Steve Swirsky Quoted in “Kavanaugh Sided with Trump Casino in 2012 to Thwart Union Drive”

Bloomberg Politics

Steven M. Swirsky, Member of the Firm in the Employment, Labor & Workforce Management and Health Care & Life Sciences practices, in the firm’s New York office, was quoted in Bloomberg Politics, in “Kavanaugh Sided With Trump Casino in 2012 to Thwart Union Drive,” by Josh Eidelson. (Read the full version – subscription required.)

Following is an excerpt:

Six years before President Donald Trump nominated him for the Supreme Court, Judge Brett Kavanaugh sided with Trump Entertainment Resorts’ successful effort to thwart a unionization drive at one of its casinos.

Kavanaugh was one of three Republican-appointed judges who in 2012 voted unanimously to set aside an order by the National Labor Relations Board that would have required the Trump Plaza Hotel and Casino in Atlantic City, New Jersey, to bargain with the United Auto Workers.

The casino has since shut down. But labor advocates point to the case -- as well as ones where he backed management at Sheldon Adelson’s Las Vegas Venetian hotel and at SeaWorld after an orca killed a worker -- as evidence that Kavanaugh may hobble enforcement of workplace laws and the already-embattled union movement. …

Steven Swirsky, a management-side attorney and former NLRB lawyer, said the court’s ruling in the Trump Plaza case was consistent with precedents on the importance of an uncoerced vote. “If your goal is to protect the processes, it’s important to protect them no matter what,” he said.