Friedman & Anspach has represented its union clients in many important cases before the NLRB, including where federal courts have issued 10(j) injunctions. We have successfully pursued unfair labor practice charges against employers who have prematurely declared impasse or failed to bargain in good faith in contract negotiations, as well as employers who have illegally fired or threatened employees for union activities. In such cases we have gotten workers reinstated or restored contract benefits, and have gained large back pay and benefit fund awards. We have also defended our clients against duty of fair representation charges. In the organizational context, we have handled a wide variety of election matters, and have defeated employer attempts to decertify or withdraw recognition from certified bargaining agents.
Duane Reade, Inc.: the Board affirmed the Administrative Law Judge's decision that the employer had unilaterally implemented its final offer in the absence of a valid impasse. Duane Reade, Inc., 342 NLRB 1016 (2004).
Hope Community, Inc.: the NLRB ordered an election after a hearing in which it ruled against the employer's contention that the union's petitioned-for-unit was comprised of statutory supervisors. Hope Community, Inc., Case No. 2-RC-23016 (2005).
St. Nicholas Home, Inc.: the NLRB overruled various objections filed by the employer concerning conduct affecting the results of a representation election, including claims that the union had promised to waive initiation fees, that voters were threatened or promised benefits, and that misleading fliers were disseminated. St. Nicholas Home, Inc., Case No. 29-RC-11807 (2009).
Great Atlantic & Pacific Tea Co., d/b/a Waldbaum's: the Administrative Law Judge found that the employer had illegally denied relevant information to the union during collective bargaining and had unlawfully interfered with consumer handbilling outside its stores. Great Atlantic & Pacific Tea Co., d/b/a Waldbaum's, Case Nos. 29-CA-29008, et al., 2009 NLRB LEXIS 166 (May 27, 2009).
One Stop Kosher Supermarket, Inc.: the Board affirmed the Administrative Law Judge's decision ordering the employer to recognize and bargain with the union. Prior to the Board's final determination, the federal court had issued a 10(j) injunction against the employer in Blyer v. One Stop Kosher Supermarket, Inc., 720 F. Supp. 2d 221 (2010). One Stop Kosher Supermarket, Inc., Case No. 29-CA-29865, 355 NLRB 1237 (2010).
Paulsen v. Calhoun Foods, LLC, d/b/a Key Food: the federal court issued a 10(j) injunction requiring the employer to recognize and bargain with the union and to refrain from interrogating or otherwise interfering with employees' Section 7 rights, pending the NLRB's final determination of the case in Calhoun Foods, LLC, d/b/a Key Food, Case Nos. 29-CA-30878 and 29-CA-30861 (May 8, 2012). Paulsen v. Calhoun Foods, LLC, d/b/a Key Food No. 12 Civ. 931 (CBA), 2012 U.S. Dist. LEXIS 58045 (Apr. 24, 2012).
Allied Aviation Service Company of New Jersey: the Regional Director ordered an election after accepting the union's position that employees with supervisory titles were not, in fact, statutory supervisors. In particular, the Regional Director found that these employees lacked disciplinary authority. Allied Aviation Service Company of New Jersey, Case No. 22-RC-077044 (May 7, 2012).