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  Company's RICO Case Can Proceed Against Union Waging Corporate Campaign, Judge Says.Jackson Lewis LLP - June 09, 2008 Refusing to dismiss a civil Racketeer Influenced and Corrupt Organizations Act ("RICO") suit against the United Food and Commercial Workers ("UFCW"), a federal judge in Virginia has held that the plaintiff company adequately alleged extortion and a "pattern of racketeering activities" in its complaint against the union and other defendants. Report Link Labor Board Ruling May Empower More Aggressive Pushback Against Union Corporate Campaign Tactics.Jackson Lewis LLP - October 12, 2007 Addressing a dispute that began 20 years ago, the National Labor Relations Board has issued a new standard for determining when employer legal action challenging union campaign tactics is lawful. Following a long trail of litigation, including a Supreme Court decision in 2002, in BE&K Construction Co., 351 N.L.R.B. No. 29 (Sept. 29, 2007), the Labor Board has held that "the filing and maintenance of a reasonably based lawsuit does not violate the [NLRA], regardless of whether the lawsuit is ongoing or completed, and regardless of the motive for initiating the lawsuit." This ruling may provide employers with additional tools for pushing back against union corporate campaign tactics through “reasonably based” legal recourse, such as allegations of labor law and antitrust violations, even if ultimately unsuccessful. Report Link National Labor Relations Board Voids Coerced Union Project Labor Agreement.Littler Mendelson, P.C. - September 11, 2007 The National Labor Relations Board (NLRB or "the Board") has released its decision in Glens Falls Building and Construction Trades Council (Indeck Energy Services, Inc.), 350 NLRB No. 42 (2007) that could have a profound effect in slowing the growing use by labor organizations of corporate campaigns to force construction project owners to accept the imposition of costly union-only project labor agreements on their projects.
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