Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Thursday, May 27, 2010

NLRB Issues Advisory Opinion Asserting Jurisdiction Over a Combined Race Track Casino


Yonkers Raceway, 355 NLRB No. 35 (May 24, 2010), is a rare advisory opinion issued by the NLRB. It is also one of the first cases that Craig Becker was on. In a nutshell because Yonkers Raceway is not just a raceway, but also a casino, the advisory states that the Board would assert jurisdiction. As the Advisory states:

We agree with the Employer that, as a result of the
changes resulting from the addition of its casino gambling
operations, the enterprise is no longer primarily a
racetrack, and that the Board’s policy of declining jurisdiction
over racetracks no longer applies to it.7 In two
recent published cases, the Board considered combined
casino and racetrack operations with histories similar to
that of the Employer’s enterprise. In each case, the
Board found that although the enterprise began life as a
racetrack and added casino operations later, the revenue
and employment generated by the casino so overshadowed
those generated by the horseracing operations the
enterprise was no longer “essentially a racetrack,” Prairie
Meadows Racetrack & Casino, 324 NLRB 550, 551
(1997), and “the racetrack was dependent on the casino,
not the other way around.” Delaware Park, 325 NLRB
156, 156 (1997).

Mitchell H. Rubinstein

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