Marks, Finch, Thornton & Baird, LLP (858) 737-3100
Mark T. Bennett, Attorney
Mark T. Bennett is a shareholder of Merrill, Schultz & Bennett, Ltd., Of Counsel to Marks, Finch, Thornton & Baird, LLP. Mr. Bennett represents employers on a wide range of labor and employment issues including: unfair business practices; wage and hour; prevailing wage; union organizing; National Labor Relations Board election proceedings; secondary boycott proceedings in federal court and before the National Labor Relations Board; arbitration; withdrawal liability; and civil rights, wrongful termination, and class action litigation. In addition, Mr. Bennett is a former professor of Labor Law at the National University School of Law, and is currently a contributing editor of The Developing Labor Law, published by the ABA. His published cases include NLRB v. C.E. Wylie Construction Co., 934 F.2d 234 (9th Cir. 1991), and Fleming v. Carpenters/Contractors Cooperation Committee, Inc., 834 F.Supp. 323 (So. Dist. Cal. 1993). Mr. Bennett also provides seminars to clients and industry organizations on topics concerning labor and employment.
Mr. Bennett is admitted to practice before all California state courts, all of the United States District Courts of California, the United States District Court of Colorado, the United States Court of Appeals for the First, Third, Ninth, and District of Columbia Circuits, and the United States Supreme Court. He is a member of the Labor and Employment Law section of the California Bar. Mr. Bennett received his Bachelor of Science degree, magna cum laude, from the University of Maine, and his juris doctor from the University of Miami, Florida. Mr. Bennett received Martindale-Hubbell’s highest rating, A.V., in recognition of his high level of skill and integrity.
Representative Experience
Plasterers', Local 200 (Standard Drywall, Inc.) 357 NLRB No. 160
2011: The firm successfully argued to the National Labor Relations Board that two state-court lawsuits and two arbitration decisions against our client violated the National Labor Relations Act because the lawsuits and the arbitration decisions sought to force the client to reassign plastering work from the client’s Carpenter-represented employees. The National Labor Relations Board agreed that the client should recover its attorneys’ fees in defending against the lawsuits and in defending against the arbitration awards.
Sodexo America, LLC, JD(SF)-08-11 (April 9, 2011) National Labor Relations Board Case Nos. 21-CA-39086, 21-CA-39109, 21-CA-39328, 21-CA-39404
2011: The firm’s client was charged by the National Labor Relations Board with unlawfully enforcing a policy that prohibited off-duty employees from returning to the workplace when they were not on duty. The NLRB alleged the policy violated the off-duty employees’ right to engage in union activity. Based on the firm’s argument at the hearing that the policy had a valid basis, the Administrative Law Judge dismissed the complaint.
Small v. Operative Plasterers’ and Cement Masons’ International Association, Local 200 Appeal Nos. 08-56668 and 08-56942 (9th Cir. 2009)
2009: At the firm’s request, the NLRB obtained an injunction against Plasterers’ Local 200 under section 10(l) of the National Labor Relations Act. The injunction specifically enjoined Local 200 from prosecuting two state-court lawsuits. The state-court lawsuits sought millions of dollars in damages because the firm’s client assigned plastering work to employees who were represented by the Carpenters’ union. The Ninth Circuit rejected Local 200’s argument that the injunction violated the First Amendment.
Standard Drywall, Inc. v. Operative Plasterers’ and Cement Masons’ International Association, Local 200 Case No. EDCV 09-0115 (C.D. Cal. 2009)
2009: This case involved work under a PLA that the firm’s client performed on a public works project. The AFL-CIO’s Plan for the Settlement of Jurisdictional Disputes in the Construction Industry issued an arbitration award against the firm’s client. The Federal Court granted the firm’s motion for summary judgment to vacate the Plan award. The Federal Court agreed with the firm that the Plan award violated public policy.
Plasterers, Local 200 (Standard Drywall, Inc.) National Labor Relations Board Case No. 21-CD-659
2008: Local 200 of the Plasterers’ union filed two state court lawsuits against the firm’s client, which was signed to a collective-bargaining agreement with the Carpenters’ union. Local 200’s lawsuits sought injunctive relief, compensatory damages, punitive damages, and restitution. Unfair labor practice charges were filed against Local 200 under section 8(b)(4)(D) of the National Labor Relations Act. The charges alleged the real motive behind the lawsuits was to force a reassignment of plastering work to Local 200’s members instead of continuing to assign that work to employees represented by the Carpenters’ union. A National Labor Relations Board administrative law judge agreed. He ordered the lawsuits be dropped and that the firm’s client be reimbursed for its attorneys’ fees.
Southwest Regional Council of Carpenters (Standard Drywall, Inc. ) 348 NLRB No. 87
2006: This case involved a proceeding under section 10(k) of the National Labor Relations Act. The firm successfully defended the client’s right to assign plastering work on all Southern California public works projects to employees represented by the Carpenters union instead of to employees represented by the Plasterers union. The National Labor Relations Board agreed with the firm that the client did not have to submit the work assignment issue to the AFL-CIO’s Plan for Resolution of Jurisdictional Disputes.
Southwest Regional Council of Carpenters (Standard Drywall, Inc.) 346 NLRB No. 48
2006: Two day National Labor Relations Board hearing in which the firm successfully defended its client’s right to assign plastering work to employees represented by the Carpenters' union instead of to employees represented by the Plasterers’ union. The Plasterers’ union’s state court lawsuit was deemed to be a claim to the plastering work.
