Torres Law Group, PLLC is a leading political law firm in Arizona with a portfolio of legal services that includes political, labor and employment law. The firm provides legal advice on the formation and operation of political action committees, campaign finance issues and compliance with Department of Labor regulations on union elections, including improper use of social media. It also represents employees who have been wrongly terminated, especially those cover by whistleblower protections.  Learn More

Union Gets its Proposed Unit for Election

Union: International Association of Machinists & Aerospace Workers, Local Lodge 845 
Union petitioned to represent a Unit made of seven full-time and regular part -time general service technicians employed by a Volkswagen facility in Las Vegas. The employer objected to the appropriateness of the unit, seeking to include other service department employees in the including lubrication technicians, service consultants, service valet/porters, front/back counter clerks, one parts runner/driver, and one warranty administrator. 

The Board found the seven general service technicians to be an appropriate craft unit because the craft has a separate identity of skills, functions and supervision among other factors. Using the community interest standard, the Board found the petitioned for unit of seven general service technicians to be appropriate. The Board rejected the inclusion of the other employees under the community interest test, including an inquiry into the distinct nature of job functions and work, whether there is any overlap, the contact and interchange with other employees and terms and conditions of employment.  

Jurisdictional Dispute Dismissed Due to Binding AFL-CIO Plan

Unions: International Union of Operating Engineers, Local 4, Laborers' International Union of North America, Local 1421
Massachusetts Building-Wreckers and Environmental Remediation Association and the JDC Demolition company filed charges against the unions alleging that each union engaged in illegal activity to attempt to force JDC to assign certain work to employees it represents rather than to employees represented by the other union in violation of Section 8(b)(4)(D) of the NLRA. 

The jurisdictional dispute began when both unions claimed work operating bobcats and lulls at a demolition project. The Board dismissed the jurisdictional dispute before it because it found the parties had voluntarily agreed to use the Building and Construction Trades Department, AFL-CIO's Plan for the Settlement of Jurisdictional Disputes in the Construction Industry. 

The Board found that it was a binding valid agreed upon method of voluntary adjustment.  

Union Does Not Get Addition to Existing Unit

Union: United Food and Commercial Workers Union Local No. 1564, chartered by United Food and Commercial Workers International Union

Union sought to include six additional employees from a gas station and convenience store to a pre-existing unit of 87 employees at Alberston's Grocery Store in Roswell, New Mexico. The Employer objected to the unite clarification on the grounds that there is insufficient community of interest between the fuel workers and the grocery store workers and that two of the additional employees are supervisors prohibited from being in the unit under the National Labor Relations Act Section 2(11).  

The Board sided with the employer finding that the gas station employees had an insufficient community of interest with the grocery store employees because of their differing job functions, little interchange, different chain of supervision and other factors using the traditional test for unit clarification.

Default Judgement Against Contractor for Threatening and Coercive Activities

Union: Bricklayers and Allied Craftworkers Local 8 - Southeast, International Union of Bricklayers and Allied Craftworkers, AFL-CIO
The Board entered default judgment against the contractor when it failed to file an answer to the charges against it. The Board found the contractor violated NLRA when it: threatened employees with discharge for their union membership and activities, discharged two employees after the employees joined the union, failed to pay employees in the unit wages owed under the CBA, failed to make any health or welfare contribution to the health fund on behalf of unit employees required under the CBA, and unilaterally ceased processing employees' authorized deductions of union dues and ceased transferring those funds to the union. The Board issued a cease and desist order against the contractor. 

The Board's order mandated wrongfully discharged employees be reinstated with backpay, rescinded any unilateral changes made to the CBA, mandated make whole remedies for the unit employees whole for any losses suffered from contractor's failure to make the required wage and benefit payments under the CBA, including reimbursement with interest for any expenses that employees had to pay as a result of the failure to make the required wage and benefit payments.

Our Legal Team

Israel G. Torres

James E. Barton II

Saman J. Golestan

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