In May 2007, 400 card dealers at the Trump Marina Hotel and Casino in Atlantic City voted on whether to join the UAW and the company won the election. I know, you’re thinking the UAW? Well, this shows just how desperate unions are that they now go outside of their historical membership just to get anyone signed up who will pay them monthly union dues. And the weak United Auto Workers target casino workers. But I digress.
After the company won the election, the NLRB ordered a new election because it determined that threats, intimidation, and other actions by the Trump Marina violated federal labor law. The hotel and casino was also ordered to make up the pay and benefits difference that suspended dealers missed and post the famous notice that the employer violated federal labor law.
Interestingly, Unions have used this victory to advertise the need for EFCA. I, however, see it differently. To me, this is proof that the current National Labor Relations Act, as interpreted by the Board, works. It appears that Trump Marina violated labor laws and was ordered to remedy its wrongdoing. The employees were repaid money that was due to them. The bargaining unit got to vote again for representation.
Employees of a Massachusetts Nursing Home also won the right to an election after the Boston Board determined that the employer violated labor laws. Hearings were held to determine whether certain employees were supervisors and thus unable to be members in the bargaining unit, as well as to determine if the employer threatened layoffs, intimidated employees, and held improper meetings with employees. The Board found that all of those things happened and ordered an election. Again, the Nursing Home was ordered to remedy its wrongdoing.
These cases prove management’s point that the laws work and there is no need for the Employee Free Choice Act.