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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 Arbitration/Job Posting (Arb.)

Transdev Services, Inc. didn’t violate the collective bargaining agreement or the National Labor Relations Act, when it created and posted an auxiliary supervisor position without giving the union prior notice, Arbitrator Richard Horn ruled. Transdev Services, Inc., 2025 BNA LA 53, Arb., FMCS No. 250118-02815, R. Horn, 8/25/25

Case: Labor Relations/Interference (4th Cir.)

The Fourth Circuit enforced the NLRB’s unfair labor practice finding that Constellis had unlawfully discharged an employee for engaging in protected concerted activity, in violation of federal labor law. NLRB v. Constellis, LLC, 2025 BL 428784, 4th Cir., 23-1861, 12/1/25

Case: Labor Relations/Refusal to Bargain (6th Cir.)

The Sixth Circuit held Rieth-Riley Construction in contempt for failing to comply with the court’s enforcement judgment of an NLRB unfair labor practice finding where the union’s request for information related to its representation duties was denied or not fully granted by the company. Rieth-Riley Constr. Co. v. NLRB, 2025 BL 427620, 6th Cir., 23-1899/1946, 11/26/25