AGC Tells NLRB to Preserve Notice Rule in Common-Situs Picketing Cases

AGC of America has submitted an amicus brief with the National Labor Relations Board in a case involving common-situs picketing.  The case, IBEW Local 357 (Desert Sun Enterprises), presents an opportunity for the Board to reconsider its long-standing requirement that, when a union notifies a neutral employer of its intent to picket a primary employer (the employer with which it has a direct dispute) at a site where both employers are located, the union must include assurances that it will conduct the picketing in accordance with set standards for lawful picketing.

In the brief, AGC urges the Board to maintain the requirement because it is consistent with the National Labor Relations Act, protects important public policies, and reflects the realities of labor relations on multiemployer worksites.  “Departing from precedent…would allow unions to turn studied ambiguity in their communications into a weapon they could readily wield against the potentially many secondary employers at the potentially many sites at which a primary employer and those secondary employers are both working,” AGC explains. 

Joining AGC on the brief is the Council on Labor Law Equality, an association of employers in various industries with the collective purpose of monitoring and commenting on developments in the interpretation of the National Labor Relations Act.  The brief was written by attorneys with the law firm Ogletree Deakins.

For more information, contact Denise Gold, Associate General Counsel, at goldd@agc.org or (703) 837-5326.

Source: AGC of America