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The NLRB ruled after the election that Red Rock took steps to prevent a fair union vote, and Red Rock sued in response, although the ruling was upheld by the US Court of Appeals for the District of Columbia last month. After the court denied a rehearing request on 6 August, it also subsequently denied Station’s request for a stay pending SCOTUS relief on 24 August.

Red Rock may still petition SCOTUS to hear the case, and the court could still choose to do so, but in the meantime the casino must comply with the NLRB ruling. The ruling requires the casino to recognise and bargain with the union upon request, post employee rights notices and other measures.

“The NLRB decision overturned the clear vote of Red Rock team members rejecting the Culinary Union,” Station said in a statement. “The decision prevents any company from granting benefits to its employees if it is aware of union interest in unionising the company’s employees and nullifies the Red Rock team members’ vote to be union-free, all because Station Casinos treated its team members too well.”

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Voters in DeKalb and Steuben will also weigh in on casino authorization. House Bill 1038, signed by Indiana Gov. Mike Braun (R) in March, authorizes a single casino in one of the three counties.

The law came at the request of Full House Resorts, the Las Vegas-based regional gaming operator that expressed interest in relocating its Rising Star Casino in Rising Sun to a more attractive market, specifically in the northeastern part of the state.

During the lawmaking process, Full House’s exclusivity was stripped in favor of welcoming any company currently licensed as a commercial casino in the US to bid on the possible license. Lawmakers also threw in a one-time $150 million fee for the concession and a mandatory investment minimum of $500 million, all but ending Full House’s interest.