International Union of Gaming Employees

P.O. Box 71961

Las Vegas, Nevada 89170

(702) 474-9766 · Fax: (702) 386-4821

January 27, 2007

To:     Wynn-Las Vegas Casino Dealers

          This letter is addressed to the Wynn dealers. But make no mistake about it; the message is to Mr. Wynn.

          Since August 2006 everything that has happened to you at work, the policy changes, the confiscation of your income, the threats and screaming, the humiliation of termination or the threats of it, has come from the mind and mouth of Mr. Steve Wynn. Of course, he has had plenty of corporate “yes men” encouraging his bad behavior and a few opportunistic outsiders, like Garrity and his crew, to add their “expertise” to the equation, but in the end it was all Steve Wynn.

          And what has Wynn accomplished with his new policy of confiscation of dealer’s tips?  Has he enriched himself or his corporation? It is doubtful. Has he motivated a skillful and hardworking group of casino dealers to seek the help and safety of a union to enable them to survive in this battlefield of a workplace he has created?  The answer is yes, emphatically yes.

          Now we would like to rebut, point by point, Mr. Wynn’s latest four page message entitled, “Getting All the Facts: Union Authorization Cards.”  Please note that his message talks of “the vast majority of union authorization cards,” and was not specifically directed at the IUGE representation cards distributed to Wynn dealers starting Friday.

Point 1. “What is a union authorization card?”

          The card establishes “the IUGE, including its affiliates,” as the dealers sole representative in bargaining with their employer. When we are certified by the NLRB, you the union members will be asked to participate in democratic elections and have an input in the rules-making process to insure fairness and justice for all members. And yes, there will be dues, and there will be an automatic paycheck deduction to support your union. Typically, union dues are equivalent to two hours of average income per month, or less.

Point 2.  “What can a union do with authorization cards?”

          The statement in #2 is accurate and we take no issue with it.

Point 3.  “Authorization cards are only used to get a secret ballot election, right?”

          Number 3 says that 50% +1 can obviate the need for an election. What they conveniently leave out was that certification        of a union without an election occurs when the employer (Mr. Wynn) commits Unfair Labor Practices (ULP)’s which so poisons the workplace environment that a fair election cannot be held. This ruling was made by the U.S. Supreme Court in NLRB v. Gissel. The question in that case was whether a bargaining order can be issued to the employer without an NLRB supervised election. The Supreme Court ruled that if the employer engages in ULP’s which makes a fair election an unlikely possibility; a bargaining order can be issued to the employer which certifies the union and requires the employer to negotiate a contract. Wynn quotes an unnamed federal circuit court judge: “this representation card business is an abomination.”  Yet, in the NLRB v. Gissel decision, U. S. Supreme Court Chief Justice Warren said about the cards, “union authorization cards …are reliable …to provide a valid alternate route to majority status.”

Point 4.  “What if I was tricked into signing a union authorization card?”

          We do not question that some other union organizers may have misrepresented the intended purpose of their cards, but we have not! Our position is, and has always been, we ask that you to sign the cards so we may participate in an election and win it. We will then become your union at the Wynn-Las Vegas. End of story!

Point 5.  “If I sign a union authorization card, does that mean I have to vote for a union?”

          Statement # 5 is accurate. We take no issue with it.

Point 6.  “Can I revoke/withdrawal my union authorization card?”

          We state on our card it is binding “until such time as I submit a written revocation.”  You only need to give us a written statement to revoke your card. If you feel more comfortable sending it by certified mail, you certainly may do so.

Point 7.  “What is the effect of a revoked/withdrawn authorization card?”

          No argument with this statement. The IUGE is also in favor of majority rule.

Point 8.  “Is the union legally obligated to give me back my original union authorization card?”

          While federal law does not require the IUGE to return your original card, when the NLRB returns the cards to the union, we will return it to you.

Point 9.  “Is the union legally obligated to keep my union authorization card confidential?”

          Federal law requires the union to maintain confidentiality and the IUGE policy is absolute and unquestionable confidentiality for your card. The policy is stated clearly in the IUGE letter to dealers dated January 26, 2007: “…by federal law the signed cards are absolutely confidential and are kept in safekeeping by the NLRB. Neither the employer nor any of his subordinates or agents will ever be allowed to see or know the contents of the cards. That information is between the signer, the union and the NLRB.”  In cases where the NLRB finds employer misconduct (ULP’s) has poisoned the workplace and renders a fair election impossible they will ask for a card check so the employer may ascertain that a majority of signed cards exist. At that time the union will be certified to represent the dealers without an election. To accomplish this a third party trusted by both sides is allowed to review the cards and provides the employer with the assurance that a majority of cards were in fact signed by the dealers. Wynn never gets to see the cards.

Point 10.  “Do union authorization cards ever expire?”

          The IUGE card states that it is “non-expiring.” However, it may be revoked at any time with written notice.

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