BPS client Yonkers Raceway prevailed before Region 2 of the NLRB on the novel issue of whether the Board should apply the doctrine of \u201cequitable tolling\u201d to an otherwise untimely filed representation petition under the Board\u2019s \u201ccontract bar\u201d rule that had previously been timely filed by LEEBA with the N.Y.S. Employment Relations Board (“SERB”) in June 2009. The issue arose after SERB decided to conduct a hearing in August 2009 concerning its continued jurisdiction over Yonkers Raceway\u2019s newly expanded “racino” operations (i.e., combined casino and harness racing operations) based on 1997 NLRB precedent asserting jurisdiction over harness racing tracks that had been expanded to include casinos. After the hearing on the jurisdictional issue, SERB in October 2009 certified the issue for an advisory opinion from the NLRB in Washington, D.C. Yonkers Raceway and the incumbent union finalized a new three-year CBA in December 2009 through “good faith” bargaining after their prior agreement had expired on August 31, 2009.<\/p>\n
After the NLRB rendered a May 2010 advisory opinion, 355 N.L.R.B. No. 35, that it would exercise jurisdiction over Yonkers Raceway’s new “racino” operations (which had been expanded to include a N.Y.S. Lottery “casino” in October 2006), LEEBA filed a representation petition with the NLRB in July 2010. At a jurisdictional hearing held before Region 2 of the NLRB in July 2010, BPS partner Joe DeGiuseppe successfully argued that the NLRB should not apply the doctrine of \u201cequitable tolling\u201d to LEEBA\u2019s newly filed petition in that LEEBA\u2019s \u201cinexcusable ignorance\u201d of the above-stated 1997 Board precedent on exercising jurisdiction over “racinos,” together with its knowledge gained from the August 2009 SERB hearing that Region 2 had previously exercised jurisdiction over Yonkers Raceway based on this 1997 precedent, did not warrant the application of this equitable doctrine. Region 2 therefore dismissed LEEBA\u2019s representation petition under the NLRB’s “contract bar” doctrine based on the CBA finalized in December 2009 between Yonkers Raceway and the incumbent union.<\/p>\n","protected":false},"excerpt":{"rendered":"
BPS client Yonkers Raceway prevailed before Region 2 of the NLRB on the novel issue of whether the Board should apply the doctrine of \u201cequitable tolling\u201d to an otherwise untimely filed representation petition under the Board\u2019s \u201ccontract bar\u201d rule that had previously been timely filed by LEEBA with the N.Y.S. Employment Relations Board (“SERB”) in […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2541","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"yoast_head":"\n