National Labor Relations Board v. NP Palace LLC, No. 20-1008 (D.C. Cir. 2021)Annotate this Case
Slot-machine technicians at Palace Casino voted to organize. The NLRB certified Local 501 to represent them. The union asked Palace to produce documents. Palace refused, believing that the union should not have been certified. Certification is not a final agency action, so an employer cannot seek judicial review but must first refuse to bargain and suffer an unfair labor practice charge to obtain judicial review, with the claimed invalidity of certification serving as an affirmative defense.
The Board found that Palace violated 29 U.S.C. 158(a)(1) and (5). Palace claimed that an order to furnish all requested information would require disclosure of confidential information, like its plans to combat illegal gaming activity and money laundering. The Board concluded that Palace raised a specific confidentiality interest that was “legitimate on its face,” and ordered Palace to bargain over the union’s request. Separately, the Board ruled that the customer complaints requested by the union were not presumptively relevant to the union’s duty as the employees’ bargaining representative but might be relevant in a particular case, and remanded that issue “for further appropriate action.” The D.C. Circuit affirmed with respect to the confidentiality order but dismissed the “customer complaints” remand and not being a final order subject to review.