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In 2011, employees voted through card check to unionize through the Culinary Employees Union, which represents the vast majority of Strip resort workers. Regardless of the lack of a union contract, staff have been allowed to maintain their jobs amid the 2014 ownership change. In November 2013, more than one hundred union members were arrested after protesting contained in the resort. A March 2013 protest resulted within the arrests of 98 union members after they blocked traffic in entrance of the Cosmopolitan. In the meantime, Culinary members began an insult marketing campaign towards Cosmopolitan guests. In April 2011, Cosmopolitan security employees allegedly removed a transgender visitor named Stephanie from a ladies's restroom, photographed her, and mentioned that she could be banned for life if she did not go away the premises.

Upon its opening, the Cosmopolitan was one among only some non-union resorts on the Strip. In August 2013, Culinary vowed to begin protesting on the Cosmopolitan on a weekly basis. In October 2013, the APNJ launched counter demonstrations at the Cosmopolitan, handing out "thanks" playing cards to company. A series of Culinary protests befell on the resort beginning in January 2013, in hopes of expediting discussions. These marked the first Strip resort protests since 2003, when Culinary demonstrated at the Aladdin. For years, the Stratosphere sat alone as the only real resort in the realm. The Alliance to guard Nevada Jobs (APNJ) was opposed to these protests, stating that they have been hurting Las Vegas tourism.

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