BALLYS PARK PLACE, INC. v. NATIONAL LABOR RELATIONS BOARD

BALLY’S PARK PLACE, INC. v. NATIONAL LABOR RELATIONS BOARD

BALLY’S PARK PLACE, INC., Petitioner,v.NATIONAL LABOR RELATIONS BOARD, Respondent.INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW, Intervenor.

No. 10-1309, Consolidate with 10-1356.

United States Court of Appeals, District of Columbia Circuit.

Argued May 12, 2011.

Decided August 5, 2011.

Ballys Park Place, Inc. petitions for review of a decision and order of the National Labor Relations Board NLRB. The Board found that the company committed unfair labor practices in violation of sections 8a1 and 3 of the National Labor Relations Act NLRA, 29 U.S.C. §§ 158a1, 3, when it discharged employee Jose Justiniano because of his support for the United Auto Workers. For the reasons set forth below, we deny Ballys petition and grant the Boards cross-application for enforcement of its order.

I

Ballys operates a casino in Atlantic City, New Jersey. The company hired Justiniano as a table dealer in 2000, and through 2006 it repeatedly praised him as a good employee. See Dealer Evaluation Forms J.A. 367-69. In November of that year, the United Auto Workers UAW began a campaign to organize casino dealers in the Atlantic City area, including those working at Ballys. Justiniano attended numerous meetings held by the union, became a supporter, and signed an authorization card. He spoke to other Ballys employees on a daily basis about the need for a union — in the employees lounge, in the cafeteria, and as they were coming to and going from work. He also appeared in a promotional video that the union prepared and mailed to casino workers in and around Atlantic City.1

In January 2007, at a time when no customers were present at his table, Justiniano spoke to another employee about the unions organizing efforts. It is undisputed that Ballys allowed dealers to have social conversations in such circumstances. Nonetheless, Justinianos supervisor told the two that they could not talk about the union while on the casino floor.

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