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NEW YORK-NEW YORK, LLC v. N.L.R.B.

Nos. 11-1098, 11-1138.

676 F.3d 193 (2012)

NEW YORK-NEW YORK, LLC, doing business as New York-New York Hotel and Casino, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Local Joint Executive Board of Las Vegas, Culinary Workers Union, Local 226, and Bartenders Union, Local 165, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 2012.

Attorney(s) appearing for the Case

Gary C. Moss argued the cause for petitioner. With him on the briefs were Paul T. Trimmer and Joel J. Borovsky .

Robin S. Conrad , Harold P. Coxson, Jr. , and Christopher C. Murray were on the brief for amicus curiae Chamber of Commerce of the United States of America in support of petitioner. Bernard P. Jeweler entered an appearance.

Amy H. Ginn , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Ruth E. Burdick , Supervisory Attorney. Heather S. Beard , Attorney, entered an appearance.

Richard G. McCracken argued the cause for intervenor Local Joint Executive Board of Las Vegas, Culinary Workers Union, Local 226, and Bartenders Union, Local 165, in support of respondent. With him on the brief was Kristin L. Martin.   Eric B. Myers entered an appearance.

Concurring opinion filed by Circuit Judge HENDERSON.

KAVANAUGH, Circuit Judge:

Under precedents of the Supreme Court and the National Labor Relations Board, a property owner generally may not bar its employees from distributing union-related handbills on the property. But a property owner generally may bar non-employees from doing so. In this case, the primary question raised by New York-New York Hotel and Casino in Las Vegas is whether a property owner may bar employees of an onsite contractor...

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