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`DAVID A. ROSENFELD, Bar No. 058163
`WEINBERG, ROGER & ROSENFELD
`A Professional Corporation
`1375 55th Street
`Emeryville, California 94608
`Telephone (510) 337-1001
`Fax (510) 337-1023
`E-Mail: drosenfeld@unioncounsel.net
`Attorneys for INTERNATIONAL UNION OF OPERATING
`ENGINEERS, LOCAL 501, AFL-CIO
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`RED ROCK RESORTS, INC.,
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`and
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`STATION HOLDCO LLC,
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`STATION CASINOS LLC,
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`and
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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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`UNITED STATES OF AMERICA
`NATIONAL LABOR RELATIONS BOARD
`REGION 28
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`FURTHER AMENDED NOTICE OF
`INTENTION TO SEEK NECESSARY
`REMEDIES
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`NP FIESTA LLC d/b/a FIESTA RANCHO
`HOTEL & CASINO,
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`and
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`and
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`NP LAKE MEAD LLC d/b/a FIESTA
`HENDERSON CASINO HOTEL,
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`1
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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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`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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`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
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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
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` 28-CA-260199
` 28-CA-260207
` 28-CA-260209
` 28-CA-260216
` 28-CA-261666
` 28-CA-262465
` 28-CA-262973
` 28-CA-262977
` 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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`HOTEL & CASINO
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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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`and
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`THOMAS STALLINGS, an individual
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` Party in Interest
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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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`and
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`STATION HOLDCO LLC
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`and
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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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`STATION CASINOS LLC
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`and
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`NP PALACE LLC d/b/a PLACE 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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`Case 28-CA-273936
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`This is an amended notice to seek remedies in this case. This is submitted after the
`General Counsel issued her Memorandum GC 21-06 on September 8, 2021 suggesting that the
`Board should grant additional remedies in appropriate circumstances.
`The reference in this request to time period refers to the time six months preceding the
`filing of the first Board charge to when the employer completes compliance with any remedy in
`this case. References to employer include employers, agents, officers, successors, alter egos,
`attorneys, assigns, persons acting in conspiracy or concert with any of them. Station casinos and
`employer are the same scoundrels.
`Charging Party, Local 501, intends to seek the following necessary remedies. These are
`not extraordinary or unusual remedies but are necessary because of the egregious, scandalous,
`heinous and uninterrupted misconduct of the employers in this case. Particularly necessary
`because the two owners, the Fertitta brothers, have staked their position that they will violate the
`law in every respect to avoid having unions represent their employees. The following are
`remedies that the Charging Party will seek. The Charging Party reserves the right to seek
`additional remedies. Although the reference is to Charging Party, Local 501, Local 501 suggests
`that the other Charging Party, Local Joint Executive Board should be entitled to the same
`remedies.
`(1)
`The language in the notice should be an affirmative statement such as “we have
`been found to have violated the National Labor Relations Act ….” The notice should not be
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`simply a “refrain from” statement but should be an affirming statement as to the employer’s
`violations.
`(2)
`The notice should specifically reference that the employer agrees that it has
`violated the Act. The reference in most notices that the employer will not engage in conduct is
`insufficient. The notice must affirmatively state that the employer agrees that it violated the Act
`and each of the facts and conclusions found by the Board.
`(3)
`The notices should not have the language referring the right of employees to
`refrain from Section 7 activity.
`(4)
`The employer’s Code of Conduct should be modified to include a specific
`reference that employees have the right to form, join or assist labor organizations and provide for
`their Section 7 rights. Furthermore, the Code of Conduct should specifically refer to that right
`and guarantee that those rights will be protected and respected.
`(5)
`The notices must be signed personally by both of the Fertitta brothers and also a
`separate management official at each of the casinos. Every management agent who is identified
`as having committed an unlawful act should be required to sign the notices.
`(6)
`The notice should be signed in a signing ceremony, which can be filmed or
`recorded by the Charging Party.
`(7)
`All notices should be posted on the Company’s website for the public to see for a
`period of the length of time from when the Unfair Labor Practice charges commenced to when
`the notices actually posted.
`(8)
`The notices should be posted on all Company’s intranets for the same period.
`(9)
`The notices should be physically posted for the same period.
`(10) The notice should be read in all group or employee meetings for the same period
`of time.
`(11) All billboards, electronic sign boards and advertising must use appropriate font
`size in communicating the following messages: “We respect the rights of our employees to be
`represented by a union.” “We have recognized the unions represented our employees.” “We
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`have been found guilty of violating federal law,” and “Our owners have apologized to the
`workers for violating their rights.”
`(12) The notice should be provided to all guests when they check in for the same
`period.
`(13) The notices should be posted in all facilities of Station casinos or any subsidiaries.
`They should be posted in any location where the Fertitta brothers do business and in their homes.
`(14) The employer should be required to post the ill-fated employee rights notice,
`which the courts struck down for the same period referred to above.
