THE CASE OF PARDON THE INTERRUPTION

Based on Local Joint Exec. Bd. of Las Vegas v. NLRB (9^th Cir. 2008) 515 F.3d 942.

[It is June 4, 2003 in the employee dining room at the Aladdin Hotel and Casino on the Las Vegas strip.On May 30, 2003, several unions began a campaign to organize the hotel's housekeeping, food and beverage departments.Sheri Lynn, an employee who is also a union organizer, is on her lunch break.Sitting at a nearby table having her lunch is Tracy Sapien, the hotel's vice-president of human resources.Sheri Lynn just approached a table of three buffet server employees who also are having their lunch [and say nothing during this encounter] and has been trying to persuade them to sign a union authorization card.]

Sheri:. . .And those are just some of the benefits of joining a union.Have I persuaded you to sign union authorization cards so we can stand together and get better wages and working conditions?

Tracy:Pardon the interruption.I couldn't help overhearing your conversation about signing union cards.I would like to make sure you have all of the facts before you sign those cards.

Sheri:Just a minute.What are you doing in this area of the cafeteria?You normally sit on that side of the cafeteria, with the other hr employees, not with the uniformed employees. Anyway, Tracy, I can assure you I covered everything with them.

Tracy [ignoring Sheri]:Before signing that card, you need to understand that it is legal and binding.If the union ever becomes your collective bargaining representative, that card authorizes union dues to start coming out of your paycheck.

Sheri [to the workers]:Of course, as I told you, those dues are more than offset by the expanded benefits we expect to get you, such as better insurance.

Tracy:But there's no guarantee that, even if this union organizing campaign is successful, you would get different medical insurance than you have now.And those union dues I just mentioned are $32.50 a month - money you could be spending on other things.

Sheri:Tracy, I already told them about dues.

Tracy:Well then, Sheri, it looks like you had all your bases covered.I'll leave you folks alone and return to my desk.

[They all exit.It is now two days later, June 6, 2003.The scene is again the employee dining room.Azucena Felix, a union committee leader, is speaking to a table of two housekeepers.One of the housekeepers is beginning to sign a union authorization card as Stacey Briand, the hotel's director of human resources, approaches the table.]

Stacey:Wait a minute, Adella.You shouldn't be signing things that you aren't sure about.What you are signing is something like a contract and Azu here is probably promising you something she isn't going to be able to give you.

[Azu translates Stacey's comments into Spanish for the worker signing the card, whose English is limited.]

Stacey [to Azu]:What are you telling her?

Azu:Relax.I merely translated your comments to her.

Stacey:Oh, OK.I'll be leaving now.[To worker] Buenos Diaz.[Stacey exits.Sheri comes over to Azu.]

Sheri:Was that Stacey Briand I just saw leaving?

Azu:Yes, as a matter of fact it was.

Sheri:I thought so.Her boss interrupted a presentation I was making to some workers a couple of days ago in this room as well.

Azu:Well, unfortunately, the law protects their right to express their views about a union.

Sheri:Sure.But it doesn't give hotel officials the right to spy on us or interfere with our protected right to speak to workers about the advantages of a union.Interruption is by definition interference.I think it's worth rolling the dice and going to the National Labor Relations Board to see if we can get a finding that this was illegal surveillance of our organizing activity.

Azu:I think it's worth the gamble.It would make our life easier if we won that round.And even if we crap out, the only thing we're out is some attorney's fees.Let's go for it.

[They exit.]

What's the legal question?

who do you agree with the employer or the employee why, explain. who wins?