Executive Council Statement | Labor Law

Law Firm's Dual Unionism

Boston, MA 

Decertification challenges to bargaining units represented by affiliated unions are mounted with the support and, in some cases, led by law firms with connections to the labor movement. This is the contemporary form of dual unionism.

Dual organizations depend on labor lawyers to guide them through the procedural steps to challenge a labor union and on other sources related to the labor movement to finance their campaigns. Thus, resources created and nurtured by the labor movement are turned against it.

To combat the use of resources derived from the labor movement, labor bodies have established policies proscribing the support of dual organizations by entities supported by or allied with the labor movement. For example, the Oregon AFL-CIO has a "Do Not Patronize" policy, and has identified particular law firms and vendors and placed them on the Do Not Patronize list for giving support to dual organizations.

Recognizing that decertification challenges against sizable bargaining units have emerged recently in several sectors, the Executive Council reasserts its policy against dual unionism.

Further, the Council adopts as its Do Not Patronize policy the principle that affiliates should discontinue relationships with any vendor or law firm that provides material support to dual organizations challenging representation rights of affiliated unions.