`(15) The notice should be prepared in any language designated by any Charging Party
`as necessary and distributed to those employees whose first language is the alternative language.
`The employer should pay for the translation done by approved certified union translators.
`(16) The employer must provide original signed copies of the Board’s notice to the
`Charging Party.
`(17) The notice should be mailed by United Parcel Service with tracking required to all
`former employees who was employed in the unit from the date that the Unfair Labor Practices
`began until the notices are posted. The employer should be prohibited from using FedEx.
`(18) Copies of the Board’s decision should be provided free of charge by the employer
`to all employees of the bargaining unit from the date of the Unfair Labor Practices to the date it
`is provided.
`(19) Copies of the Board’s decision should be mailed to all employees who have
`formerly worked for the employers for the same period.
`(20) Each employee should be afforded 3 hours of paid time at overtime for each page
`of the Board Decision to read and review and discuss the Board’s order and remedy.
`(21) Employees who are no longer working for Station casinos should receive 12 hours
`pay at their last rate of pay for the time spent in reading documents mailed to them. They should
`not be required to read them on their own time.
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`(22) The Board’s notice should be read by the Fertitta Brothers together every six
`months for the same period referred to above at least 3 times per day in each facility. All
`managers and supervisors should be required to be present at any reading of the notice.
`(23) The employer should require to publish the notice in newspapers and/or other
`forums such as online publications, websites, social media websites either maintained by the
`employer or maintained by public sources. These sites should be chosen by the Union and paid
`for completely by the employer so as to reach all current and former affected employees as well
`as future potential hires and employees of other employers.
`(24) The Charging Party should be allowed to film or and record any such reading for
`distribution. The film or recordation of the notice of reading should be posted on the employer’s
`intranet and internet for the same period as the notice.
`(25) The employer should be required to pay all the employees a bonus of at least
`$3.00 an hour for the trauma and loss of employee rights for the next 10 years or until waived by
`a Charging Party.
`(26) Back pay should be computed without any offset for mitigation.
`(27) The installment of a qualified applicant of the Union’s choice in the event any
`discharged discriminatee is unable to return to work or chooses not to return to work at the
`employer.
`(28) Compensatory damages should be awarded.
`(29) The reinstatement of any unlawfully withdrawn bargaining proposals.
`(30) The engagement of a mediator from the Federal Mediation Conciliation Service to
`help facilitate good faith bargaining, if chosen by the Union.
`(31) The Board should order appropriate bargaining schedules as determined by the
`Union until a bona fide impasse or agreement is reached. If the employer asserts a bona fide
`impasse, the employer must prove the existence of that bona fide impasse to a clear and
`convincing degree.
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`(32)
`Interest should be computed on a compound daily basis at the rate of twice the
`present Board interest rate.
`(33) Charging Party should be reimbursed all bargaining expenses and organizing
`expenses.
`(34) Charging Party should be awarded all their attorneys’ fees and costs in this
`litigation.
`(35) Charging Party should be awarded all their costs and attorney’s fees in any
`collective bargaining.
`(36) The name of the Fertitta Teams Medical Center should be changed for the posting
`period to “Worker’s Right to Union Representation Medical Center.”
`(37) The Fertitta brothers should open up their outsized mansions for visits by their
`employees. Andrew Jackson let the public into the White House; the Fertita brothers can do the
`same. Or, alternatively, Louis XVI let the people of France into Versailles and other palaces
`under less favorable circumstances. The Fertitta brothers should host parties catered by union
`caterers or by union workers from the Station casinos.
`(38) The Fertitta brothers should be required to divest themselves of any interest in or
`control of the casinos until they can demonstrate they can comply with the law.
`(39) The Fertitta brothers and a management official in each of the casinos should be
`required to be present during each shift once a month for three hours to listen to employee
`complaints.
`(40) The employer should be required to have mandatory training every six months by
`an outside source, approved by the unions, regarding the National Labor Relations Act and
`Section 7 rights as well as other statutory rights. The training must at least contain 50% portion
`related to rights under the National Labor Relations Act. This training should occur every six
`months, and each supervisor must be mandated to participate in the training as a condition of
`employment for the same period referred to above. Charging Party representatives should be
`present.
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`(41) The employer should be ordered to purchase copies of Gorman and Finkin “Labor
`Law Analysis and Advocacy” (Juris 2013) for all its labor relations representatives or anyone
`involved in labor relations for the next 10 years.
`(42) The employer should allow representatives of the Charging Party access to each
`of the facilities without restriction for the same period of time.
`(43) The Charging Party should be provided an office with tables, desk, and furniture,
`and it should be at least as nice as the office of the General Manager of each property without
`any employer surveillance in the casinos for the same period of time referred to above plus five
`years.
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`(44) The managers and supervisors should be required to wear buttons which say “We
`respect the right of our employees to be represented by a union.” All logos on company
`provided clothes should have the same language.
`(45) The employees should be allowed to wear union hats, t-shirts, buttons or insignia
`for the same period any place any time.
