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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. |