Published on: January 6, 2025, 09:51 AM.
Last updated on: January 6, 2025, 10:01 AM.
Workers at the Seneca Niagara Resort & Casino in Niagara Falls, NY, are looking to establish a union and commence collective bargaining discussions with their employer, the Seneca Gaming Corporation.
The initiative to unionize began on December 12, as reported by Vernon Lohan, a former Seneca Niagara employee now involved in the organizing efforts, to the Niagara Gazette.
“You’re not given a fair handshake over there,” Lohan stated.
Lohan, previously employed in food and beverage at the tribal casino, mentioned that employees have been fired for minor issues that should have resulted in a warning or disciplinary action. He also argued that employees deserve better compensation and benefits.
Lohan is collaborating with the Teamsters Local 449 union. This Buffalo-based organization represents workers across various industries.
Past Unionization Attempts
Seneca Niagara workers made unsuccessful unionization attempts in 2004 and 2005. To formalize a union, at least 30% of a company’s workforce must sign petition cards indicating their support for unionization.
If the 30% threshold is met, the Teamsters would then collaborate with the National Labor Relations Board (NLRB), the federal agency responsible for safeguarding the rights of private sector employees to unionize and ensure fair labor practices nationwide.
The NLRB would initially confirm the absence of any existing labor contracts and verify the qualification of the petitioning union to represent the workers. Subsequently, the NLRB would notify Seneca Niagara of the petition results and mandate the employer to display a Notice of Petition for Election in prominent locations, including where employee notices are typically posted. In the present day, this also involves sending an email regarding the election notice to all employees.
Following this, the NLRB would conduct the election and determine the outcome. If the vote favors unionization, federal law dictates that Seneca Gaming Corporation must engage in good faith negotiations with the Teamsters.
Despite being a tribal resort on sovereign territory, federal labor regulations mandate tribal entities employing individuals outside their reservation to adhere to the National Labor Relations Act, overseen by the NLRB.
First for Seneca Niagara
Should Seneca Niagara unionize, efforts to negotiate at the tribe’s other two casino resorts — Seneca Allegany Resort & Casino in Salamanca and Seneca Buffalo Creek in Buffalo — would likely follow suit.
Seneca Niagara, the largest of the three casinos, boasts over 2,500 slot machines, 60 live dealer table games, and a sportsbook. The AAA Four Diamond hotel at the resort offers more than 600 guestrooms and premier amenities such as a spa, high-end retail outlets, an indoor pool, a fitness center, and a variety of dining, drinking, and entertainment options.
Seneca Gaming employs over 5,500 full-time workers and reportedly paid around $313.4 million in wages last year, contributing an economic impact of $1.1 billion in upstate New York.
The tribe shares 25% of its slot revenue with the state. Nevertheless, the Seneca Nation aims to discontinue the revenue-sharing arrangement through a new Class III gaming compact. Negotiations with New York Gov. Kathy Hochul (D) are currently ongoing.