Iuoe 501 v. NLRB

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 7, 2020
• Docket: 19-70092
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION FEB 7 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

INTERNATIONAL UNION No. 19-70092 OF OPERATING ENGINEERS LOCAL NO. 501, AFL-CIO, NLRB No. 28-CA-225263

Petitioner, MEMORANDUM* v.

NATIONAL LABOR RELATIONS BOARD,

Respondent, ______________________________

NP SUNSET LLC, DBA Sunset Station Hotel Casino,

Intervenor.

NP SUNSET LLC, No. 19-70244 DBA Sunset Station Hotel Casino, NLRB No. 28-CA-225263 Petitioner,

v.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. NATIONAL LABOR RELATIONS BOARD,

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 501, AFL-CIO,

NATIONAL LABOR RELATIONS No. 19-70279 BOARD, NLRB No. 28-CA-225263 Petitioner,

INTERNATIONAL UNION OF OPERATING ENGINEER LOCAL 501, AFL-CIO,

2 On Petition for Review of an Order of the National Labor Relations Board

Argued and Submitted December 3, 2019 San Francisco, California

Before: SILER,** CLIFTON, and BYBEE, Circuit Judges.

The International Union of Operating Engineers Local 501, AFL- CIO

(“Union”) and NP Sunset LLC, DBA Sunset Station Hotel Casino (“Sunset”) each

petition for review of a January 7, 2019 Order by the National Labor Relations

Board (“Board”). The Board has also filed a cross-application to enforce this

Order against Sunset. We deny both petitions for review and grant the Board’s

cross-application to enforce its Order.

As we have concluded in a case argued together with this one, the Board did

not err in determining that the casino slot technicians are not “guards” under 29

U.S.C. § 159(b)(3). Int’l Union of Operating Eng’rs Local 501 v. NLRB, ___ F.3d

___, No. 18-71124 (9th Cir. ________, 2020).

In addition, the Board did not abuse its discretion in declining to grant the

Union’s request for enhanced remedies. See United Steel Workers of Am. AFL-

CIO-CLC v. NLRB, 482 F.3d 1112, 1116 (9th Cir. 2007). The Board also did not

** The Honorable Eugene E. Siler, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. 3 err in failing to provide an explanation for its decision to issue standard remedies.

See id. at 1118 (9th Cir. 2007) (“[T]he Board’s decision to order an

unextraordinary remedy does not merit an extraordinary explanation.”).

Petitions for Review DENIED; Cross-Application to Enforce GRANTED.