We wrote earlier about the RICO lawsuit filed by Smithfield over aggressive corporate campaign tactics by the United Food and Commercial Workers International Union (UFCW). We’ve noticed a few other, similar lawsuits filed since then and have been meaning to write an article about this potential trend. CCH HR MANAGEMENT beat us to the punch with an article published today entitled: “In court actions, employers fight back against union corporate campaigns.” The article points to cases filed by DHL, Cintas, Sutter Health, and others.

CCH also makes note of the Board’s September 29, 2007 decision in BE & K Construction Co. , which held that “ the filing and maintenance of a reasonably based lawsuit” does not unlawfully retaliate against a union for engaging in protected activity, and opines that it “ will no doubt further encourage employers to consider adopting an aggressive litigation strategy to fend off a corporate campaign.”

There were, of course, two dissenting votes in the BE & K Construction case. These lawsuits are definitely a trend worth watching, but, a change in the Board’s composition could make it a short-lived trend.