Contractor Facing Union Shift Sues Labor Board

     WASHINGTON (CN) – Recent rule changes by the National Labor Relations Board would force the release of confidential worker information, a concrete contractor claims in Federal Court.
     Baker DC LLC filed the April 17 complaint just two days after the United Construction Workers Local Union No, 202 Metropolitan Regional Council of Carpenters filed a petition to represent its workers with the National Labor Relations Board.
     Baker DC had until that Friday to post a notice letting employees about the union’s petition.
     It says a new NLRB rule that took effect on April 14 requires employers to post notices prior to determination by the board.
     If an employer does not write a Statements of Position prior to any hearing, it is allegedly barred from presenting evidence at the hearing.
     Baker DC says the rule limits its opportunity for pre- and post-election review by the labor board.
     “The new rule seeks to arbitrarily expedite the election process, even though the data show the [labor] board already conducts elections below its established time targets in more than 90 percent of cases,” the suit says.
     Baker said the new rules infringes on its First and Fifth Amendment rights by forcing it to turn over its worker’s names, telephone numbers and email addresses to the union before the election. It also claims that it would not have the opportunity to present evidence regarding worker’s eligibility to vote in an election.
     “Baker must have the opportunity to effectively communicate with their employees on the subjects of union organization and collective bargaining,” the suit said.
     Baker DC’s attorney Maurice Baskin did not return a request for comment, nor did the National Labor Relations Board.

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