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Union Busting: What Employers Can and Cannot Legally Do

High profile unionization efforts at companies like Amazon and Starbucks have drawn renewed interest in labor laws. In this video, we look at what’s legal and what isn't when a company's employees want to unionize.

In Brief

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Case: Health Care & Benefits/Plan Administration (S.D. Ind.)

An Indiana federal court granted summary judgment requiring HoosierVac to comply with a benefit fund audit under ERISA, finding the company contractually bound through its labor contract to permit auditing of its records. Mid Cent. Operating Eng’rs Health v. Hoosiervac LLC, 2026 BL 94575, S.D. Ind., 2:24-cv-00326-JPH-MJD, 3/19/26

Case: Labor Relations/Bargaining Unit (S.D.N.Y.)

A New York federal court denied Compass Group’s motion to compel arbitration, ruling that an agreement with a unionized barista violated the NLRA by circumventing the union’s exclusive bargaining authority. Mercedez v. Compass Grp. USA, Inc., 2026 BL 96991, S.D.N.Y., 25 Civ. 942 (GS), 3/20/26

Case: Labor Relations/First Amendment (D.R.I.)

A Rhode Island federal court granted unions’ preliminary injunction against the VA, finding likely success on claims that termination of their collective bargaining agreement was retaliatory and violated administrative law. AFGE Loc. 2305 v. VA, 2026 BL 85907, D.R.I., C.A. No. 25-cv-583-MRD-PAS, 3/13/26