Unions
Pennsylvania Commonwealth Court Holds that Nearly All Project Labor Agreements are Illegal
By Wally Zimolong on
In what is nothing short of a monumental decision, on January 11, 2019, the Pennsylvania Commonwealth Court in Allan Myers L.P. v. Department of Transportation ruled that nearly all project labor agreements in Pennsylvania are illegal under the Commonwealth’s procurement code.
What are Project Labor Agreements?
In short, Project Labor Agreements (PLAs) are pre-hire agreements…
Unqualified Threat to Picket a Neutral is Unfair Labor Practice
By Wally Zimolong on
On December 27, 2018, the National Labor Relations Board enforced a decades old policy that a union’s unqualified threat to picket a neutral employer at a “common situs” a/k/a a construction site is a violation of the National Labor Relations Act.
Background
The case involved area standards picketing by the IBEW of a project owned…
Federal Court Awards $1.2 Million Against Teamsters for Illegal Picketing
By Wally Zimolong on
Posted in Secondary Boycotts, Unions
A Minnesota federal court recently entered summary judgment in favor of a plaintiff and against a Teamsters local and entered judgment in the amount against for $1,238,315 for the Teamsters’ illegal picketing of plaintiff’s facility.
In the case, Sysco Minnesota, Inc. v. Teamsters Local 120, a Teamsters Local – Local 41 – who had…
Rights Afforded to Employees and Employers During Strikes
By Wally Zimolong on
Posted in Unions
One of the most powerful weapons in labor’s arsenal is a strike. Like most powerful weapons there is a dichotomy in a strike. On one hand, it can bring about concessions from management that labor seeks. On the other hand, it can permanently change the relationship between management and labor. However, one thing is certain,…
Concerned about Unionization? Show this Post to Your Employees
By Wally Zimolong on
Posted in Unions
The Buffalo News has an article that shows that unionization is not the rainbows and unicorns that organizers promise. The story involves the Ironworkers organizing of a company call Wendt Corp. Over a year ago, Wendt’s employees voted in favor representation by the Ironworkers. But, Wendt and the union still have yet to agree on…
Jinx: Third Circuit Rules in Favor of Teamsters in Withdrawal Case
By Wally Zimolong on
Posted in Unions, Withdrawal Liability
Bad omen. Last week, I wrote about a Appeals Court decision that affirmed a contractor’s escape from an over $600,000 withdrawal liability assessment from the Laborers Union. The next day the Third Circuit (which covers PA, NJ, and DE) handed down a decision affirming a federal court’s decision to assess withdraw liability. This one shows…
BREAKING – Supreme Court Deals Major Blow to Unions
By Wally Zimolong on
Posted in Public Contracts, Unions
The United States Supreme Court handed down its much anticipated decision in Janus v. AFSCME .
(Because of my involvement with litigation related to this decision there is not much commentary that I can offer at this time. Stay tuned.)
Withdrawal Liability? Read your CBA
By Wally Zimolong on
Posted in Unions, Withdrawal Liability
Withdrawal liability is a huge issue facing unionized employers. According to Bloomberg, 93% of the Top 200 largest pension plans are underfunded by a combined $382 billion. Contractors that withdraw from a multi-employer pension plan can face hundreds of thousands or millions of dollars in assessed withdrawal liability. However, employers may be able to…
What are Section 8(f) Agreements?
By Wally Zimolong on
Posted in Unions
Like many areas of federal labor law, there are different rules for construction industry employers. One major difference is in how employers become unionized. Typically, under Section 9(a) of the National Labor Relations Act, a union becomes a collective bargaining agent of employees only after a majority of employees show support for union representation. In…