Firings, suspensions have riled Ark employees

Almost as quickly as employees of the Ark Las Vegas Restaurant Corp. began formal steps to organize a union, the company began firing activists, according to a Culinary Union spokesman.

But during opening statements at a National Labor Relations Board hearing Monday, an Ark attorney denied any connection between union activities and the termination of at least eight pro-union employees.

"We have fired 300 people since the beginning of the year," said Michael A. Taylor, a Washington attorney.

Ark Las Vegas, which has about 900 employees, runs three restaurants, a fast food court, the employee dining room, banquet facilities and room service at the New York-New York hotel-casino.

In March, hotel management was notified that unionizing activities were getting under way and in a letter listed 50 employees who would be serving on organizing activities.

Eight of those have been fired, seven suspended, and five disciplined, according to Kevin Kline, a representative of the Culinary Workers Union, Local 226.

And according to Kline, most of the disciplinary action took place soon after the unionizing announcement was made.

Ark management refuses to recognize a card check vote by employees in April, which indicated 80 percent of the workers wanted to be represented in negotiations by the Culinary Union.

Taylor said Ark will negotiate when a vote by secret ballot is taken.

The attorney said everyone who has been fired or disciplined in any other way by Ark has received whatever punishment the situation merited.

"We had a valid reason for each and every one of the disciplines," Taylor told Administrative Law Judge James Kennedy.

The hearing on allegations of retaliation for union activity could last two weeks or longer, according to Kline.

At the conclusion of the hearing attorneys for both sides will have 35 days to file briefs and then Kennedy will issue a written decision.

NLRB resident officer Steve Wamser said whatever the decision is, any of the lawyers may appeal -- whether they represent the union, government or Ark.

Before Monday's hearing began almost 100 Culinary Union workers held a prayer vigil outside the NLRB office building at 600 S. Las Vegas Blvd.

"Today Ark will be held accountable for over 50 incidents of illegal activity," Kline said as the rally began.

If found guilty of any violations, Ark could be forced to re-hire the fired employees and give them back pay.

But the real punishment, said Kline, is bad publicity.

A number of hotel and casino operations on the Strip are watching the Ark case with interest.

New York-New York reportedly sublet its eating facilities to the New York City-based restaurant company as a way to circumvent dealing with the union.

Attorneys Scott Feldman and Nathan Albright represented the Culinary Workers Union, Bartenders Union, Hotel Employees and Restaurant Employees International Union in the hearing.

In opening statements, Feldman said Ark took quick action to diffuse unionizing activity once organizing began.

Several workers were fired or sent home early for wearing union buttons, according to Feldman.

Ark Las Vegas senior vice president Paul Gordon was the only witness Monday.

Testimony began after several hours of negotiations behind closed doors at the NLRB office failed to resolve the dispute.

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