Labor panel ends case with Venetian

The National Labor Relations Board ended a 10-year-old case with The Venetian this week, deciding to withdraw an earlier finding that the resort violated federal labor law in 1999 when it asked police to arrest union demonstrators who were conducting a sidewalk rally outside the Strip property.

“Under the unusual circumstances of this case, we do not believe that it would be a good use of the board’s limited resources to determine the lawfulness of The (Venetian’s) call to the police and requests for action,” the board wrote in its decision that was published today.

The case had been sent back to the board by the federal appeals court in 2007, which said the labor panel needed to reconsider The Venetian’s argument that it was within its First Amendment rights to summon the police.

Labor Relations Board Chairman Wilma Liebman, however, said the federal courts have resolved the property rights issue and determined the Strip sidewalk in front of The Venetian was a public forum where individuals could exercise free speech.

The board ordered The Venetian to comply with its 2005 decision which directed property officials from telling sidewalk demonstrators they were subject to arrest for trespassing and were under citizen’s arrest.

A spokesman for The Venetian, which is owned by Las Vegas Sands Corp., declined comment. The Venetian, which opened March 1, 1999, as a nonunion hotel-casino, tried to halt protests on opening night by members of Culinary Local 226 and Bartenders Union Local 165 over the lack of union contracts.

More than 1,000 protesters participated and Venetian official broadcast messages over a public address system that demonstrators were subject to arrest for trespassing on private property.

The Venetian sued the unions, Clark County and the Metropolitan Police Department. A federal judge, however, refused to issue a preliminary injunction. The unions filed unfair labor practice charges against The Venetian for its conduct regarding the rally.

In September 2005, the board said The Venetian violated provisions of the National Labor Relations Act by summoning police.

“It will more fully vindicate the policies of the Act to require the (Venetian) to comply immediately with the enforced provisions,” the board said in its ruling.

Contact reporter Howard Stutz at hstutz@reviewjournal.com or 702-477-3871.