Iuoe 501 v. NLRB

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NOT FOR PUBLICATION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.
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.
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