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Construction Labor Law
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Through his experience in the construction industry, Wally has developed a niche labor law practice.  The American Federation for Teachers decries Wally as “a destructive force.”  In 2015, he spearheaded a successful effort to have NLRB Region 4 Director, Dennis Walsh, suspended for violating federal law.  He is frequently sought by the media to comment on labor related issues and has appeared in the Wall Street Journal, Boston Globe, Philadelphia Business Journal, and CBS News.

 

Wally has served as counsel on countless labor disputes. He counsels and consults with clients on union organizing campaigns, union grievance actions, collective bargaining negotiations, double breasting issues, and project labor agreements. He assists clients in opening projects blocked by union picket lines and the infamous union rat.  Among the clients that Wally represents is the largest merit shop real estate developer in the City of Philadelphia. He refuses to accept the status quo and ferociously defend his clients’ right to use their workforce of their choice.  Notable labor related cases that Wally has argued include:

 

Associated Builders and Contractors of Western Pennsylvania, et. al. v. County of Westmoreland (W.D.Pa. ) Lead plaintiffs counsel in action seeking to declare County of Westmoreland’s project labor agreement unconstitutional.

 

Road-Con, Inc., et. al. v. City of Philadelphia, et. al. (E.D.Pa. No. 2:19-cv-01667)  Lead plaintiffs counsel in action seeking to declare the City of Philadelphia’s project labor agreement unconstitutional and in violation of the competitive bid laws of the Commonwealth of Pennsylvania and City of Philadelphia.

 

Smith v. NJEA, et. al.  (D.NJ. No. 1:18-cv-10381) Plaintiffs’ counsel in action seeking class certification on behalf of group of New Jersey teachers who were compelled to pay union dues in violation of there First Amendment rights and injunctive relief against the State of New Jersey declaring the Work Democracy Enhancement Act Unconstitutional.

 

LaSpina v. SEIU Pennsylvania State Council, et. al. (M.D.Pa. No. 3:18-cv-02018)  Plaintiffs’ counsel in action seeking class certification against Service Employees International Union (“SEIU”) for violating the First Amendment rights of individuals that did not wish to maintain union membership nor financial support for SEIU through forced payment of union dues.

 

International Brotherhood of Electrical Workers and Shree Sai Siddhi Spruce, LLC (NLRB Case No. 04-CC-223346) Counsel to charging party in case prosecuted by the NLRB where IBEW Local 98 was found to have violated the secondary boycott provisions of Section 8(b) of the National Labor Relations Act, for using a loud bullhorn.

 

United Building Trades Council of Southern NJ, AFL-CIO (NLRB 04-CE-219912):  In 2018, Wally filed an unfair labor practice charge that invalidated a Project Labor Agreement (PLA) that applied to dozens of projects.  The dispute resulted in a settlement agreement that permitted his client to work on the projects subject to the PLA without having to either sign the PLA or recognize the signatory union as the representative of its employees.

 

Electrical Workers Local 98 (University Realty Apartments)(NLRB No. 04-CC-119179).  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.

 

Carpenters Health & Welfare Fund of Philadelphia and Vicinity v. Management Resource Systems, Inc., 2015 WL 2395152 (E.D.Pa. 2015).  Defeated, on Rule 12(b)(6) motion to dismiss, a union benefit funds claim that a contractor was bound to a collective bargaining agreement by virtue of a letter of assent it had signed twenty-years earlier.

 

Shree Sai Siddhi Spruce, LLC v. Laborers District Council, et. al., Phila.CCP. No. 151103121.  Preliminary injunction obtained against Laborers District Council and Bricklayers and Allied Craftworkers Local 1 prohibiting blockage of construction project gates and limited the time, place, and manner of the picketing.

 

CRV Precast Construction, LLC v. Local Union 40 of the International Association of Bridge, Structural, and Ornamental Ironworkers,  Federal Court, District of New Jersey, No. 15-BK-02471.  Complaint brought under 29 U.S.C. Section 157 against various Ironworkers Union local for illegal secondary activity.  Case resulted in unions dismissal of millions of dollars of claims submitted in a bankruptcy proceeding.

 

Defending Students at the University of Pennsylvania.  In 2017, Wally served as counsel to a group of over 500 University of Pennsylvania graduate students opposed to the unionization of graduate students. The case subjected him to vicious attacks from the American Federation of Teachers.  The AFT subsequently withdrew the petition for election.