Kane Kessler Successfully Represents Client in Union Campaign

Kane Kessler successfully represented a hospitality industry client in defeating a complex unionization campaign led by an independent union.  On October 11, 2022, an independent union, with support from faculty at an educational institution, filed a Representation Petition with Region 29 of the National Labor Relations Board (“NLRB”) seeking to unionize all non-supervisory employees of the company.  The union engaged in a media blitz of misinformation, including tik tok videos, Instagram posts and articles in mainstream community news outlets.  Additionally, the union levelled intense pressure on co-workers.

Kane Kessler’s labor team devised a detailed strategy to combat the misinformation campaign.  The firm advised and guided the employer through navigating the daily operations of the business during the campaign, educating the workforce about the risks and benefits of unionization and filing unfair labor practices charges against union leaders based on their misinformation campaign.  After an intensive campaign, the union lost the support of many bargaining unit workers and withdrew their petition on the eve of the ballot count.  As a result, the NLRB declared a one-year bar for any union to file a petition for representation.

The client was represented by Jeffrey Douglas who is a Partner and Co-Chair of Kane Kessler’s Labor and Employment Practice Group.  Kane Kessler represents management in a wide-range of labor and employment matters including all aspects of labor-management relations.