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Trump Plaza Hotel and Casino has lost its National Labor Relations Board (NLRB) hearing with the United Auto Workers (UAW) after contesting the results of a certification election held on behalf of the casino dealers. The Union won the March 31, 2007 election 324-149 not including a challenged ballot. The bargaining unit would be the Trump full- and part-time dealers at the Mississippi and the Atlantic City, New Jersey facilities.

The union lost another election at Trump Marina Hotel, which was separate from this election. After the election, the casino filed five objections to the election process. The casino alleged that the NLRB endorsed and supported the union in the election, that the union in concert with elected officials and the NLRB had run a "sham card check", road trip slots the union presented itself as already having been the certified bargaining agent of the unit, the "laboratory conditions" of the election were destroyed creating the impression the government viewed the unionization favorably, and otherwise destroyed the laboratory conditions.

The casino asked the NLRB to set aside the results of the election in the hearing last May. The objections were the result of a press conference held on March 25 - the Sunday before the election - in which several elected officials counted union pledge cards and announced the union had an "overwhelming majority." At least one news report on a local station stated there was a bipartisan card check authorization, which showed "certification of majority status" for forming a union.

The casino dealers at Caesar's Casino had voted in an election the previous week, which was also noted. The elected officials were shown singing the card count to confirm their verification. On March 22, the union sent a letter which contained attachments of letters of supposed written by elected officials to the proposed bargaining unit members and posted those letters to their website. The board, using the standard of "whether the conduct alleged reasonably tends to interfere with the employees' free and uncoerced choice in the election" found that Trump had not met the high burden of proof of that test.

While no participant is allowed to suggest the NLRB has a preference for their of the choices, the administrative law judge (ALJ) Robert Giannasi, further notes that the NLRB does believe employees can discern between propaganda and board bias. The ALJ found that there was no implication of board certification at the rally and that the casino failed to show that it's employees did not understand the NLRB process. The casino now has 14 days to file an appeal through the Washington DC office.

SOURCES: ALJ Decisions "Trump Plaza Hotel and Casino" URL: http://www.nlrb.gov/shared_files/ALJ%20Decisions/2007/JD-40-07.pdf UAW, "Casino dealers at Bally's win UAW representation." URL: http://www.uaw.com/news/newsarticle.cfm?ArtId=476 "Trump Plaza loses bid to overturn union vote" URL: http://www.thestar.com/Business/article/232579 Maya Rao, "Trump Plaza loses appeal on dealers' union election" URL: http://www.pressofatlanticcity.com/top_three/story/7489205p-7384613c.html "Trump Plaza loses appeal to stop dealers union" URL: http://www.newsday.com/news/local/wire/newjersey/ny-bc-nj--casinos-unionizat0704jul04,0,3632241.story?coll=ny-region-apnewjersey
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