Abstract
The recent case of National Labor Relations Board v. HSA Cleaning, Inc., Civil Action No. 23‐2994 (D.N.J. July 6, 2023), demonstrates how legal compliance during union campaigns is an inexact science. In HSA, it was alleged that in March 2022, the cleaning contractor's employee, Luis Varela, spoke as a representative of coworkers to voice management concerns about, among other things, mistreatment by management and threats of termination. A few months later, union representatives met with Varela and others in an organizing effort. Thereafter, Varela became more involved in organizing activities, including discussion about circulating a petition to gather employee support for union representation.
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