Cases & Deals

Levy Company wins summary judgment in collective bargaining agreement dispute with union

Clients Edw. C. Levy Co.

Jones Day represented The Levy Company, d/b/a The Levy Company, Levy Indiana Slag Co. and Edw. C. Levy Company, Inc. (and Staff Source, LLC), in an unfair labor practice dispute. After employees of The Levy Company initiated an economic strike, employees at sister companies Levy Indiana Slag Co. and Edw. C. Levy Company, Inc. also engaged in a work stoppage, all breaching the "no strike" clauses in the applicable collective bargaining agreements. ECL and LISCO filed federal lawsuits, now consolidated, against the International Union of Operating Engineers, Local 150 (Union). Summary judgment was granted on the question of liability to ECL and LISCO, ruling that the Union breached the "no strike" clauses in the applicable collective bargaining agreements.

Since early 2005, the Union has filed approximately 50 unfair labor practice charges against the Levy companies. The Levy companies successfully defended the charges, and the NLRB has not issued a complaint against the Levy companies with respect to a single allegation. The NLRB have issued multiple favorable rulings, including that the Union represented employees of ECL and LISCO engaged in unlawful strikes in violation of "no strike" provisions in the applicable collective bargaining agreements, and that the strikers at TLC are engaged in an economic strike and are not on strike for unfair labor practices.

The Levy Co., Levy Indiana Slag Co. and Edw. C. Levy Company, Inc., National Labor Relations Board, Case Nos. 13-RD-2520, 13-RD-2522, 13-RC-21437, 13-UC-392, 13-UC-393, 25-RD-1490 (NLRB 2006) (collaterally, Staff Source LLC, Case No. 13-RC-21456)

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