In Construction, One Letter Can End the Whole Case

Enright Seeding just walked away from a years-long unfair labor practice fight — not because it won on the facts, but because the union sued under the wrong clock.

Back in 2022, the NLRB found the Iowa construction firm had a traditional 9(a) relationship with an Operating Engineers local — and ruled it broke the law by refusing to hand over requested information. Employer lost.

Then the Eighth Circuit flipped the Board. This wasn’t 9(a), the court said. Because Enright is in construction, never voluntarily recognized the union, and the union never showed majority support, the relationship was 8(f) — the kind you can walk away from once the contract expires.

That reclassification was the whole ballgame. On remand this week, the NLRB held the union had just six months to file after Enright said it was done with the contract. The union waited years. Case dismissed.

For construction employers: the 8(f) vs. 9(a) distinction is critical. Know what kind of union contract you have.

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