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Wynn
dealers say filing led to firing
By
Benjamin Spillman
Las
Vegas Gaming Wire
LAS VEGAS, Nevada
-- A dealer who complained that casino operator Steve Wynn orally
abused her says she was fired from her job at Wynn Las Vegas.
Cynthia Fields
said managers at the upscale Strip hotel-casino dismissed her Saturday
for walking off the job without permission earlier this month, an
accusation she denies.
Fields said
she believes she was fired for filing a report with the National
Labor Relations Board after a meeting in which she and other witnesses
said Wynn lost his temper and made job threats if they protested
a change in the casino's tip distribution policy.
"They wanted
to get rid of me to prove a point, to scare everybody," she
said.
Fields, 39,
of Henderson, fears the incident will unfairly tarnish her reputation
as a dealer and hopes the NLRB can put her back on the job at Wynn
Las Vegas.
"Everyone
is going to look at me as a troublemaker and I was only standing
up for my rights," Fields said. "I was standing up for
the rights of every employee at the Wynn."
An attorney
for Wynn wouldn't discuss Fields' specific situation, citing privacy
laws, but said casino management doesn't retaliate against employees.
"Employees
are not retaliated against. They are allowed to express themselves
in appropriate manners," Wynn attorney Gregory Kamer said.
Dealer problems
at Wynn date back to a change in tip policies that started at the
casino Sept. 1. The policy change broadened the tip pool to include
more managers. Wynn representatives characterized the change as
a redistribution meant to correct a pay gap that had some managers
earning less than the people they supervised.
"We came
to the realization that the structure we had and the compensation
program that was in place wasn't working," Wynn Las Vegas President
Andrew Pascal said.
Critics said
the tip changes were an unfair dip into the dealers' toke pool and
said Wynn should use the casino's money to give managers raises.
The changes
prompted protests organized by the International Union of Gaming
Employees, a small group that offers support and information to
Las Vegas dealers. The protests drew dozens of dealers to the sidewalks
in front of Wynn Las Vegas. But Wynn dealers didn't attend because,
many said, they feared for their jobs.
Fields said
her troubles began around Oct. 30 during a meeting that included
Wynn, several members of the casino management team and employees
to discuss the policy.
"I happened
to be unlucky enough to be sitting next to Steve Wynn at that first
meeting and made a complaint about it," said Fields, who dealt
roulette and blackjack and had worked at Wynn Las Vegas since the
$2.7 billion casino opened in April 2005.
During the meeting,
Fields and other employees said, Wynn yelled, slammed his fist on
the table and threatened dealers with pay cuts or worse if they
protested.
Fields said
she was seated close to Wynn and bore the brunt of the harsh words.
She said the meeting left her terrified and prompted her to file
a charge with the NLRB.
"He said
that if we go union, a strike would be imminent and we would all
lose our jobs," Fields said.
Kamer wasn't
at the meeting but acknowledged it may have been heated. He denied,
however, there were any threats.
"It was
an informational meeting," Kamer said. "That is not to
say these are not emotional for the employees."
The NLRB investigated
the charge and on Dec. 28 determined there was enough evidence to
file a complaint against Wynn.
The complaint
is scheduled to go before an administrative law judge March 13.
The hearing had been scheduled for February, but was rescheduled
to give investigators' time to look into Fields' subsequent charge
that she had been unfairly suspended, said Stephen Wamser, deputy
regional attorney for the National Labor Relations board.
Wamser said
there is potential for an investigation into Fields' allegation
she was unfairly fired, although that charge is not part of the
case.
"If that
did happen. that can be part of this investigation," Wamser
said.
In general,
Wamser said, the NLRB has authority to ask a judge to order an employer
to reinstate an employee if there is evidence the person was unjustly
fired.
"But I
have to say that is very rare," Wamser said. "Sometimes
it really goes on the strength of the case."
Fields said
that on Jan. 7 casino managers presented a critical "shopper's
report" on her performance as a dealer. The reports, prepared
by workers from an outside firm posing as customers, are one way
the casino measures employee performance.
Fields said
the report criticized her for not smiling, properly greeting and
wishing her customers good luck. After managers delivered the report,
Fields said she was too upset to return to work and got a supervisor's
permission to leave.
Fields also
reported the incident to the NLRB, which hasn't decided whether
it warrants another complaint against Wynn.
Fields said
she later got a call from a casino manager who told her she was
suspended for leaving work without proper permission. On Saturday
Fields said she returned to the casino and a manager told her, "We
are separating you from the company."
Besides being
without work, the incident has shaken Fields.
"I've never
been in trouble in my life in a job," she said, adding that
her job was the sole means of support for herself and her 1-year-old
son. "I am a single mom. I have no insurance or anything for
him."
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