In New York, New York, LLC, 356 NLRB No. 119 (2011), the NLRB held that employees of a restaurant subcontractor have the right under the NLRA to handbill on the property of the Las Vegas casino New York, New York, although they are employees of the restaurant subcontractor and not of the casino, which owns the property where they work. The NLRB used the case as a vehicle to announce a new test for determining whether employees of someone other than the owner of the property where they work have a right to communicate with each other and customers on the property.
DCB represented the Culinary Workers Union Local 226 and Bartenders Union Local 165 before the Board and in earlier phases of this litigation—New York, New York Hotel & Casino, 334 NLRB 762 & 334 NLRB 772 (2001) and New York, New York, LLC, 313 F.3d 585 (D.C. Cir. 2002).
