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,…

A union seeking to organize a construction employer’s drywall workers did not violate the National Labor Relations Act (NLRA) by following the employer’s supervisors and managers aggressively in cars – including running red lights to maintain pace – from the employer’s main office to various jobsites. Section 8(b)(1)(A) of the NLRA prohibits unions from restraining…

Micro-units and the National Labor Relations Board’s “overwhelming community of interest” standard are here to stay. Persuader rules and quickie ambush elections are right around the corner. An aggressive pro-union NLRB will make sure that 2014 is the year that unionization proliferates. Companies wanting to remain union free must at least do the following immediately:…