September 2011

According to the National Labor Relations Board (NLRB), a Union engages in objectionable conduct if, during a union campaign drive to represent workers, the union finances a lawsuit seeking to recover overtime pay for the same employees being recruited to vote for the union.  This decision is important for two reasons:

  1. Employers facing an overtime pay lawsuit have a stronger argument for using the discovery tools in that lawsuit to find out if a union is “financing” the lawsuit.  Depending upon the circumstances, a union’s financial support to the employees as part of recruitment efforts for unionization may support an employer’s request to extend this ruling beyond its current reach.
  2. Employers who learn of organizing efforts by a union should conduct an internal assessment of their pay practices as part of getting their houses in order.  Trying to “stir up” an overtime pay lawsuit is becoming a common tactic in such organizing efforts. Continue Reading Union’s Financing Of Lawsuit Objectionable Conduct During Union Campaign