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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/Discharge (Arb.)

Arbitrator Thadd A. Gnocchi denied the union’s grievance, ruling that BWXT Nuclear Operations Group, Inc. had just cause to terminate a confined space attendant for failing to order evacuation and tampering with an air monitor during a hazardous incident. BWXT Nuclear Operations Group, Inc., 2026 BNA LA 13, Arb., FMCS Case No. 250421-05532, T. Gnocchi, 2/11/26

Case: Labor Arbitration/Discharge (Arb.)

Arbitrator Cary Morgen ruled that ATI Ladish Forging, LLC lacked just cause to terminate a millwright apprentice because the company had already disciplined the grievant for submitting falsified time records when it canceled his apprenticeship and demoted him. ATI Ladish Forging, LLC, 2025 BNA LA 422, Arb., FMCS No. XXXX -XXX31, C. Morgen, 12/17/25

Case: Labor Arbitration/Premium Pay (Arb.)

Nouryon Surface Chemistry LLC properly paid 12-hour shift employees straight-time, overtime, and double-time rates per the CBA’s anti-pyramiding provision, and didn’t violate the agreement, Arbitrator Richard Van Kalker held. Nouryon Surface Chemistry LLC, 2026 BNA LA 15, Arb., 250912-09605, R. Van kalker, 4/17/26