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Requirement to use union labor. Is it legal? Repairs, Maintenance

Discussion in 'Commercial Landlord & Tenant Issues' started by Yevgeniy, Sep 15, 2016.

  1. Yevgeniy

    Yevgeniy Law Topic Starter Guest

    Jurisdiction:
    California
    Hi,

    Is it legal for a landlord for a commercial space to require a tenant to use unionized labor for tenant improvements?
     
  2. army judge

    army judge Super Moderator

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    Probably not a legal issue, as I don't know of any state which requires a person/entity to hire union labor.

    Laws do address licensed contractors, not unionized contractors.

    Read your lease. The LL might be relying on the lease to demand you hire unionized labor. That might be a legal issue.

    I'd visit a couple local attorneys, take a copy of your lease, state your problem, see what solutions might exist.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    I agree with Army Judge. This may be more a matter of what's in your lease than any law.

    If you signed a contract that says you use union labor then that's what you agreed to do and you are bound by it.

    If your lease doesn't require that you use union labor you don't have to.

    However, if your tenant improvements require the landlord's approval and he is withholding approval contingent on you agreeing to use union labor that's probably something you can take to court and win on.

    Consult an attorney and have your lease and situation reviewed. After all, you are a "businessman" and businessmen should have lawyers available to give them legal advice and not rely on strangers on the internet.
     
  4. yzebrov

    yzebrov New Member

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    We don't have an agreement yet. I am considering if I should lease the space.That is one of their requirements that they told me about. I'm wandering if they can do that..
     
  5. army judge

    army judge Super Moderator

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    Anytime I have misgivings, or second thoughts about any deal, I politely walk away.

    Our economy is founded upon capitalism and competition.

    I, like others have my political, religious, and social beliefs.

    However, when profit and money are involved, I'm driven by one thing only, entrepreneurship.

    If I were sitting in your seat, I'd excuse myself and simply walk away.

    The removes any misgivings, hard feelings, and legal difficulties.

    It's much easier to walk away before you find yourself stuck in a bad deal that you had misgivings about from the outset.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    If you know about it in advance and you sign a contract that includes it, then you are bound by it and it's legal. So, yes, they CAN do that.

    It's up to you to say yes or no. You have the option to walk away from the deal and find someplace else that doesn't have that requirement.
     

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