In a ruling that may affect many industries, a three-member panel of the National Labor Relations Board (NLRB) has held that a group of subcontracted janitors in San Francisco were justifiably fired after engaging in secondary picketing at the building where they worked. Preferred Building Services, Inc., 366 NLRB No. 159 (Aug. 28, 2018). The Board ruled the employees engaged in conduct unprotected by the National Labor Relations Act (NLRA) when they urged the building’s tenants to “take responsibility” and help improve the janitors’ working conditions. The Board said the workers essentially were pressuring the building to cease doing business with their employer.
The janitors worked for Ortiz Janitorial Services (OJS). OJS had a contract with Preferred Building Services, Inc. Preferred contracted with building management companies in the San Francisco Bay Area to provide janitorial services, and it often fulfilled its obligations by subcontracting work to various other entities, including OJS. In fall of 2014, building management company Harvest Properties contracted with Preferred to service one of Harvest’s buildings. Preferred, in turn, subcontracted the work to OJS.
More at source: Lexology
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