NLRB Office of General Counsel finds NY bus strike not unlawful

NLRB
February 01, 2013

The NLRB Office of General Counsel has found that a strike by union bus operators against a group of New York school bus companies does not violate the National Labor Relations Act because the union has a primary labor dispute with the employers.

In a charge filed with the NLRB Brooklyn office on January 16, the group of 20 bus companies alleged that a strike called by Local 1181-1061 of the Amalgamated Transit Union was unlawful because the union's primary dispute was with the New York Department of Education, which contracts with the bus companies for service to area schools. The NLRA prohibits unions from striking secondary employers in order to pressure the employer with whom they have a dispute.

In an Advice Memorandum issued today, however, the Office of General Counsel found that the bus companies, which maintained collective bargaining agreements with the union for many years before they expired in December, are primary employers in the labor dispute, along with the Department of Education. "It is well established that more than one employer may be a primary employer" under the NLRA, the memo explained.

Accordingly, the Regional Office will dismiss the charge alleging an illegal secondary strike.

Get Advice Join TDU Donate

Recent News

Union Membership Steady for 2019 at 16.4 million

That represents a slight decline in percentage of unionization, according the comprehensive annual report. The union advantage remains strong: "Union members had median usual weekly earnings of $1,095 in 2019, while those who were not union members had median weekly earnings of $892" That's $10,556 per year. Read the report.

'How this African American UPS worker challenged powerful union leaders in Philly, and won.'

by Juliana Feliciano Reyes, January 22, The Philadelphia Inquirer

"Around the country, rank and file union activists — from teachers to journalists to warehouse workers — have challenged the establishment, who they say is too complacent, too cozy with management, to fight for workers and keep corporations in check."

View More News Posts