2020, Taylor took credit in the press for Station Casino’s decision to
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`pay employees laid off as a result of the COVID-19 pandemic.5
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`4 See The Culinary Workers Run Vegas. The Politicians Are Just Visiting, In These Times (Feb. 24, 2020)
`available at https://inthesetimes.com/article/culinary-workers-union-organizing-las-vegas-nevada-caucus.
`5 See Union Leader: Casinos Taking a Pass on Federal Relief in Order to Terminate Workers, Nevada
`Current (Apr. 9, 2020) available at https://www.nevadacurrent.com/2020/04/09/union-leader-casinos-
`taking-a-pass-on-federal-relief-in-order-to-terminate-workers/.
`5
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`FP 42067681.1
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` On May 25, 2021, Taylor testified before the United States Senate Committee on
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`Commerce, Science, and Transportation, specifically mentioning Station Casinos by name
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`and disparaging Station Casino’s effort to combat the COVID-19 pandemic. His prepared
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`remarks likewise included a supplementary statement from a former Station Casino
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`employee.6
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` One month ago, on September 19, 2021, underscored his involvement in LJEB’s
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`organizing strategy: “Taylor said the union hasn’t ‘ignored’ other locals gaming companies
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`as potential organizing targets. Red Rock Resorts is the largest locals gaming operator,
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`which follows the union’s strategy, be it in organizing employees or dealing with contract
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`negotiations. ‘Until there is success with Station Casinos, it is sort of useless to talk about
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`other properties in the neighborhood market,’ Taylor said. ‘They are the biggest.’7
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`A simple google search of “D. Taylor and Station Casinos” reveals additional articles
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`containing similar statements. As evidenced from the referenced articles, Taylor has no problem
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`speaking with the media about organizing strategy, has no issue frequently participating in picket
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`lines at Respondents’ properties, and has even solicited statements from Respondents’ employees
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`to present to the United States Senate.8 Regardless of what LJEB now claims, Taylor’s own
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`comments and conduct reveals detailed knowledge of strategy initiatives, participation in ongoing
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`6 See Testimony of D. Taylor, Hearing Before the Tourism, Trade and Export Promotion Subcommittee of
`the
`Commerce
`Comm.,
`U.S.
`Senate
`(May
`25,
`2021)
`available
`at
`https://www.commerce.senate.gov/services/files/DABB1D5E-8AE1-4DC0-9614-A93E902D105A.
`7 See ‘What’s the endgame?’ No resolution projected as decades-long feud between Culinary and Station
`continues,
`The
`Nevada
`Independent
`(Sept.
`19,
`2021)
`Casinos
`available
`at
`https://thenevadaindependent.com/article/whats-the-endgame-no-resolution-projected-as-decades-long-
`feud-between-culinary-and-station-casinos-continues.
`8 LJEB’s contention that Taylor has no personal knowledge concerning this matter rings hollow in light of
`the fact that he seemingly possessed enough information about Station Casinos and its employees to speak
`about them before the United States Senate.
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`FP 42067681.1
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`6
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`campaigns, and demonstrates a keen awareness of the status of LJEB’s organizing efforts. LJEB’s
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`attempt to shield Taylor from testifying in this matter should be rejected and the PTR denied.
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`I.
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`CONCLUSION
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`Based on the foregoing, Respondents respectfully request that Judge Tracy deny LJEB’s
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`Petition to Revoke in its entirety.
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`October 20, 2021
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`FP 42067681.1
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`Respectfully submitted,
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`/s/Douglas R. Sullenberger
`Douglas R. Sullenberger, Esq.
`FISHER & PHILLIPS LLP
`1075 Peachtree Street, NE - Suite 3500
`Atlanta, Georgia 30309
`dsullenberger@fisherphillips.com
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`
`/s/Timothy Scott
`Timothy Scott, Esq.
`FISHER & PHILLIPS LLP
`201 St. Charles Avenue - Suite 3710
`New Orleans, LA 70170
`tscott@fisherphillips.com
`
`/s/Joshua H. Viau
`Joshua H. Viau
`FISHER & PHILLIPS LLP
`1075 Peachtree Street, NE - Suite 3500
` Atlanta, Georgia 30309
`jviau@fisherphillips.com
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`7
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`STATEMENT OF SERVICE
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`The undersigned hereby states that Respondents’ Response in Opposition to Local Joint Executive
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`Board of Las Vegas’ Petition to Revoke Subpoena Ad Testificandum A-1-1CZFJXL in the above-
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`captioned cases has been E-Filed on the National Labor Relations Board’s website, and a copy
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`served on the following by email, on the date indicated below:
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`Sara Demirok, Esq.
`Eric B. Myers, Esq.
`Richard Treadwell
`David Rosenfeld, Esq.
`Maria Sanjuana Ortiz
`Blake Saari
`J. Soto
`K. Kline
`Kyler A. Scheid
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`sara.demirok@nlrb.gov
`ebm@msh.law
`rtreadwell@msh.law
`nlrbnotices@unioncounsel.net
`juanyzz70@yahoo.es
`readi702@gmail.com
`jsoto@local501.org
`kkline@unitehere.org
`kyler.scheid@nlrb.gov
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`October 20, 2021
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`/s/Nicole Reeb
`Fisher & Phillips LLP
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`8
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`s/
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`FP 42067681.1
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