Red Rock Resorts has lost at the National Labor Relations Board. It’s lost at a federal appeals court. It’s lost a separate lawsuit challenging whether the NLRB can even hear cases against it at all. The company just asked the Supreme Court to let it keep fighting anyway.
The National Labor Relations Board found that Red Rock Resorts, the parent company of Station Casinos, violated federal labor law during a hospitality workers’ union organizing campaign, ordering the company to bargain with the union. The U.S. Court of Appeals for the District of Columbia Circuit upheld that bargaining order in June.
Red Rock Resorts asked the Supreme Court in September for an emergency stay to delay compliance with the D.C. Circuit’s mandate, after the appeals court declined to pause the order itself while the company pursued further appeal.
The underlying labor dispute traces back to an NLRB complaint filed in April 2021 involving Red Rock-owned properties including Durango Casino & Resort, Green Valley Ranch Resort, Casino & Spa, and Santa Fe Station, among others, in an ongoing organizing fight with the Culinary Workers Union, Local 226.
Red Rock separately filed its own federal lawsuit against the NLRB in June, arguing the agency’s structure is unconstitutional because board members and administrative law judges can only be removed from their positions for cause rather than at the president’s discretion. A federal judge dismissed that lawsuit in September, ruling the company’s constitutional arguments failed to clear legal hurdles set by existing Supreme Court and circuit court precedent.
The pattern of casino companies challenging the NLRB’s constitutional structure, rather than contesting the specific labor law violations alleged against them, has become more common nationally in recent years, though courts outside one specific federal appeals circuit have consistently rejected those challenges.
Red Rock Resorts’ properties remain some of the most prominent locally owned casino brands in the Las Vegas Valley, generating substantial local advertising revenue across television, print and digital media in the region.
Red Rock Resorts has now lost this fight in front of the NLRB, lost it at a federal appeals court, and lost a separate constitutional challenge to the agency itself. The company is still fighting — all the way to the Supreme Court if it has to — rather than sitting down at a bargaining table its own workers organized to get.
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