Businesses engage customers and clients online more than ever. Now, your online strategy needs to include a plan to combat union organizing. Unions have been ahead of the game on using social media and the internet to support their organizing campaigns. One of the reasons for that was the cost involved with the campaign. However,… Continue Reading
Some of the most viewed topics on this blog are those concerning double breasted company. That is a two separate firms, commonly owned, one that is a signatory to a union and the other that is merit shop. An issue frequently encountered with double breasted construction companies is an union arbitrator’s jurisdiction over the non-signatory… Continue Reading
Jan Von Bergen at the Philadelphia Inquirer reported that work on Comcast’s new tower came to a halt this morning when striking members of Local 542 picketed the Comcast tower project and other union trades refused to cross the picket line. However, this show of solidarity (during the afternoon on the Friday before the Fourth… Continue Reading
In a case that has been widely discussed on this blog, a United States federal district court Judge denied the Philadelphia Carpenters’ Union’s motion to dismiss a federal RICO case filed against it by the Pennsylvania Convention Center. Judge Nitza I. Quiñones Alejandro issued the ruling on the Union’s motion. Unfortunately, Judge Quinoses Alejandro did not… Continue Reading
In early September a Texas jury awarded a janitorial $5.3 million against the local chapter of the SEIU. The janitorial firm claimed that the SEIU damaged its reputation and caused it damages when it spread false, defamatory, and disparaging stories about the firm. Specifically, the janitorial firm claimed that the SEIU told the janitorial firms… Continue Reading
News that a non-union contractor had filed a Lawsuit against IBEW Local 98 and its leader, John Dougherty, made headlines this week. While making fodder for local media, the plaintiffs must bound several legal hurdles before IBEW Local 98 and “Johnny Doc” face any threat of liability. Background on RICO The lawsuit was filed under… Continue Reading
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
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
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
Phillymag.com 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
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
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
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
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
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
In a rare blow to Big Labor, on August 17, 2015, the NLRB affirmed an ALJ’s denial of a claim that a non-union electrical contractor was the alter ego of a closed union firm. In Deer Creek Electric, Inc. and Black Hills Electric, Inc., an IBEW local brought a claim against a non-union firm claiming… Continue Reading
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
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
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
Project labor agreements come about when contractors refrain from unionizing when given the choice. Click here to read more.
In a sea change, complicated buildings are going up with nonunion labor, and that is a fundamental challenge to New York City 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
In a complaint alleging racketeering, he Pennsylvania Convention Center Authority seeks to recover more than $1 million in damages it says was imposed by the Metropolitan Regional Council of Carpenters.
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