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The following is my COMPLETE statement in the thread 'What law is this?"

"Simply - there is no such law or directive, thus nothing is forcing Wynn LV to implement such a policy.

NLRA provides that the status quo must be maintained by an employer during contract negotiations. That means that an employer is prohibited from UNILATERALLY changing the conditions of employment at the property engaged in negotiations. Nothing prohibits the employer and the Union from agreeing to IMMEDIATELY change an employment provision.

Why is he doing that? Because he is a habitual liar who wants to paint the Union as the enemy. In addition, he does not want dealers who are Union Members or lean pro Union at the Encore.

By the way, there is also nothing prohibiting Mr. Wynn from undoing his admitted "mistake" (implementing the new tip split). Should he want do so, the Union would not stand in his way.

On the other hand, Mr. Wynn has the right to prohibit any one presently employed at WynnLV from TRANSFERRING to the Encore."

This was posted by a moderator (Wynnerator), on the TWU local 721 site, in response to a similar question/request:

"The Wynn could allow any dealer to transfer to Encore if they wanted to. The TWU has made its position known to the Wynn that the Union would have no problem with Wynn management allowing any dealers to transfer or apply at the Encore and would NOT consider this a change in employment status, to use your words. The Wynn's response has been that they will consider any offer we want to make at the bargaining table concerning this issue. That means the Wynn is basically holding its dealers hostage as "bargaining chips" during contract negotiations, but trying to make it sound (in their letter to all Wynn dealer's) like it is the Unions fault, and darnit, we WOULD let you dealers go but we just can't with contract negotiations ongoing. BS to that.... Frankly, I don't know why ANY Wynn dealer would want to go to the Encore where there is currently no Union protection maintaining the status quo, but that's just me."

"Thats where the money will be made for the next couple of years in my opinion."

You could be right.

However, that, in my opinion, depends on what the NSC rules and what other new "vision" Mr. Wynn has concerning the tips (saving payroll expenses).

In addition, Mr. Wynn has stated and implemented the tip split policy at the Wynn because "the dealers earned more than the supervisors". If he still believes that, it would not surprise me if there is a full share split. Such an arrangement could eliminate the different category of employee argument. It would also allow him to pay the Leads an hourly pay (not salary) slightly more than what he pays the dealers (say $10.00 per hour). Which would reduce his payroll expense substantially.

Finally, no matter what is promised in the hiring process, Mr. Wynn has proven that he cannot be trusted to adhere to a written agreement concerning tips. Thus, whatever he publishes and hires with, he can change at will to make sure that the LEADS receive more compensation than the WORKERS and that he has reduced his expenses."

The saying "Buyer Beware" certainly applies when considering working for Mr. Wynn without an ironclad contract.

"..if the Wynn dealers don't get to move to encore then the union won't be around much longer at the wynn"

So, you would rather believe what Mr. Wynn publishes ($100,000 per year dealers, highest paid dealers, union is blocking the move to Encore, etc) than the truth.

Mr. Wynn's motive for lying to you about the Encore, is to sow dissatisfaction among SOME uneducated dealers resulting in, hopefully, a decertification vote. It seems that he is succeeding in your case.

Since you are hell bent on wanting to work at the Encore, on a hunch, (for a not yet determined compensation) my advice to you is: Quit your job at WynnLV and apply at the Encore. Mr. Wynn can't stop you from doing that with LIES.