AALRR Secures a Major Win in Colorado Fire Sprinkler Inc. v. NLRB

06.11.2018

On June 8, AALRR partner Thomas Lenz had a huge win for a Colorado client when the D.C. Circuit reversed a National Labor Relations Board (NLRB) decision barring a construction industry contractor from withdrawing recognition of a labor union.

The ruling rejected an NLRB unfair labor practice ruling involving the issue of whether a construction industry bargaining relationship had transitioned from a Section 8(f) pre-hire relationship into a majority-based relationship under Section 9(a) of the National Labor Relation s Act. Fundamental to the ruling are concepts of employee choice and the Nova Plumbing ruling, which the firm previously litigated and won in the D.C. Circuit over a decade ago.

After the NLRB issued a complaint, Mr. Lenz tried the case in Pueblo, Colorado. After a partial victory at trial, it was appealed to NLRB headquarters. The NLRB panel ruled in favor of the Union at all counts. AALRR then sought review in the D.C. Circuit, leading to this favorable ruling.

Mr. Lenz, along with partner Brent Garrett, handled the case on appeal. Mr. Lenz spoke to several publications, including Law360 and Bloomberg, about the ruling. Both publications covered the case in full. As quoted in Law360, Mr. Lenz states, "We feel that the court saw through what the NLRB and the union were advocating, trying to end-run the rules of construction labor law with a lack of evidence of employee support."

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About Atkinson, Andelson, Loya, Ruud & Romo

With over 35 years of unwavering commitment to client service, AALRR is one of California’s leading law firms. Our diverse team brings a seasoned perspective to California’s complex legal landscape for public and private entities, with particular strength in the areas of education, labor and employment, construction, complex litigation, corporate, taxation, and white collar law. Our public sector clients include more than 400 K-12 school districts, community college districts and universities, as well as cities, counties and special districts. We also represent diverse business entities, from small, family-run businesses to publicly traded corporations. At 185 lawyers and growing, AALRR has nine offices in Cerritos, Fresno, Irvine, Marin, Pasadena, Pleasanton, Riverside, Sacramento and San Diego to serve our clients throughout California. For more information about AALRR, visit our website at www.aalrr.com and sign up for our blogs, EdLawConnect, CA Public Pensions Law, Business Law Journal, Labor & Employment Law, and Labor Relations Law.

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