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Union Contractor Becomes Non-Union Overnight

An SBJ construction client recently seeking assistance from SBJ Shareholder Judd Lees and Associate Matt Kelly in responding to a union trust fund audit, ended up union-free.  That’s because during the course of the initial consultation, it was disclosed that the contractor’s union employees no longer wanted union representation.  A union decertification petition filed by the employees was rebuffed by the regional office of the National Labor Relations Board and the employees then filed a petition with the employer asking that it no longer recognize the union as their bargaining agent.  The client, with the assistance of SBJ attorneys, then filed a rarely used RM (Employer) petition and convinced the Region that the existing agreement was not a bar to a representation election.  Rather than proceed to an election, the union disclaimed any interest in continuing to represent the employees.  That SBJ client is now union-free.