Labor Law

  Traditional Labor Law is a very specialized area of practice that few attorneys in today’s market-place practice on a daily, or even weekly, basis. The firm is able to provide clients with the rare combination of expertise, up-to-date knowledge of the field’s “players”, legal trends, and cost-effectiveness.

  This area of practice serves clients that are not yet under an obligation to bargain with a labor union, as well as clients that are obligated to bargain with a labor union or that have Collective Bargaining Agreements. Clients who do not have an obligation to bargain with a labor union are advised and represented during union organizing and / or election campaigns and / or NLRB investigations, trials, and appeals. Clients who are obligated to bargain with a labor organization are assisted with contract negotiations, arbitration / contract administration, and/or National Labor Relations Board (NLRB) investigations, trials and/or appeals.

Union Organizing Campaign

  Over the years, several unions have developed and implemented training programs designed to educate and instruct union members in the specific provisions of the National Labor Relations Act (NLRA). Along with this education, union members are taught the procedures for utilizing the NLRB to “organize” employees of non-union companies. Many tactics are utilized during a union organizing campaign to try to organize the company’s employees. This law firm has extensive recent experience in handling legal matters associated with these campaigns.
 

Union Election Campaign

  A union may file a Petition for an Election, enabling employees to vote in a secret ballot election to decide if employees of the company will be represented by the union. Once this has occurred, a company is limited by NLRB law in its “campaign” options. This law firm has the expertise to successfully assist companies in utilizing legal methods to defeat a union election, while avoiding the numerous legal pitfalls that exist.

NLRB Investigations

  When a Charge with the NLRB is filed by a labor organization or an individual, an employer is faced with unfamiliar terminology and phrases, foreign procedures, and often unusual requirements and practices of a large governmental agency. Confidential company information may be demanded and supervisors and / or owners of the company may be asked to submit to questioning and to provide sworn affidavits about events that occurred several months prior.

  The NLRB investigation of a Charge may be only the first stage of a lengthy and expensive process. However, it can, and often should, be the first and last step. The manner in which an investigation is handled by counsel could mean the difference between years of litigation and hundreds of thousands of dollars, or mere weeks of minor inconveniences associated with the investigation. This firm is well versed in the law (NLRA) and knowledgeable about the processes and procedures utilized by the NLRB during an investigation. This combination of expertise, along with the recency of this experience, results in your company receiving the best possible advice and representation.

NLRB Trials

  Unfortunately, sometimes the investigation of a Charge results in the issuance of a Complaint. When this occurs, the company must either settle the case or proceed to trial before an Administrative Law Judge (ALJ). Once again, a company will be faced with the unfamiliar and sometimes frustrating world of an NLRB trial. During these times, it is essential that the company is able to rely upon a firm that possesses the experience and knowledge necessary to handle the peculiarities of an NLRB trial. The firm has successfully handled numerous NLRB trials before ALJs and possesses the recent experience essential to ensuring the best possible results, while preparing a record for the next level, NLRB appeals.

NLRB Appeals

  In the event that an ALJ does not find in favor of the company, the next “step” in the process is to appeal the case to the NLRB in Washington, D.C. through Exceptions to the ALJ’s Decision and Order. The next level of appeal is the Federal Circuit Court of Appeals. The final level is the United States Supreme Court. This firm is prepared to appeal decisions, or respond to appeals, at every level, in order to ensure the best possible outcome.

Contract Negotiations

  The firm is experienced in negotiating collective bargaining agreements (CBA) with labor unions. Clients can decide at what level the firm will assist; from preparing proposals, to actually negotiating with the union, to reviewing the final proposed contract. Depending on the skill and knowledge of a client’s in-house labor relations personnel, and the legal complexities of the situation, the client may require our services in all aspects of contract negotiations, or the client may only desire periodic guidance. We are willing and able to assist in whatever capacity is needed or desired.

Contract Administration / Arbitration

  A CBA generally defines the rights and obligations of a Company, its employees, and the union. Once a CBA has been negotiated and approved, these general definitions are frequently tested by situations that do not fit squarely within the language in the Agreement. The firm is able to provide guidance based upon current legal principles and precedents so as to enable a company to conduct its business in an efficient and productive manner within the confines of the CBA.
When a situation arises that is not handled to the satisfaction of an employee or the union and a grievance is filed, this firm is well qualified to handle the arbitration of grievances, from researching and selecting the arbitrator, to presenting evidence and arguing arbitration precedents.

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