, 351 NLRB No. 29 (Sept. 2007)
Issue area: Employer lawsuits against unions
Holding: Unsuccessful employer lawsuits against a union will not result in an unfair labor practice if there was a "reasonable basis" for the lawsuit.
Guideline Memorandum concerning BE&K from the NLRB Office of General Counsel, 351 NLRB No. 18 (Sept. 2007)
Issue area: Salting
Holding: Union salts will no longer be entitled to presumption that they are genuine applicants for employment. Where an employer puts forward evidence that the salts lacked a “genuine interest” in working for the employer, the General Counsel will now bear the burden of proving such genuine interest in order to show any duty to hire the applicants.
Guideline Memorandum concerning Toering from the NLRB Office of General Counsel
, 351 NLRB No. 28 (Sept. 2007)
Issue area: Card-check
Holding: Employees will now have 45 days after receiving notice that their employer has recognized a union based on a card-check majority to file a decertification petition.
, 350 NLRB No. 42 (July 2007)
Issue area: Project Labor Agreements (PLAs)
Holding: An agreement by project owners to impose union-only PLAs under threat of environmental challenges violates Section 8(e) where they do not arise in the context of collective bargaining regarding the owner's own workforce; union threats to delay regulatory permits are no longer justified under 8(e).
, 349 NLRB No. 118 (May 2007)
Issue area: Salting
Holding: The NLRB concluded that to apply the presumption of indefinite work (the presumption that an aggrieved worker would have been employed by the company for an indefinite period) in cases involving union salts is not only "unreasonable," but also "punitive" in effect. The Board cited evidence that union salts typically do not stay for long at non-union companies.
Case Handling Instructions for Cases involving Oil Capital from the NLRB Office of General Counsel
Official Board website
Full text of the Act
Read more about recent cases and decisions affecting the merit construction industry
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