Thanks for the posts. I guess I was looking into the liability of the contractor to the union. I know there are spilt shops all over just wanted to pick your brains...
the liability is that a signatory contractor has agreed to make the union the sole source of it's labor
for job descriptions covered under the working agreement that is signed by both parties.
the only reason they go outside that, is if the union cannot provide qualified personnel. sometimes
that happens, with a technical job description....
now, many signatory contractors have non signatory divisions, working under a separate corporate charter
and different contracting license. they may occupy the same physical location, and use common tools and
equipment, and where it gets sticky, is when said contractor tries to do the install with labor sourced from
outside the union referral process.
a state with "right to work" doesn't mean a corporation has the right to abrogate their signed agreement.
they entered into a contract, contract law applies unless it violates a federal or state statute.
anyone can hire anybody they want... they just can't use them to install work covered by the working
agreement that they signed, unless they hired them in compliance with that working agreement.
on the other side of that coin, there are individuals who have successfully challenged a unions dispatch
procedure, and forced a union to dispatch them to jobsites, under standard dispatch rules that are a
part of that union's charter, without becoming members of that union.
and if you thought your original question could get ugly, you haven't seen *anything* till you see that happen.
at least, i heard that from somebody who knew somebody who saw that.