Daily Labor Report® is the objective resource the nation’s foremost labor and employment professionals read and rely on, providing reliable, analytical coverage of top labor and employment...
Aug. 9 — A federal judge dismissed Trump Hotel Las Vegas's claim that union-represented workers attempted to damage the reputation of the hotel when they distributed a flier the day of a speech by Donald Trump ( Trump Ruffin Commercial LLC v. Local Joint Exec. Bd. Las Vegas , D. Nev., No. 2:15-cv-01984-GMN-GWF, 8/8/16 ).
Trump spoke Oct. 8 at the Treasure Island Hotel, where the workers are represented by a union, instead of at the Trump Hotel Las Vegas because it “does not have a large enough space to host the event,” the Trump hotel owners said.
The speech came as the UNITE HERE affiliates were trying to organize workers at the hotel, which the Republican presidential candidate owns with businessman Phillip Ruffin.
The Trump Hotel owners alleged that members of the UNITE HERE affiliates Culinary Workers Union Local 226 and Bartenders Union Local 165 distributed leaflets that falsely stated, “Mr. Trump stayed at the Treasure Island Hotel on October 8, 2015 and not the Trump Hotel Las Vegas.”
The owners alleged that the fliers were false advertising in violation of Section 43(a)(1)(B) of the Lanham Act and a deceptive trade practice in violation of the Nevada Deceptive Trade Practices Act.
Judge Gloria Navarro of the U.S. District Court for the District of Nevada Aug. 8 ruled that the owners failed to state a claim under the Lanham Act “because the alleged statements do not constitute commercial speech.”
“The complaint merely alleges that Defendants’ statements were ‘designed to call attention to the [labor] dispute' and ‘intended to, and would have the tendency to cause, harm to the reputation of Trump Hotel Las Vegas,' ” Navarro said. “These allegations do not suggest that Defendants’ statements were advertisements for a product or service, nor that they proposed commercial transactions or were motivated by Defendants’ commercial interests.”
Navarro also declined to rule on the claim that the union violated the state's deceptive trade practices law.
A spokeswoman for Trump's property did not respond to Bloomberg BNA's e-mail seeking comment Aug. 9.
Culinary union spokeswoman Bethany Khan said the fliers were intended to show how Trump treats workers.
“The leaflet’s core message was that Trump is hypocritical with respect to how he treats his workers: He used the unionized Treasure Island for his speech, but does not pay his workers as well as the Treasure Island workers,” Khan said in an e-mail to Bloomberg BNA. “Presidential candidates should be able to handle a little criticism, and should not use their business enterprises to attack critical speech.”
As for the UNITE HERE organizing drive, a National Labor Relations Board three-member panel July 28 concluded there was no need to review a regional director's March 21 decision certifying that eligible hotel workers voted 238-209 for representation by Culinary Workers Union Local 226 and Bartenders Union Local 165. Hotel owners initially challenged the validity of the election, alleging that the unions used coercion.
To contact the reporter on this story: Tyrone Richardson in Washington at email@example.com
To contact the editor responsible for this story: Susan J. McGolrick at firstname.lastname@example.org
Text of the ruling is available at http://www.bloomberglaw.com/public/document/Trump_Ruffin_Commercial_LLC_v_Local_Joint_Exec_Bd_of_Las_Vegas_No.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)