Foxwoods Appeals ALJ'S Decision

[Earth Bound Misfit]

Source: The Day.com

As promised, attorneys representing Foxwoods Resort Casino have appealed a judge's decision issued earlier this month recommending certification of a vote by dealers in favor of union representation.
The appeal, in the form of a 33-page document, was filed with the National Labor Relations Board in Washington Tuesday afternoon.

Table-game and poker dealers voted 1,289 to 852 in favor of union representation by the United Autoworkers on Nov. 24, 2007.

The Mashantucket Pequot Tribal Nation, which owns and operates Foxwoods, had filed several objections relating to the election...Administrative Law Judge Raymond Green discounted each of the objections filed by the tribe in his decision, which was issued on March 14.

While those objections are still prominent in this appeal, the tribe is again raising the issue of jurisdiction and whether the NLRB has jurisdiction over a sovereign nation. The tribe also disputes the applicability of the National Labor Relations Act.

In a footnote on the first page of the appeal, attorneys for the Mashantuckets state that the tribe “has participated in these proceedings only to challenge the jurisdiction of the National Labor Relations Board over the (Mashantucket Pequot) Gaming Enterprise.”

SNIP

The attorneys argue in the brief that according to case law “keeping a list of employees who have voted ... has been found to interfere with an election and is grounds for setting aside the election when it can be shown or inferred from the circumstances that the employees knew that their names were being recorded.”

The attorneys argued that because the union presented no evidence to dispute the actions, the board “should draw an adverse inference against the union and accept the evidence as true.”

The UAW did not comment on the filing of the appeal.

Full story: http://www.theday.com/re.aspx?re=46ba22cd-d86b-43b2-a40b-be0d5b69265c