Thou Shall Not Picket the Sabbath: More Fallout from Brandon Medical Center

As promised, I am back blogging on construction (however, my previous posts will not be the last your hear about hard money lending).

In a previous post, I discussed the scuttlebutt surrounding NLRB’s decision in Brandon Medical Center, which blessed the use of large inflatable rats to protest a secondary employer’s decision to hire a non-union contractor.  Based upon the Board’s Brandon Medical Center, and earlier decisions in Eliason, Silverline Construction, and Forcine Concrete & Construction Co., Inc., I predicted that short of outright thuggery, it would be difficult to imagine what conduct the Board would deem coercive.  A recent General Counsel advice memorandum shows that my prediction may be coming true.

In Abestos, Lead, & Hazardous Waste Laborer’s Local 78 (Midway Jewish Center),  Local 78 picketed the Midway Jewish Center using an inflatable rat and hand-billing after the Center’s general contractor hired a merit shop asbestos abatement contractor.  The Rat held a sign that encouraged the public to call the Center’s rabbi to chastise him for allowing a merit based firm on site.  Expectantly, the General Counsel advised the Regional Director that following the Board’s decision in Brandon Medical Center that the union’s action did not violate Section 8(b)(4)(ii)(B). Never mind that the the picketing, including handing handbills to worshipers coming to the Center , continued during passover and on Saturday (which the Board’s memo reminds readers is the “Jewish Sabbath,” as not to be confused with other Saturday Sabbaths). A copy of the Midway Jewish Center case is available here.  Midway Jewish Center.

Seriously, can the union really argue that it was engaged in expressive activity directed to the public?  And, would it have really hurt Local 78 if they gave picketing a rest during Passover?  Of course not, because the Local’s goal was not to influence the public, rather it was to harass those going to worship, who had little — if anything — to do with the selection of the merit shop asbestos abatement firm.  




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NLRB Clarifies Definition of Coercive Tactics

The National Labor Relations Board’s decision in United Brotherhood of Carpenters and Joinders of America, Local Union No.1506 (Eliason & Knuth of Arizona, Inc.)  355 NLRB 159 has received a great deal of discussion after the Board held that “bannering” was a “non-coercive” activity that did not violate Section 8(b)(4)(ii)(B) of the NLRA.  For those wondering what the current NLRB does consider coercive, the NLRB’s recent decision in Southwest Regional Council of Carpenters (Silverline Construction) provides clear guidance.  A copy of the NLRB’s decision can be downloaded here:  Board Decision

There the NLRB found that the Carpenter’s Union restrained and coerced the rights of employees of a merit shop subcontractor, Silverline Construction, Inc.,  when they engaging in the following acts:

  • pushing and shoving Silverline employees;
  • kicking Silverline employees’ lunchboxes out of their hands;
  • tackling, kicking, shoving, or punching Silverline employees;
  • threatening Silverline employees with physical harm by challenging them to fight;
  • surveillance of Silverline employees by videotaping them as they enter job sites;
  • throwing objects at Silverline employees;
  • in the presence of employees, throwing objects at Silverline supervisors;
  • in the presence of employees, pushing and shoving Silverline supervisors;
  • in the presence of employees, assaulting and choking a Silverline supervisor;
  • in the presence of employees, threatening Silverline supervisors with physical harm by challenging them to fight;
  • in the presence of employees, threatening a supervisor of a subcontractor of Silverline with physical harm by challenging the supervisor to fight;
  • assaulting employees of a subcontractor of Silverline by striking, punching, and grabbing them;
  • in the presence of employees, assaulting supervisors of a subcontractor of Silverline by striking, punching, and grabbing them.

Thankfully, the Board has given us clear guidance on how far a union who is in a “labor dispute” with a contractor can go before they will be sanctioned.

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