The Venetian is a luxury hotel and casino in Las Vegas. When the Venetian was constructed, Las
Question:
The Venetian is a luxury hotel and casino in Las Vegas. When the Venetian was constructed, Las Vegas Boulevard was expanded by one lane to accommodate the increased traffic. To complete the expansion, it was necessary to remove the existing sidewalk. The Venetian agreed to construct a new sidewalk on its property. When construction began, a temporary sidewalk was constructed where the Venetian would later construct the permanent sidewalk. Although the Venetian had not yet begun hiring staff, it had assembled an employment package for employees that would be superior to the union's. Local 226 of the Culinary Workers Union and Local 165 of the Bartenders Union planned to hold a rally on the temporary walkway protesting the fact, that unlike the casino that had previously stood on the property, the Venetian did not have a union contract. The demonstration took place on March 1, 1999. More than 1,000 demonstrators, many wearing T-shirts, buttons, and pins with union messages, marched on the walkway. The demonstrators repeatedly chanted slogans, including, "Venetian no, Union yes,""Hey, hey, ho, ho, Union busting[']s got to go,"and "Who owns the sidewalk? Union sidewalk." Other protestors carried picket signs analogizing union rights to civil rights. Some even made speeches about the labor dispute between the union and the Venetian. During the protest, the Venetian played a recording indicating that the protestors were allegedly trespassing on private property. The Venetian also asked the police to issue criminal citations to the demonstrators. Security guards for the Venetian also told the demonstration's leader that he was being placed under "citizen's arrest." Did the Venetian's actions constitute an unfair labor practice by interfering with the union's right to picket? Why or why not? Venetian Casino Resort, LLC v. NLRB, 484 F.3d 601 (D.C. Cir. 2007).
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