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Local Joint Executive Board v. National Labor Relations Board

9th CircuitSeptember 13, 2011No. 10-72981Cited 10 times
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Case Details

Judge(s)
Canby, Graber, Paez
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

Claim Types

Breach of Contract

Outcome

The Ninth Circuit granted the Union's petition for review, finding the NLRB's decision arbitrary and capricious, vacated the Board's ruling dismissing the complaint, and concluded that the Employers violated Section 8(a)(5) of the NLRA by unilaterally ceasing dues-checkoff before bargaining to impasse.

What This Ruling Means

**Union Wins Fight Over Automatic Dues Collection at Las Vegas Casinos** This case involved a dispute between a union representing workers at two Las Vegas casinos—Hacienda Resort Hotel and Casino and Sahara Hotel and Casino—and the casino employers. The issue centered on automatic payroll deduction of union dues, called "dues checkoff." The casinos stopped automatically collecting union dues from workers' paychecks during contract negotiations, before reaching a final deadlock in bargaining talks. The union complained to the National Labor Relations Board (NLRB), but the NLRB initially sided with the casinos. However, the union appealed to the Ninth Circuit Court of Appeals, which overturned the NLRB's decision. The court ruled that the casinos violated federal labor law by unilaterally stopping the automatic dues collection before bargaining reached an impasse (complete deadlock). This ruling matters for workers because it protects established workplace practices during contract negotiations. Employers cannot simply eliminate existing benefits or procedures—like automatic union dues collection—just because they're negotiating a new contract. They must continue these practices until negotiations completely break down, giving workers and unions more security during the often lengthy bargaining process.

This summary was generated to explain the ruling in plain English and is not legal advice.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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