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NLRB Orders Union To Drop Unlawful Grievance, to Dismiss Suit Seeking to Compel Neutral Employers to Arbitrate Grievance and to Pay The Employers’ Legal Fees and Defense Costs

By Mark Ross & Keahn Morris on June 5, 2017
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On May 23, the NLRB issued Road Sprinkler Fitters Local Union 669, finding that U.A. Local 669 (Union) violated the NLRA when it sought to apply and enforce facially valid anti-double breasting language in a national master labor contract to a dispute that it had with Firetrol Protection Systems, Inc. (Firetrol), a non-union company following an unsuccessful organizing campaign, and by, then, suing to compel Firetrol’s corporate parent, MX Holdings (MX), and several of its sister subsidiaries who had no involvement in the dispute to arbitrate and remedy the dispute. According to the Board, the Union’s conduct violated NLRA Sections 8(b)(4)(A) and (B) because it restrained and coerced MX and the other neutral employers with the dual objects of forcing them refuse to do business with Firetrol and forcing Firetrol to recognize and bargain with the Union — even though the Union had never been certified as the bargaining representative of Firetrol’s employees. The Firetrol decision can be found at 365 NLRB No. 83. Mark Ross and Keahn Morris represented Firetrol in this matter. Please do not hesitate to contact Sheppard Mullin with any questions regarding this decision.

Photo of Mark Ross Mark Ross

Mark Ross is an attorney in Sheppard Mullin’s San Francisco office.

Read more about Mark RossEmail
Photo of Keahn Morris Keahn Morris

Keahn Morris is a partner in the Labor and Employment Practice Group in the firm’s San Francisco office.

Read more about Keahn MorrisEmail
  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Law Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

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