Station request for sanctions against Culinary backed

An administrative law judge has ruled in favor of Station Casinos LLC's request for sanctions against Culinary Local 226, but the union's unfair labor practice case against the locals gaming company will continue.

Judge Geoffrey Carter imposed sanctions on the Culinary union for its late disclosure of documents and video statements related to subpoenas issued during the nearly seven-month trial.

Carter, who issued his 17-page ruling late Thursday in Washington, D.C., struck the testimony of four witnesses -- Wayne Brasher, Maria Jessica Corona, Maria Olivas and Dawn Vaseur -- "and only those witnesses."

He wrote Station Casinos' "case was prejudiced by the (Culinary union's) late disclosure of video statements" between October and February. However, Carter denied Station Casinos' request that the entire case be dismissed, and denied its request it be awarded attorney's fees.

Valerie Murzl, vice president of human resources for Station Casinos, said she was pleased with the judge's decision to grant sanctions.

"The judge's decision makes it clear that the union had no interest in a fair proceeding, where all the facts were brought to bear, but rather, attempted through fraud and deception, to sabotage Station's case by failing to comply with a subpoena, and in that process, perpetrate a fraud on the Judge and the National Labor Relations Board," Murzl said.

Murzl said the Culinary union's deception was another chapter in "the union's campaign of lies."

"The union lied to the judge, the NLRB and the public," she said.

But an attorney for UNITE HERE saw it differently.

"The administrative law judge's decision is another loss for Station Casinos, not a win," said Richard McCracken, an attorney with Davis, Cowell & Bowe LLP and general counsel to UNITE HERE. "Station Casinos asked that the whole complaint be dismissed and that it be awarded attorneys' fees. The judge denied these requests completely. He didn't give Station Casinos a bone."

McCracken said the judge striking the testimony of only four out of the more than 50 witnesses who testified didn't hurt the case.

"This will have no effect on the remedy in the case," he said. "We expect that the judge will recommend a broad cease-and-desist order covering a wide variety of unfair labor practices, including ones of the same types testified to by these witnesses."

After conducting an investigation of the 199 charges filed by the union, the NLRB took 166 charges to trial.

The trial came to an abrupt end on May 3, after Station Casinos declined to present a defense.

A decision in the case is expected later this year.

Contact reporter Chris Sieroty at csieroty@reviewjournal.com or 702-477-3893.