Trump's NLRB Squelches Speech of Union Workers Employed Jointly

Greg Boles
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Partner at The Boles Firm | Experience Matters

An all-Republican panel of Trump's NLRB led by Chairman John Ring has quietly denied free speech rights to unions by limiting their right to picket. Unions are not permitted to picket secondary employers, but workers are increasingly hired by joint employers, both of whom have significant control over wages, hiring, firing, hours, discipline and labor conditions. Janitors who were members of Service Employees International Union Local 87 employed by one company were sub-contracted to a second company to work in a building owned by a third company. When the janitors picketed the second company, the company retaliated by allegedly "cancelling contracts and discharging, threatening, interrogating, and surveilling the employees." The Trump panel reversed the ruling of the Judge that the second company employed the janitors and that the picket of the second company was legal. Had they been anyone other than members of a union, their right to picket would have been protected under the First Amendment. 

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