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  1. Home
  2. Labor Union | How a New York Employer Defeated Unfair Labor Practice Claims Before the State Labor Board

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Labor Union | How a New York Employer Defeated Unfair Labor Practice Claims Before the State Labor Board



In a complex labor-management dispute involving two competing unions, our firm represented a New York employer accused of unfair labor practices and violations of the duty of fair representation.

The allegations arose after the company concluded collective bargaining with the majority Labor Union, leading the minority union to claim exclusion, discriminatory contract terms, and retaliatory discharge of one of its officers.

Because unfair labor practice findings can result in orders, penalties, reinstatement, and reputational damage, developing a structured defense was critical.

Our task was to demonstrate that the employer had fulfilled its obligations toward both unions and terminated the employee for legitimate business reasons unrelated to Labor Union activity.

Through extensive document review, procedural analysis, and factual rebuttal, we successfully defended the employer before the New York State labor authorities, resulting in dismissal of the petition.

contents


1. Labor Union New York – Background of the Employer’s Labor Relations Dispute


The employer, a waste-collection and transport company in New York, had two active unions operating on site.

After a formal bargaining-unit election, the majority Labor Union was designated as the exclusive representative for collective bargaining and negotiated a new collective bargaining agreement (CBA).

Following ratification, the minority union alleged exclusion from bargaining and retaliatory termination of one of its officers.



Claims raised by the minority union before the labor board


The minority union alleged three primary violations:


• Exclusion from meaningful participation during CBA negotiations
• Adoption of terms that disproportionately harmed minority-union members
• Retaliatory termination based on Labor Union activities

 

These allegations formed the basis of the unfair labor practice petition.



2. Labor Union New York – Legal Principles Governing Fair Representation and Employer Conduct


Under New York and federal labor law, employers must refrain from interfering with or retaliating based on Labor Union activity.

However, not every disagreement or contract disadvantage constitutes a statutory violation.

Our objective was to show that the employer satisfied all procedural duties and acted independently of union politics.



Understanding duty of fair representation and alleged discrimination


The duty of fair representation requires neutrality toward all bargaining-unit members.

 

We demonstrated that both unions were treated equally in terms of access, notice, and opportunity to participate, contradicting claims of favoritism toward the majority Labor Union.



Clarifying the standard for employer unfair labor practices


To prove employer interference, the minority union needed evidence of intentional conduct aimed at suppressing Labor Union activity.

 

Mere dissatisfaction with contract outcomes is insufficient under established labor-law precedent.



3. Labor Union New York – Employer’s Rebuttal Strategy and Evidence Development


Labor Union New York – Employer’s Rebuttal Strategy and Evidence Development

 

Our firm conducted a comprehensive document review and witness analysis, allowing us to rebut each allegation with contemporaneous evidence of procedural fairness and legitimate decision-making.



Demonstrating inclusive bargaining processes


We showed documented invitations, meeting participation, and feedback opportunities extended to the minority union.

 

These facts supported the employer’s position that it fulfilled its obligations under Labor Union procedural rules.



Establishing the legitimacy of the employee’s termination


The terminated minority-union officer lost his commercial driving privileges following a DUI incident.

 

Because a valid license was an essential job requirement, the employer had objective grounds for termination unrelated to Labor Union membership.

 

The CBA explicitly listed loss of required licenses as a termination basis applicable to all employees.



4. Labor Union New York – Labor Board Decision and Employer Victory


After reviewing the record, the New York labor board rejected the petition and found no violation of Labor Union or unfair labor practice laws.

 

It accepted that the employer maintained neutrality, followed required procedures, and acted for legitimate operational reasons.



Why the labor board dismissed the petition


The decision cited:


• Lack of evidence of employer interference
• Neutral and uniformly applied contract provisions
• Absence of discriminatory intent
• Clear justification for termination

 

The employer was cleared of all charges, and the CBA remained in effect.



Lessons for employers managing multi-union environments


Employers should document union interactions carefully and apply workplace rules consistently to avoid claims of Labor Union bias.

 

Neutral enforcement of safety-related requirements is particularly important in regulated industries.

 

If your organization faces allegations involving Labor Union disputes or unfair labor practices, SJKP can provide strategic defense and labor-board representation.

 

Contact us for guidance on managing Labor Union matters in New York.


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The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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