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Category Archives: Unions

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NLRB Issues Decision with Significant Impact on Construction Industry

Posted in Unions

On July 11, 2016, the National Labor Relations Board issued a decision stating that unions can include both sole employees and joint employees into a single bargaining unit without the consent of both employers.  The case, Miller & Anderson, Inc., called upon the Board to revisit its holding in Oakwood Care Center, which held that a union… Continue Reading

Indicted Union Representatives Try Again to Revive Enmons

Posted in Unions

The Boston Globe reports that the Massachusetts AFL-CIO has filed a friend of the court brief seeking to have the indictment of five members of the Teamsters Union in Boston dismissed.  The Teamsters members are facing federal charges that they extorted non-union contractors and owners that employed non-union contractors.  The Massachusetts AFL-CIO is arguing that… Continue Reading

Union Contractors Need to Read This

Posted in Unions

Earlier this year, I wrote about the indictment of the owners of a union construction company that was improperly operating a double breasted (a union firm and a related non-union firm) operation.  That indictment alleged that the owners of the union firm failed to pay union members fringe benefits and wages when the union employees worked… Continue Reading

Is Local 98’s Drone Legal?

Posted in Unions has a story up about IBEW Local 98’s use of a drone to record footage of a picket line at a Philadelphia construction project.  Local 98 even posted a nifty video of its drone footage to youtube, which is embedded below, complete with cheesy music. Local 98 says that the drone will be used… Continue Reading

Construction Company Executives Indicted for Running Double Breasted Operation

Posted in Unions

The United States Attorney for the District of Massachusetts announced that it indicted two construction company executives for running what the Department of Justice calls  “a fraudulent “double breasted shop” scheme.”   The DOJ charged Christopher Thompson and Kimberly Thompson on 18 counts of mail fraud, one count of benefit fund embezzlement, and 18 counts of… Continue Reading

Court Affirms Injunction Against Mass Picketing …. For Now

Posted in Picketing, Unions

The Pennsylvania Superior Court gave general contractors and non-union real estate developers a early Christmas gift and a bit of positive news going into the New Year in a recent decision that upheld (for the most part) a trial court’s preliminary injunction enjoining labor unions from engaging in mass picketing and gate blocking of a construction… Continue Reading

My Comments to the Media

Posted in Unions

In the past week, members of the media greatly overestimated my legal abilities and thought they were sufficient enough to quote me in recent articles.  If you care to read them they can be found by clicking here and here.  (One of the reporters recorded our interview and I am happy to say I don’t sound like… Continue Reading

What the Bill Removing Exemptions for Union Violence Means for the Construction Industry

Posted in Unions

In a move that I never would have expected, Pennsylvania Governor Tom Wolf signed into law HB 874 which removes exceptions to the offenses of stalking, harassment and threatening to use a weapon of mass destruction from those involved in labor disputes.  This move is shocking because Big Labor heavily supported Governor Wolf’s election campaign… Continue Reading

Relax About the Impact of the NLRB’s Browning Ferris Decision on the Construction Industry

Posted in Unions

Before publishing this post, I confirmed that my clients were indeed still in business and planned on business as usual this week.  Despite doomsday like proclamations, Thursday’s NLRB decision in Browning Ferris Industries, which revised the test for finding joint employer status, did not end the construction business as we know it.  The Board’s decision… Continue Reading

Court Slams Philadelphia Building and Construction Trades Council

Posted in Unions

In 2012 and 2013, a Philadelphia apartment developer was subjected to an unrelenting assault by the Philadelphia Building and Construction Trades (a division of the AFL/CIO) for its decision to construction an apartment building in Philadelphia using a mixed work force of union and non-union labor. An Order entered by the Third Circuit Court of Appeals… Continue Reading

Support H.B. 874: Eliminate Crimes Code Loophole For Union Harassment

Posted in Unions

I write to urge you to support House Bill 874.  Pennsylvania’s criminal code currently declares harassment, stalking, and deadly threats to be protected activities when perpetrated by a party engaged in a labor dispute. House Bill 874 . No one, management or labor, should be allowed to lawfully harass, stalk, threaten violence or make bomb… Continue Reading

How An Obscure Ruling Involving the SEC Impacts Construction Contractors

Posted in Unions

Recently, a colleague at lunch asked me if I was familiar with a case involving the constitutionality of Securities and Exchange Commission administrative law judge proceedings.  (Both the CATO Institute and the Wall Street Journal have covered the case.)  What appears to be an obscure constitutional case that lawyers talk about at lunch, could actual… Continue Reading

Letter of Assent Does Not Bind Contractor to Future CBA

Posted in Unions

We recently obtained a dismissal of a complaint brought by the Philadelphia Carpenter’s Union against a contractor that sought to obtain an audit of that contractor’s books and records for the purpose of determining an alleged ERISA liability owed to the Carpenters under a collective bargaining agreement.  A copy of the opinion can be found… Continue Reading

Pennsylvania Convention Center Strikes Potential Death Blow Against Illegal Union Tactics

Posted in Unions

In recent years – and as chronicled on this blog – businesses and prosecutors have slowly chipped away  at the belligerent tactics Philadelphia labor unions have for years employed to achieve their objective of monopolizing work for their members (and ultimately enriching fat cat union bosses).   The first blow came when an apartment developer dared… Continue Reading