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 indicates that the developer may have obtained a small form of justice.  The Order is a result of an action by the National Labor Relations Board against the Building and Construction Trade’s Council (BCTC).  In addition to violating the National Labor Relations Act, the Board alleged that BCTC’s actions violated previous injunctions entered against the BCTC for actions similar to those inflicted on the apartment developer.   Among other things, the Order requires the BCTC to pay the developer $40,000 in compensatory damages and subjects the BCTC to $150,000 if the Order is violated.  Moreover, the Order requires an employee of the BCTC to pay an individual fine of $7500.