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October 2007
Ninth Circuit Rejects Painters Union’s Attempt To Organize Employers Through Commonly Employed Language In Master Labor Agreements
Charles S. Birenbaum
This article appeared in the October 2007 issue of Mealey's Litigation Report: Employment Law, Vol. 4, #3, and is reprinted here with the publisher's permission.

Organized labor has searched for methods to organize workers “top-down” through means such as legislation, regulatory proceedings, and restrictive labor contract provisions. Top-down organizing is prevalent in the construction industry, where Section 8(f) of the National Labor Relations Act allows employers primarily engaged in construction and unions to agree to union representation without having an employee vote.
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