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GAMING CULINARY SIDES WITH STEVE WYNN, NOT DEALERS, IN TIP DISPUTE By Steve Green senior staff writer F orget about the concept of "worker solidarity" when it comes to the battle under way over tip pooling at Wynn Las Vegas. A group of Wynn casino dealers try- ing to block the company from sharing their tips with supervisors faces opposi- tion in their lawsuit from, of all places, the powerful Culinary Workers Union. Culinary's decision to side with Wynn in the legal fight has an attorney for the dealers complaining it's incredu- lous that the Culinary is maneuvering against workers it doesn't represent. The dealers are represented by the Trans- port Workers Union. Culinary's action could deprive the dealers of "a vital legal protection" they won when a state judge found that the tip-pooling policy violates state law, the dealers' attorney, Leon Greenberg, told the Nevada Supreme Court in June. An attorney for the Culinary Union, the Bartenders union to participate in the case because the dealers' lawsuit threatens to upset scores of arrange- ments statewide in which workers have agreed to share tips with supervisors. At issue is some $5 million a year in tips that are being diverted from the dealers to management, Greenberg said. Wynn Las Vegas argues that casino supervisors help ensure customer satis- faction, so it's only right that they share tips. Clark County District Court Judge REAL ESTATE ALMOST HALF OF NEVADANS SAY IT'S OK TO DEFAULT ON A MORTGAGE 10 percent of all Nevadans surveyed — By Eli Segall staff writer I Association of Realtors found. n foreclosure-wracked Nevada, resi- dents are divided on whether it's OK to willingly default on a mortgage loan. And many people who lost their homes during the recession say they still might buy another house. Nevadans are "frustrated but oddly optimistic" about home ownership, a new report out July 26 by the Nevada 6 Almost half — 45 percent — said there is nothing wrong with "strategic de- fault," in which homeowners who are fi- The report shows "how polarizing this issue has become," Association Presi- dent Blane Johnson said. He also said it shows that strategic default has become nancially capable of paying a mortgage more socially acceptable. choose not to make payments instead. But an equal number disagreed, saying homeowners have a legal and ethical obligation to pay their mortgage if they can. The report also found that 55 percent of Nevadans believe government should play a role in addressing the foreclosure problem. However, only 9 percent of those experiencing foreclosure — and said foreclosure-prevention programs have actually helped. Meanwhile, the association said Neva- dans remain relatively optimistic about home ownership. According to the re- port, 26 percent of people who have faced foreclosure said they are at least somewhat likely to buy another home within two years. | 6 AUGUST 2012 | Since Cory's ruling was appealed to ment satisfaction or employment com- pensation." the state Supreme Court on March 2, members of the casino and restaurant industries have asked to file briefs back- ing Wynn. They have a vested interest in the outcome of the case. If upheld, Cory's ruling "could pre- clude employers from requiring servers to share tips with bartenders, bus per- sons or dishwashers," a proposed brief from the Nevada Resort Association and Greenberg suggested that the Culi- nary and Bartenders unions are siding with Wynn as payback for Wynn award- ing them a handsome 10-year contract in 2005. "In contrast to the rewards it has show- ered upon" the Culinary and Bartenders unions, Wynn "has vigorously fought with the (dealers) and their designated SAM MORRIS Kenneth Cory ruled the tip-pooling policy conflicts with a state law that prevents employers from benefiting by requiring tips to be shared. In this case, however, said it's appropriate for it and Wynn benefits because the tips partially pay for higher salaries for Wynn super- visors, Cory found. the Nevada Restaurant Association said. The ruling "raises important policy is- sues about whether courts should inter- fere with legitimate business decisions and, in doing so, discourage companies from engaging in creative methods for improving customer service, employ- THE BACK STORY Steve Wynn decided in 2006 to include casino managers in the tip pool at his Wynn resort, and later at Encore when it opened. Wynn has said the policy is aimed at improving customer service by motivating supervisors to better serve gamblers and to make it easier to recruit bosses from the dealer staff. Without sharing tips with managers, dealers in some cases would make more than their supervisors. labor representative, the Transport Workers Union," Greenberg wrote in his filing. "In light of such clear bias, and conflict of interest, the views of the (Cu- linary and Bartenders) are unworthy of consideration by this court. It is farci- cal for (the Culinary and Bartenders) to claim they advocate for the individual interests of tipped workers by support- ing (Wynn)." Richard McCracken, attorney for the Culinary and Bartenders unions, said that under the unions' collective bar- gaining agreement with Wynn, some tip pooling with managers is allowed. That's why a group of Wynn nightclub workers struck out last year in a lawsuit over similar issues. "Our interest in this is advocating for the union," McCracken said. He said the casino dealers' lawsuit threatens to undermine longstanding practices in the hotel industry. The Supreme Court hasn't yet ruled on whether it will allow the unions and the casino and restaurant industries to participate in the case.