`(46) Managers and supervisors should be required to create a log of each encounter
`with any employee where the employee is arguably involved in or engaged in activities protected
`by Section 7. The log should be made available to the Charging Party upon request and to the
`NLRB upon request.
`(47) The Board’s order should be a broad order prohibiting all violations of the Act no
`matter what kind.
`(48) The employer should be prohibited from withdrawing recognition in any unit
`except upon the certification of an NLRB conducted election.
`(49) No decertification election should be conducted for at least 10 years.
`(50) Station casinos should hire an independent monitor just as courts have required in
`RICO cases and other situations. The monitor should be independent and paid for by Station
`casinos. We suggest, for example, Wilma Liebman, Richard Griffin, Lynn Rhinehart or Mark
`Schneider.
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`(51) All notices etc. should be translated into all languages read or spoken by
`employees at the expense of Station casinos.
`(52) A sign language interpreter should be provided at all readings required by the
`Board’s order.
`(53)
`If there is evidence of coercer activity as defined in 29 U.S.C. § 433, the matter
`should be referred to the Department of Labor to enforce those provisions against the coercer and
`the employer.
`(54) Any misconduct by the representatives of the employer should be referred to the
`General Counsel’s office for action pursuant to 29 C. F. R. § 102.177.
`(55) Visitorial and discovery clauses to assist the NLRB in monitoring compliance of
`the Board’s orders, including requiring the employer to grant board agent access to its facilities
`and to produce all relevant records so that the board agents can determine whether the employers
`have complied with posting, distribution, mail in requirements or any other requirements of the
`board’s order. In addition the Board should be permitted to obtain discovery rights as provided
`for under the Federal Rules of Civil Procedure for compliance purposes.
`(56) The notices should be emailed to employees at their email addresses once a month
`for the same period. The notices should be provided to all new hires.
`(57) The notices should be provided to all hires who are not in the bargaining unit,
`including supervisors, managers or others who otherwise excluded from the bargaining unit. To
`the extent that they are not employees, they should be required to acknowledge receipt of the
`notices and agree to abide by the notices as a condition of employment.
`(58) All current and future agents, including supervising managers must acknowledge
`receipt of the notice and agree to abide by it and the Board order.
`(59) The employer should be required to submit to the agency and the Union periodic
`progress reports on the status of bargaining. These reports should be sworn reports at least every
`30 days over the course of bargaining until a bona fide impasse or an agreement was reached.
`///
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`Reports shall attach all written communications between the parties with respect to bargaining.
`Charging party reserves the right to supplement or amend this list.
`(60) The Administrative Law Judge should recommend that this matter be referred to
`the International Labor Organization for such appropriate action as it may take against the United
`States and the National Labor Relations Board for its inadequate remedies to protect the rights
`guaranteed under the International Law. E.g. ILO Declaration on Fundamental Principles and
`Rights at Work; ILO Conventions Nos. 29, 87, 98, and 105; United Nations Declaration of
`Human Rights, International Covenant on Civil and Political Rights and all other applicable
`laws, treaties, principles, instruments, codes which are applicable. .
`(61) An Order of contumacy should issue against the Respondents and their attorneys.
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`Dated: October 13, 2021
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`
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`By:
`
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`Organize!
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`WEINBERG, ROGER & ROSENFELD
`A Professional Corporation
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`
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`DAVID A. ROSENFELD
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`INTERNATIONAL UNION OF OPERATING
`ENGINEERS, LOCAL 501, AFL-CIO
`
`
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`151777\1212540
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`PROOF OF SERVICE
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`On October 13, 2021, I served the following documents in the manner described below:
`
`FUIRTHER AMENDED NOTICE OF INTENTION TO SEEK NECESSARY
`REMEDIES
`BY ELECTRONIC SERVICE: By electronically mailing a true and correct copy
`through Weinberg, Roger & Rosenfeld’s electronic mail system from
`dtaylor@unioncounsel.net to the email addresses set forth below.
`
`
`
`On the following part(ies) in this action:
`
`Sara Demirok
`Sara.demirok@nlrb.gov
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`Eric B. Myers
`Ebm@msh.law
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`Oscar Diaz
`odiaz@culinaryunion226.org
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`Maria Sanjuana Ortiz
`Juanyzz70@yahoo.es
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`Douglas R. Sullenberger
`sullenberger@fisherphillips.com
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`Joshua H. Viau
`jviau@fisherphillips.com
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`
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`Kyler A. Scheid
`Kyler.scheid@nlrb.gov
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`Richard Treadwell
`rtreadwell@msh.law
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`Jose Soto
`jsoto@local501.org
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`Blake Saari
`Readi702@gmail.com
`Timothy Scott
`tscott@fisherphillips.com
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`Nicole Reeb
`nreeb@fisherphillips.com
`
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`I declare under penalty of perjury under the laws of the United States of America that the
`foregoing is true and correct. Executed on October 13, 2021, at Emeryville, California.
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`Denise Taylor
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`13
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