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New York Construction Law Blog

You can choose between union and open shop construction staff

Posted by Karl Silverberg | Dec 14, 2020 | 0 Comments

Many companies in the construction industry in New York feel like there is no choice but to hire union workers. Cooperating with a union can be beneficial for your business. It can give you access to a large pool of talent and help you earn a reputation as an ethical company and a good place to work. 

However, unions can also cause plenty of complications for business owners and executives. A union might go to bat to try to protect the job of a worker you found stealing or who showed up to the job under the influence of drugs. The union might also organize a strike and even picket your construction projects if you try to stop your next project with non-union workers.  However, you still have the right to make your own decisions about who to hire.

You can hire open shop workers, but you can't prevent unionization

When you hire someone who does not have an affiliation with a union, you hire an open shop worker. While some of the best talents in the construction industry will come from trade unions, there are plenty of skilled and experienced workers not currently affiliated with a union. 

If you do make the choice to hire non-unionized staff, it's important that you understand you cannot prevent your employees from discussing joining or starting a union in the future. 

If you want to get away from hiring union workers or if you think that's your non-union staff may soon try to start a union, you might want to consult with an attorney familiar with employment law in the construction industry. That's the best way to ensure you protect your business without violating the law or your workers' rights. 

About the Author

Karl Silverberg

Karl Silverberg Contact Me: (631) 778-6077 Email me Practice Areas: Construction Law Biography Prior to law school, Mr. Silverberg worked as a professional engineer, and has eight years of experience working as a structural engineer on public sector transportation projects. Mr. Silver...


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