Legal Question in Employment Law in Florida

Union vs.NLRB

The NLRB has stated that (we) a Union in the State of Florida that is a right to work state cannot issue Union calls to Union cardholders before non-cardholders in this state due to the procedures that this Union is distributing the work. We are an exclusive barganing agent to over 100 companies at this time and work is distributed by seniority statis on a daily basis. We are wanting cardholders to receive the calls first like all other Unions in Florida but are being told we would be sued immediately if we do this. What are the answers that we are in need of to achieve this goal.


Asked on 12/06/02, 4:24 pm

1 Answer from Attorneys

Keith Stern Shavitz Law Group

Re: Union vs.NLRB

If the NLRB has advised you NOT to take this action, then it is most likely accurate that any such action would violate the NLRA--which has nothing to do with Florida law. Accordingly, one option might be to file a declaratory action in federal court to ascertain your rights from a U.S. District Court judge.

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Answered on 12/07/02, 5:10 pm


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