A federal court in Illinois recently dismissed a Chicago hotel’s complaint against UNITE HERE,
Local 1. The Congress Plaza Hotel and
Convention Center claimed in its suit that the union engaged in unlawful
“secondary boycotting” as part of its strike against the hotel. The union was accused of trying to cause
business groups not to hold their conventions at the struck hotel. In what can only be characterized as a
stinker of a strike tactic, the complaint alleged that UNITE HERE, Local 1 delivered
a heart-shaped package, filled with cow manure, to a group of scientists
who had scheduled their convention to take place at the struck hotel.
Section 8(b)(4)(ii)(B) of the
National Labor Relations Act prohibits unions from exerting pressure on
secondary businesses with the objective of causing them not to do business with
a “primary” employer (one with whom the union has a labor dispute). The allegations of this case seemed to fit
the bill for such a claim. After all, if the scientists “got the drift” of the
message behind the union’s lovely “gift,” it certainly appeared the union was
unhappy with their choice of the location for their convention. Unfortunately, the court never decided whether
the union’s creative but raunchy “cow pie” package crossed the line because it
ruled the hotel failed to bring suit within the applicable statute of
limitations.
Labor unions generally have
little clout during a labor dispute. To
be sure, employees may lawfully withhold their services in an attempt to get
their way at the bargaining table; i.e. go on strike. But employers willing to withstand a strike
are within their legal rights to hire replacement workers and continue
operating, as was the case in this particular matter. Faced with this kind of dilemma unions
sometimes resort to “creative” measures such as the secondary pressure aimed at
customers as alleged in this case. Other
cases with which our attorneys have been involved in the past include a union
using giant inflatable rat; public campaigns through social and other media;
and, on occasion, acts of violence.
Knowing how and, as this case demonstrates, when to react
to such union tactics is part of management’s careful strike preparation plan in
anticipation of any potential labor dispute.
For knowledgeable advice and
assistance with advance planning for possible labor disputes or dealing with
union pressure tactics, seek the advice of an experienced labor lawyer. Contact: James B. Sherman at (952) 746-1700, or email jasherman@wesselssherman.com.
