CASINO PAUMA

National Labor Relations Board - Board Decisions

Feb 12, 2019

21-CA-161832 (N.L.R.B. Feb. 12, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CASINO PAUMA
and Case 21-CA-161832
UNITE HERE INTERNATIONAL UNION
ORDER REMANDING1
On October 2, 2018, the National Labor Relations Board issued a Notice to Show Cause
why this case should not be remanded for further consideration under The Boeing Co., 365
NLRB No. 154 (2017). The Respondent filed a response supporting remand. The General
Counsel filed a response supporting a partial remand.2
Having duly considered the matter,
IT IS ORDERED that this proceeding is remanded to Administrative Law Judge Robert
A. Giannasi for the purpose of reopening the record, if necessary, and preparation of a
supplemental decision addressing the complaint allegations affected by Boeing and setting forth
credibility resolutions, findings of fact, conclusions of law, and a recommended Order.3 Copies

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel
2 The General Counsel opposes remand of three allegations simply because he believes
those work rules are unlawful and not affected by Boeing. He has not provided any compelling
reason why remand is unnecessary or inappropriate here. We find that the most prudent course
of action is to remand all of the rules to the judge to decide in the first instance the lawfulness of
the challenged provisions.
3 The Board’s jurisdiction over the Respondent is not at issue in this remand. See Casino
Pauma, 363 NLRB No. 60 (2015), enfd. 888 F.3d 1066 (9th Cir. 2018); Casino Pauma, 362
NLRB No. 52 (2015).
2
of the supplemental decision shall be served on all parties, after which the provisions of Section
102.46 of the Board’s Rules and Regulations shall be applicable.
Dated, Washington, D.C., February 12, 2019.
By direction of the Board:
/s/ Roxanne L. Rothschild
Executive Secretary