New York New York Hotel (I)

334 N.L.R.B. 762 (2001)

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New York New York Hotel (I)

National Labor Relations Board
334 N.L.R.B. 762 (2001)

  • Written by Tammy Boggs, JD

Facts

New York New York Hotel (the hotel) (defendant) operated a hotel and casino facility in Las Vegas. A labor union (the union) (plaintiff) represented some of the hotel’s employees and was attempting to organize employees of Ark Las Vegas Restaurant Corporation (Ark), which operated several restaurants within the hotel. One day, three of Ark’s employees, who were off duty at the time, stood outside the front entrance of the hotel and attempted to distribute handbills to customers as they entered the hotel. The handbills bore a union-related message, urging customers to support unionization efforts. The hotel’s managers informed the hand-billers that they were trespassing on hotel property. When the hand-billers would not leave, management had them cited and removed by police. In an administrative proceeding, the judge found that the hand-billers were standing in a “nonwork” area despite the fact that other hotel employees worked in that area and the hotel’s prohibition violated the National Labor Relations Act. The National Labor Relations Board reviewed the matter.

Rule of Law

Issue

Holding and Reasoning (No information provided)

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