[6] Pursuant to Article X, members in violation can be “suspended, declared not in good standing, expelled from membership in the guild, be asked to resign, be censured, fined or otherwise disciplined…”[7]While the guild has yet to declare the specific consequences faced by a writer who fails or refuses to terminate his/her agent[8], some writers are concerned that the guild’s planned sanctions may take the form of taking away health and pension benefits.[9]A union’s right to prescribe its own rules, including grounds for discipline, is protected by federal labor law, but such right is limited by the National Labor Relations Act which prohibits a union from taking disciplinary action that “restrain[s] or coerce[s] employees in the exercise of their rights guaranteed in Section 7” (29 U.S.C. § 158(b)(1)(A)).[10]According to the U.S. Supreme Court’s interpretation of § 158(b)(1)(A), a union can “enforce a properly adapted rule which reflects a legitimate union interest, impairs no policy Congress has imbedded in the labor laws, and is reasonably enforced against union members who are free to leave the union and escape the rule.”[11] Hence, a guild’s action that interferes with a member’s exercise of rights constitutes an unfair labor practice.

Let’s take a quick look.Section 8(a) (5) of the National Labor Relations Act (“NLRA”) makes it an unfair labor practice for an employer “to refuse to bargain collectively with the representatives of his employees.” 29 U.S.C. § 158(a)(5). Section 8(d) defines “to bargain as: “[T]he performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment . . . but such obligation does not compel either party to agree to a proposal or require the making of a concession ….” 29 U.S.C. § 158(d).

ent is necessary.Observation of Daily ActivityTo the degree possible, building personnel should observe and keep written records of any picketing activities.Observers should note any dangerous and/or potentially unlawful incidents along with names if known and physical descriptions of the pickets, other individuals, participating union representatives and the license numbers of any vehicles involved.In the event of any improper activities, photographs or videos of the picket signs and of the improper activities are particularly helpful in documenting daily events.Supervisory PersonnelIt is necessary to brief building supervisory personnel on the purpose, design and use of the reserved gate system, and on the absolute necessity of maintaining separate entrances to minimize disruption of business activities.Supervisory personnel should also be prepared to respond immediately to any improper actions taken by the pickets, and to notify appropriate management officials of such activity.[1] 29 U.S.C. § 158(b)(4)[2] See, e.g.,Int'l Union of Operating Eng'rs, Local 150 v. NLRB , 47 F.3d 218, 223 (7th Cir. 1995); Local 7, Sheet Metal Workers' International Association, 345 NLRB 1322, 1324 (2005).[3] See 29 U.S.C. § 158(b)(4).[4]Edward J. DeBartolo Corp. v. Fla. Gulf Coast Bldg. & Const. Trades Council , 485 U.S. 568; Service Emps. Local 399 (Delta Air Lines), 293 NLRB 602 (1989);Storer Communications v. Broadcast Employees , 854 F.2d 144 (6th Cir. 1988).[5] See, e.g., Television & Radio Artists Local 55 (Great Western Broadcasting Corp.), 134 NLRB 1617 (1961); Plumbers & Pipe Fitters Local 32 (Ramada, Inc.), 302 NLRB 919 (1991); Eliason, 355 NLRB 797 at 802 — 10.[6] See, e.g., Service Employees Union, 312 NLRB 715 at 743 (1993), enforced mem., 103 F.3d 139 (9th Cir. 1996);Warshawsky & Co. v. NLRB , 182 F.3d 948 (D.C. Cir. 1999).[7] Service Employees Union, 312 NLRB 715, 743 (1993)[8]Douds v. Metro. Fed'n of Architects Local 231 , 75 F. Supp. 672, 676 (S.D.N.Y. 1948) (quoting 93 CONG. REC. 3423,

Second, it added Section 8(b), which prohibits unfair labor practices by unions. (29 U.S.C. §158(b).) Third, it added Section 8(c), which protects speech by both unions and employers from regulation by the NLRB. (29 U.S.C. §158(c).)

Second, it added Section 8(b), which prohibits unfair labor practices by unions. (29 U.S.C. § 158(b).) Third, it added Section 8(c), which protects speech by both unions and employers from regulation by the NLRB. (29 U.S.C. § 158(c).)

The union filed a charge with the NLRB alleging that E.L.C. unlawfully fired the electricians for exercising their rights to unionize. After a trial, the ALJ ruled that E.L.C. had violated 29 U.S.C. §158(a)(1) and (3), which prohibit an employer from interfering with, restraining, or coercing employees in the exercise of their rights guaranteed under Section 7 of the National Labor Relations Act—such as the right to form labor organizations and to bargain collectively—and from discriminating in hiring or any term or condition of employment based on membership in any labor organization. The NLRB affirmed the ALJ’s ruling and ordered E.L.C. to compensate the electricians with backpay.

U.S. Ninth Circuit Court of AppealsSubstantial evidence supported finding employer violated 29 U.S.C. § 158(a)(1) and (3) by firing an employee for his union activity. Deviations from internal practice, disparate treatment and after the fact justification showed its reasons were pretextual.

U.S. Ninth Circuit Court of AppealsSubstantial evidence supported finding employer violated 29 U.S.C. § 158(a)(1) and (3) by firing an employee for his union activity. Deviations from internal practice, disparate treatment and after the fact justification showed its reasons were pretextual.

The decision is a reminder that Section 8(a)(1) offers employees broad protection from employers’ attempts “to interfere with, restrain, or coerce employees in the exercise” of their statutory rights to organize. 29 U.S.C. § 158(a)(1); 29 U.S.C. § 157. More after the break.

Such guidelines and procedures shall include–(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.’. (b) Conforming Amendments- (1) NATIONAL LABOR RELATIONS BOARD- Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence–(A) by striking `and to’ and inserting `to’; and(B) by striking `and certify the results thereof,’ and inserting `, and to issue certifications as provided for in that section,’.(2) UNFAIR LABOR PRACTICES- Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended–(A) in paragraph (7)(B) by striking `, or’ and inserting `or a petition has been filed under section 9(c)(6), or’; and(B) in paragraph (7)(C) by striking `when such a petition has been filed’ and inserting `when such a petition other than a petition under section 9(c)(6) has been filed’.SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following:(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows: (1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively