Iuoe 501 v. NLRB

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NOT FOR PUBLICATION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,

Respondent,

______________________________

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

Intervenor.

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

Petitioner,

v.

NP SUNSET LLC, DBA Sunset Station Hotel Casino,

Respondent,

______________________________

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

Intervenor.

3

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.

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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.