The National Labor Relations Board has continually held that surveillance of employees engaged in union organizing activity is generally unlawful. An employer that photographs or videotapes employees engaged in concerted activities may be engaging in prohibited surveillance, unlawfully creating the impression of surveillance, or both. The classic example of when this happens is after an…

A union’s level of access to remain on-site of a shopping center depends on weighing the employer’s private property rights against employees’ Section 7 rights. Unfortunately, private property interests may be required to yield to the trespassory activity of non-employee union organizers when the union lacks a reasonable alternative for communicating with employees or when…

Hot-cargo agreements are agreements between an employer and a union where the employer agrees to not handle or work on any freight or product coming from another person with whom the union has a dispute. Section 8(e) of the National Labor Relations Act prohibits unions and employers from entering into any agreement where the employer…

According to the United States Bureau of Labor Statistics, the percent of American workers belonging to labor unions in 2013 was the same as in 2012 – 11.3%. Pretty amazing that the number remained steady considering all the people in the workforce. By peeling back the numbers, we get a better look at what is…

A fair amount of work is referred to me from business lawyers who need help navigating the complex world of traditional labor law when structuring a merger or acquisition of a unionized company. A few recent examples of how this happens this include:  A real estate development company that purchased a building where the janitors,…

Last week I published one of my most popular blog posts: Remote Text Sender Now Liable for Distracted Driver’s Crash. Most people who read that post probably thought about employment laws – since that seems to be the thought process of most of my readers. But distracted driving also implicates other areas of law, too. …