Is Matt Goldman attempting to hold his breath until the other guys turn blue?

Absolutely not, he says.

But the founder of the popular Blue Man Group has decided to continue to fight organizing efforts of IATSE Local 720 despite losing a recent National Labor Relations Board-sanctioned election. The legal appeal promises to take several months, which will effectively test not only the legal footing of the vote but also the mettle of the workers who voted to organize the Blue Man unit.

Only a few weeks ago, Goldman said he was "surprised and disappointed" by the stagehands union's rally prior to the election, but added that he fully supported the workers' right to organize.

"In accordance with the great democratic traditions of our country, eligible employees will ultimately make that choice in a fair secret ballot election," he said.

A Founding Father couldn't have said it better. A reader of that paragraph would be convinced Goldman is a man who got an A in government and civics.

Alas, there also is a man who thought his side was going to win. To put it politely, his definition of democracy is evolving.

No one would blame Blue Man for being confident. Bolstered by the high-powered Washington law firm Akin Gump Strauss Hauer & Feld, few bookmakers in town would have taken action on the International Alliance of Theatrical Stage Employees local's odds of prevailing at The Venetian. It's a legal giant the stagehands call the "largest anti-union law firm in the United States." Attorney Lawrence Levien, a former NLRB lawyer, represents Blue Man from a firm with a reputation for its legal and lobbying clout. With an army of legal minds that are well-connected in both major political parties, high-priced Akin Gump is the New York Yankees of its profession.

But even the Yankees whiff on occasion.

NLRB Regional Director Cornele A. Overstreet certified the election June 5, noting that, "No timely objections have been filed."

Timeliness aside, Blue Man's boss and the consummately connected lawyers of Akin Gump aren't giving up. In a June 14 letter to Local 720 President Hal Ritzer, Goldman wrote, "As you know, Blue Man Group has always believed the unit determined by the National Labor Relations Board is not appropriate for bargaining. ... Thus, we plan to exercise all appeal rights provided to us by law and, consequently, respectfully decline to bargain with Local 720 at this time."

Which is an articulate way of telling the union to get stuffed.

At the center of the company's appeal is its attempt to include half a dozen musical instrument technicians in the voting unit. Their expected "no" votes would have tipped the percentage in management's favor, Goldman said Monday, adding that a labor board commissioner endorsed that view.

"We don't want to have third-party representation if that's not what the majority of our crew vote for," he said.

It's a sure sign Blue Man has no intentions of conceding the game.

It's common for business owners who don't like the outcome of an NLRB election to appeal, stall and otherwise sweat the union's rank-and-file workers. Under pressure, wage earners sometimes quit, change their minds and soften their resolve.

Not that Goldman admits that's part of the appeals strategy. He calls such a suggestion "absolutely inaccurate."

If Blue Man bosses were looking for an ally in the new Venetian production of Andrew Lloyd Webber's "Phantom -- The Las Vegas Spectacular," they're sure to be disappointed. "Phantom" has already signed with Local 720.

The challenge for the union, which has existed locally since 1939 and has members in resorts up and down the Strip, is in registering an effective response to Blue Man that doesn't hurt its own image on the Boulevard.

It wouldn't be helpful to either "Phantom" or The Venetian, for example, to assemble a protest in front of the resort.

But Blue Man's success transcends the Strip. With theater troupes in several American cities as well as Berlin and London, and with plans to expand to Japan, there are plenty of places to protest. Some of those places have extremely labor-friendly histories.

Company officials have time and money on their side, but they risk turning the Blue Man battle into an international labor story.

And that would make even the most sophisticated entrepreneurs sing the blues.

John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call 383-0295.