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Spring 2010
The Evolution of Construction Union Greenmail: Legal and Political Developments, Adverse Consequences, and Combat Tips
Charles S. Birenbaum
Reprinted with permission from the Spring 2010 issue of the Employee Relations Law Journal.

For approximately two decades, the “corporate campaign” has become an effective way for organized labor to coerce employers into recognizing a union as the exclusive representative of its workers. Rather than target an employer’s employees, a union corporate campaign starts at the top: it involves an analysis of a company’s power structure so as to identify and exploit vulnerabilities in that company’s critical stakeholder relationships. “Greenmail”—a spin on the term “blackmail” under environmental law—is one aspect of this top-down format that achieves union organizing objectives by persuading employers, rather than employees, to recognize a union as its employees’ exclusive representative.
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