When we think of the tools available to unions in waging
campaigns against employers, we typically think of behavior such as
picketing, handbilling, and strikes. While these traditional
tactics certainly are still used, sometimes quite effectively,
unions are discovering new ways to pursue their goals. A recent
case from the United States Court of Appeals for the Sixth Circuit
(which covers Kentucky, Michigan, Ohio, and Tennessee) illustrates
a novel tactic used by a union, and how the employer in that case
sought to counter it.
Roberto Baltierra was a member of a construction crew employed
by Pulte Homes. In September 2009, Pulte discharged Mr. Baltierra,
for the stated reasons of misconduct and poor performance. A union,
the Laborers' International Union of North America
("LIUNA" or "the Union"), contended that Pulte
actually discharged Mr. Baltierra because he wore a LIUNA t-shirt
to work. (In one of the more interesting aspects of this case,
LIUNA did not
