The 9th Circuit Court of Appeals has sent to arbitration a labor/dispute over union representation following several lawsuits that accused employers of acting in bad faith by refusing to accept the union as employees’ bargaining representative.
Recent case: When the International Union of Painter and Allied Trades conducted a card check to measure union support among employees at a group of contractors, the contractors objected and one refused to honor the results. The case went to both the National Labor Relations Board (NLRB) and federal court.
The appeals relied on the NLRB’s conclusion that the existing union contract covered card check procedures and sent the case to arbitration to settle whether the card check was conducted according to the language in the existing (but now expired) union contract. (IUPAT v. J&R Flooring, et al., No. 08-17089, 9th Cir., 2011)