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Red Rock may still petition SCOTUS to hear the case, and the court could still choose to do so, but in the meantime the casino must comply with the NLRB ruling. The ruling requires the casino to recognise and bargain with the union upon request, post employee rights notices and other measures.
“The NLRB decision overturned the clear vote of Red Rock team members rejecting the Culinary Union,” Station said in a statement. “The decision prevents any company from granting benefits to its employees if it is aware of union interest in unionising the company’s employees and nullifies the Red Rock team members’ vote to be union-free, all because Station Casinos treated its team members too well.”
The culinary union declined to comment to iGB on Wednesday.
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This requirement raised concerns among operators worried that the barriers to entry could have become more restrictive, But at a meeting on the policies last year the regulator assured licensees it was not enforcing a specific strict rule on this.
Speaking to iGB at the time, Bjorn Fuchs, chairman of VNLOK Fuchs noted “there was a sigh of relief going through the room when it was presented”.
Rather than a crackdown across the board, what emerged was a more regulated renewal framework.
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The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.