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Silver Spur Casino and Hotel-Motel-Restaurant Employees & Bartenders Union, Local 86, Hotel & Restaurant Employees & Bartenders International Union, AFL-CIO. Cases 20-CA-9803-3, 20-CA9853-3, 20-CA-9869-3, 20-CA-9897-3, and 20CA-9905-3
April 4, 1977 DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS
FANNING AND PENELLO
On December 23, 1976, Administrative Law Judge Richard J. Boyce issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel and the Charging Party filed briefs in answer to Respondent's exceptions.
Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.
The Board has considered the record and the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings,' findings,2 and conclusions3 of the Administrative Law Judge and to adopt his recommended Order.
ORDER
Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that the Respondent, Silver Spur Casino, Reno, Nevada, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.
Produce Co., Inc. v. N.LRB., 515 F.2d 1373, 1376 (CA. 8, 1975), and that Respondent has shown no substantial reason to disregard it. Indeed, union business records are wholly irrelevant to the issue raised by Respondent's defense, Retired Persons, supra and any information the Regional Office may have given to Respondent concerning an anticipated dismissal of the instant unfair labor practice charge is irrelevant to any issue in this proceeding because the General Counsel did, in fact , issue a complaint.
Accordingly, we conclude that the Administrative Law Judge properly revoked the subpena of Field Examiner Sargent.
2 The Respondent has excepted to certain credibility findings made by the Administrative Law Judge. It is the Board's established policy not to overrule an Administrative Law Judge's resolutions with respect to credibility unless the clear preponderance of all of the relevant evidence convinces us that the resolutions are incorrect . Standard Dry Wall Products,
Inc., 91 NLRB 544 (1950), enfd. 188 F.2d (C.A. 3, 1951). We have carefully examined the record and find no basis for reversing his findings.
3 Respondent's request for oral argument is hereby denied as the record, the exceptions, and the briefs adequately present the issues and the positions of the parties.
DECISION
STATEMENT OF THE CASE
RICHARD J. BoYcE, Administrative Law Judge: This matter was heard before me in Reno, Nevada , on June 8 and 9, 1976.
The five charges herein, filed and amended on various dates 1 by Hotel-Motel-Restaurant Employees & Bartenders' Union, Local 86, Hotel & Restaurant Employees & Bartenders International Union, AFL-CIO (herein called the Union), allege violations of the National Labor Relations Act by Silver Spur Casino (herein called Respondent), and other employers not involved in this hearing. To distinguish this hearing from those under the same docket numbers involving other employers , a suff'ix' (-3), has been i ;added to the case numbers as reflected above in the caption.
The complaint on which this matter was heard issued on October 3, 1975, was amended during the hearing, and alleges that Respondent violated Section 8(a)(5) and (1) of the Act.
The parties were permitted at the hearing to introduce relevant evidence, examine and cross-examine witnesses, and argue orally. Briefs were filed for the General Counsel, for Respondent, and for the Charging Party.
I In support of its alternative defense that the Union did not, in fact, enjoy majority status on December 20, 1974, when recognition was withdrawn, Respondent asserts in its brief that it should have been permitted to adduce testimony from Business Representative Howard Lawrence regarding the existence of union business records demonstrating (if such could) that as of that date the Union represented a majority of the employees employed by Respondent. We find no merit in this contention, as it is well established that particularly where, as here, union membership was voluntary, such records are irrelevant to a determination of whether a majority of employees desired union representation. Retired Persons Pharmacy v. N.LR.B, 519 F.2d 486,491 (CA. 2, 1975).
In further support of its alternative defense, Respondent asserts in its brief that it should have been permitted to adduce testimony from Field Examiner David Sargent of Region 20 of the National Labor Relations Board concerning his alleged review of the Union's business records.
Respondent contended at the hearing that it also sought to question Field Examiner Sargent with respect to an alleged preliminary determination by the Regional Office that Respondent was considered not to have violated the National Labor Relations Act. At the hearing, the Administrative Law Judge revoked the subpena directed to Field Examiner Sargent. We are satisfied that the testimony sought by Respondent fell within the 'limited evidentiary privilege which protects the informal investigatonal and tnalpreparatory processes of regulatory agencies such as the NLRB,' Stephens 228 NLRB No. 149
I. ISSUE The issue is whether Respondent violated Section 8(a)(5) and (1) by refusing to recognize and bargain with the Union on and after December 15, 1974.
It. JURISDICTION Respondent operates a restaurant, bar, and casino in...
The Silver Slipper | |
---|---|
Location | Paradise, Nevada |
Address | Las Vegas Boulevard |
Opening date | September 1950 |
Closing date | November 28, 1988; 32 years ago |
Total gaming space | 35,000 sq ft (3,300 m2) |
Casino type | Land |
Owner | Howard Hughes |
Architect | Martin Stern, Jr. |
Previous names | Golden Slipper[1] |
Coordinates | 36°7′46″N115°10′6″W / 36.12944°N 115.16833°WCoordinates: 36°7′46″N115°10′6″W / 36.12944°N 115.16833°W |
The Silver Slipper was a casino in Paradise, Nevada that operated from September 1950 to November 29, 1988. The building was designed by architect Martin Stern, Jr.
Opened in 1950, the casino was built on the grounds of the Last Frontier Village[1] of the Hotel Last Frontier, and was originally named the Golden Slipper Saloon and Gambling Hall. The owner originally wanted to call it the Silver Slipper, but there already was an existing establishment with that name. The problem was solved when that small operation was purchased and closed, and the Golden Slipper became the Silver Slipper. The casino was known for its rotating slipper that sat atop the casino.
In April 1964, the casino became the first in Nevada to be shut down on cheating charges. Agents raided the Silver Slipper for using 'flat' dice and for having other rigged games.[2]
On April 30, 1968, the Silver Slipper was purchased by businessman Howard Hughes for $5.4 million in his famous spending spree of buying Vegas properties, which included the Frontier next door.[1] He purchased the casino because he was afraid that the toe of the slipper, that faced the window of his Desert Inn penthouse, could contain a photographer taking pictures of him.[3] After several attempts at requesting that the slipper be turned off, Hughes purchased the casino, turned off the lights and had the rotating mechanism dismantled. The Silver Slipper was sealed, so no one could enter.[3]
The casino was purchased for $70 million on June 23, 1988 by Margaret Elardi, who by this time owned the Frontier. It was demolished several months later and turned into a parking lot for the Frontier until its closing and demolition in 2007. There were plans to build an addition to the Frontier on its former grounds; however, they had to eventually be scrapped due to a costly union strike taking place, which put a severe financial strain on the resort.
In 2009, the Silver Slipper sign was restored and is now part of a display of vintage signs in the median along Las Vegas Boulevard North.[4][5]