What is a double breasted contractor?
Posted in Construction Labor Law, Unions. The terms “double breasted” or “dual shop” contractor refers two construction firms often sharing common ownership one of which is a signatory to a collective bargain agreement (the union firm) and the other that is not (the open shop firm).
What is double breasting in the labor law context?
noun. the practice of employing nonunion workers, especially in a separate division, to supplement the work of higher-paid union workers.
Can a company be both union and nonunion?
Although we use the term “dual shop”, it is a misleading name. In reality, a contractor who wants to have nonunion and union operations has to set up two distinct companies. When you set up a dual shop, make sure the two corporations have “separate employer status” under the national labor relations laws.
What is the ally doctrine?
The ally doctrine refers to the situation when a employer subject to a strike effectively uses the employees of a neutral employer as strike breakers. Courts have generally found that in these situations the secondary employer is not neutral, but someone who has become involved in the primary dispute.
What makes a company a double breasted company?
Factors such as common ownership, premises, management and control over labor relations and daily activities are relevant to the determination of whether two companies are double breasted, joint employers, or alter egos.
When do you know about double breasted operations?
An employer is required to disclose information regarding possible double-breasted operations if: 1) the union has a reasonable basis for suspecting the employer is diverting bargaining unit work, and 2) there is a reasonable basis for believing that this information will be helpful to collective bargaining efforts.
Who is the best lawyer for double breasted operations?
Contact Austin Legal for guidance on how to set up a legal double breasted operation. Matt Austin is a Columbus, Ohio employment lawyer who owns Austin Legal, LLC, a boutique law firm with offices in central and northeast Ohio that limits its representation to employers dealing with labor, employment, and OSHA matters.