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Unfair Labor Practices


The National Labor Relations Board has exclusive jurisdiction over employer unfair labor practice charges that coerce employees free choice, and corresponding union unfair labor practices most noticeably 8(b)(4) conduct that threatens or coerces neutrals and covers strikes, picketing and the threat of the same upon neutrals, reserve gates at common sites, usually construction sites, set aside for the exclusive use of the primary (the employer with whom the union has a dispute). When clearly marked and used by the primary’s employees and suppliers, this gate becomes the only gate at which the union may lawfully picket. The other entrance is the neutral gate, a separate marked entrance, reserves for neutral employers with whom the union has no dispute.

This is a thicket and proceeding without experienced labor counsel, could result in a picketing damage action. Call Arnold and Kadjan, LLP first before you approach any employer regarding what can and cannot be said. The use of a Servette letter to make the same point without opening the union to potential liability and the development of an overall strategy, including other creative publicity, to advise the public, such as handbills.

B. NLRB Elections

The National Labor Relations Board conducts representational proceedings arising from petitions for a Board conducted election:

RC is a union or an employee petition for an election to determine a collective bargaining representative.

RD is a de-authorization petition filed by employees seeking to revoke a previously certified or recognized union as their bargaining representative.

RM is an employer’s petition for an election to determine the collective bargaining representative.

The road to 9(a) recognition by Board certification requires navigation through Board policy on contract bar, the open period, the insulated period. article 20 AFL-CIO raiding provisions and the Daniels eligibility formula.

The law once thought established is now open to challenge under the NLRB as now constituted by this administration.

Arnold and Kadjan, LLP will walk a client through from the composition of the unit, unit exclusions hearing, if necessary, post-election challenges and appeals if required and assist the client in bargaining the initial agreement.