Faced with a shrinking market share, construction trade unions have aggressively targeted developers utilizing non-union labor and non-union contractors.  Unions have also stepped up enforcement actions against union contractors for alleged irregularities in payment to fringe benefit funds.We have assisted our clients in opening projects blocked by union picket lines and the infamous union rat.  For our union contractor clients, we have defending them against claims that they failed to pay union fringe benefits to union health and welfare funds.  We refuse to accept the status quo and ferociously defend our clients’ economic rights to use a workforce of their choosing. We refuse to permit our clients to be threatened or coerced into accepting the status quo.  Our recent and notable cases include:

Defending a Grievance Action Brought by the Teamsters.  In April 2016, Wally Zimolong was engaged by a trucking company to defend it in a grievance action brought by the Teamsters Union.  The case had been pending for several months and an arbitration was scheduled with the Federal Mediation and Conciliation Service.  Within weeks of taking over the defense of the claim, the case settled on very favorable terms for his client.

Lawsuit for Breach of Collective Bargaining Agreement Against Roofers Union.  In April 2016, Wally Zimolong filed a complaint against Roofers Union Local 30 in Federal Court for breach of its collective bargaining agreement and violations of Section 303 of the Labor Management Relations Act. The counterclaim alleges that the Roofers Union intentional failed to supply a signatory contractor with workers from the union hall, falsely declared his client in default of his fringe benefit obligations, and destroyed property of the client in retaliation of his client standing up to the union.  The litigation is on going.

Lawsuit for Illegal Secondary Picketing Against Ironworkers Union.  In December 2015, Wally Zimolong filed a complaint in Federal Court against various local New York City chapters of the Ironworkers Union.  The complaint alleged that the Ironworkers illegal picketed various sites in the New York Metropolitan area, including engaging in a mass picket at a site in Manhattan that lead to the assault of his client’s employees.  After defeating the Union’s motion to dismiss the complaint, the underlying dispute soon settled.

Injunction Against Bricklayers Union.  In November 2015, Wally Zimolong filed a complaint on behalf of the owners of the Parker Spruce Hotel in Center City Philadelphia for injunctive relief against the Bricklayers Union and Laborers Union after representatives of both unions blocked access to the hotel.  Rather than defend the action the both unions agreed to a consent order that limits the location of their picketing and the number of picketers participating in the picketing.

Consent Order Against IBEW Local 98.  In December 2013, Wally Zimolong filed a charge with the National Labor Relations Board against the International Brotherhood of Electrical Workers, Local 98, on behalf of his client, an apartment developer.  Charges were filed after Local 98 representatives threatened the client with a race war if a Local 98 electrical contractor was not hired for the project.  Rather than defend the charges, Local 98 agreed to a consent order which prohibits Local 98 from engaging in illegal picketing on any of the client’s projects.  Since 2013, the client has not faced any threats from Local 98.