The Great Stick Up

How to play The Great Stick Up

Station’s corporate leadership had approved and announced a new benefits overhaul for all of its 14,000 employees across ten properties on 19 November 2019. Two days later, Culinary, which represents workers at seven other Station properties besides Red Rock, petitioned to represent workers at that casino.

Red Rock employees rejected unionisation the following month by a 627-534 vote, although the NLRB and the DC appeals court have held that the company took steps to prevent a fair and honest election. The timing of the benefits rollout and unionisation petition have been a central issue in the matter in the years since.

“Despite the enhanced benefits implementation starting before the union sought recognition of any Red Rock employees, the District Court found that the timing and rollout of the benefits were intended to deter the union’s organising effort and ordered Red Rock to recognise and bargain with the union pending completion of the board’s administrative proceedings,” Station’s SCOTUS petition reads in part.

How to play The Great Stick Up

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How to play The Great Stick Up

“A proceeding aimed at impairing a single creditor is not the collective administration Chapter 15 contemplates, and the mismatch is not a technicality. It is part of the Debtors’ bad faith effort to forum shop for the most advantageous tool to use against their litigation adversary,” Skillz attorneys alleged.

The Debtors here deployed an insolvency statute against the one creditor whose judgment they wished to defer and compromise, left every ordinary-course creditor untouched, preserved their own equity, and sought releases for the insiders who directed the conduct that produced the judgment—then asked this Court to treat that machinery as proof that their affairs are centered in Israel,” the petition continued.

“The Court should refuse the relief requested by … because it is manifestly contrary to the public policy of the United States based on the Debtors’ well-documented and pervasive bad faith conduct,” the petition said. “The Debtors are using the Israeli Action—a limited action which lacks many of the core characteristics of a collective insolvency proceeding—as a strategic tool to evade responsibility for their deceptive conduct.”