A federal appeals court indicated that it would uphold the National Labor Relations Board’s order requiring a Las Vegas casino to bargain with a union, though not based on the tandem of precedents that the agency wants.
The US Court of Appeals for the District of Columbia Circuit showed during oral argument Thursday a preference for affirming the NLRB’s bargaining order against Red Rock Casino Resort Spa under NLRB v. Gissel Packing Co. alone. An agency lawyer asked the court to also endorse it under the board’s 2023 decision in Cemex Construction Materials Pacific LLC.
“If the board wants ...