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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: Labor Relations/Preliminary Injunction (E.D. Pa.)

A Pennsylvania federal court granted a preliminary injunction against New Vitae under Section 10(j) of the National Labor Relations Act on the claims of a group of unionized nurses that they were laid off and replaced with subcontracted nurses in order to chill their union activity. Andrews v. New Vitae, Inc., 2026 BL 24992, E.D. Pa., 25-4515, 1/27/26

Case: Labor Arbitration/Temporary Reassignment (Arb.)

Cook County Health and Hospitals didn’t violate the CBA when it refrained from using the Article 4.4 call-back procedure when reassigning an in-patient occupational therapist to out-patient status within the central campus to cover unexpected absences, Arbitrator Jeffrey B. Winton ruled. Cook County Health and Hospitals, 2025 BNA LA 97, Arb., J. Winton , 4/28/25

Case: Labor Arbitration/Discharge (Arb.)

Arbitrator Patricia L. Vannoy held that Alsco of Salt Lake City had just cause to discharge the grievant for dishonesty when he “settled” invoices without providing related services or obtaining the customer’s signature. Arbitrator Vannoy found the grievant had sufficient notice that violating a company policy regarding settling invoices improperly could result in immediate termination. Alsco of Salt Lake City, Utah, 2025 BNA LA 146, Arb., P. Vannoy, 5/27/25