Home | Practice Areas | Labor (NLRB, Collective Bargaining, and Union Campaigns)

Members of the Traditional Labor group bring nearly 100 years of practice in all phases of labor law. In Union organizing drives, we have handled both the campaign issues and the representation issues before the National Labor Relations Board to determine election eligibility and what constitutes an appropriate bargaining unit for the election, if any.

Our group also brings significant experience in collective bargaining and meets and confers with both public and private sector employers. We have an understanding of the obligations to meet and bargain in good faith under the National Labor Relations Act, as well as the rights of employers to implement contract offers after impasses are reached.

If contracts cannot be reached, the parties will sometimes resort to strikes or lockouts. We have represented many clients on these matters including hiring replacement workers and offensive and defensive lockouts.

Disputes over interpretation of labor agreements are frequently resolved in arbitration and our team has significant experience in selection of arbitrators on Federal Mediation and Conciliation Service and American Arbitration Association panels. We routinely try arbitrations before these selected arbitrators.

Our practice before the NLRB involves representing employers in responding to charges by labor organizations and complaints brought by regional directors. We also have experience with bringing charges for secondary boycotts and other unlawful union activities and the occasional federal court injunctions sought by the General Counsel of the Board.

On May 14, a federal judge in the District of Columbia struck down the NLRB's new representation election rule, which had gone into effect on April 30. The Court concluded that the NLRB did not have the required quorum to vote on the new rules, therefore lacking authority to adopt it, and consequently found the rule to be “invalid.”

On Tuesday, April 17, the U.S. Court of Appeals for the District of Columbia granted an emergency injunction postponing the notice-posting requirement pending the court's review.

Employers cannot require employees to surrender their right to pursue employment class actions, the National Labor Relations Board ("NLRB") recently ruled in a two-member decision. The decision follows closely on the heels of the U.S. Supreme Court's ruling protecting class action waivers.

May 17, 2012	Judge Strikes Down NLRB "Quickie" Union Election Rule On May 14, a federal judge in the District of Columbia struck down the NLRB's new representation election rule, which had gone into effect on April 30. The Court concluded that the NLRB did not have the required quorum to vote on the new rules, therefore lacking authority to adopt it, and consequently found the rule to be “invalid.”
April 30, 2012	"Quickie" Union Elections Start...April 30 National Labor Relations Board (NLRB) proposed several significant changes to its election procedures that took effect April 30.
April 19, 2012	Court of Appeals for D.C. Circuit Postpones Implementation of the NLRB's Posting Rule On Tuesday, April 17, the U.S. Court of Appeals for the District of Columbia granted an emergency injunction postponing the notice-posting requirement pending the court's review.
January 11, 2012	Employers Waive Goodbye to Employment Class Action Waivers Employers cannot require employees to surrender their right to pursue employment class actions, the National Labor Relations Board ("NLRB") recently ruled in a two-member decision. The decision follows closely on the heels of the U.S. Supreme Court's ruling protecting class action waivers.
January 9, 2012	Recess Appointments Could be Challenged President Obama named Sharon Block, Terence Flynn, and Richard Griffin as recess appointments to the NLRB. The legality of the President's recess appointments will likely draw legal challenges. Those who rely upon the Board's decisions and regulations will rightfully be concerned that any actions taken by this Board between now and the resolution of those legal challenges may be overturned.
December 27, 2011	NLRB Again Delays Implementation of Controversial Posting Rule Faced with a request from the federal court in Washington, D.C. hearing one of the legal challenges to the rule, the NLRB has agreed to postpone, again, its planned implementation of the rule requiring almost all private employers, unionized and non-unionized, to post a notice of employee rights under the National Labor Relations Act, until April 30, 2012. Postponing its implementation of the rule, the NLRB says, will facilitate resolving the pending legal challenges.
December 22, 2011	NLRB Continues to Push Controversial Posting Rule; U.S. Chamber, Business Groups Fight Back Presently, a National Labor Relations Board (NLRB) final rule will require almost all private employers, unionized and non-unionized, beginning January 31, 2012, to post a notice of employee rights under the National Labor Relations Act. Specifically, the required posted notice must advise employees of their rights to engage in union organizing, bargain collectively and engage in other protected concerted activities. Failure to comply could result in an unfair labor practice charge against an employer by the NLRB. However, two pending lawsuits could impact this ruling.
October 2011	An Important Update: NLRB to Move Ahead With Controversial Initiatives In a press release issued on October 5, the NLRB announced that the posting requirement (originally announced on August 30, 2011) will be delayed until January 31, 2012 to afford the NLRB the opportunity to engage in "education and outreach" to small and medium sized businesses that may erroneously believe themselves exempt from the notice posting requirement.
September 2011	NLRB to Move Ahead with Controversial Initiatives On August 30, the National Labor Relations Board (NLRB) is publishing in The Federal Register a new final rule requiring nearly all private employers, union or non-union, to post a notice of employee rights under The National Labor Relations Act. The Rule will be effective November 14, 2011, and posting must be visible to employees on that date.
June 22, 2011	NLRB Proposes New Regulations Meant to "Speed Up" Union Elections On June 22, the National Labor Relations Board published sweeping proposed regulations in the Federal Register aimed at implementing changes long-sought by unions, such as faster representation hearing deadlines and streamlined pre- and post-election procedures.
February 1, 2011	Important Labor and Employment Update: NLRB Announces Two New Initiatives The National Labor Relations Board (NLRB) has submitted a Notice of Proposed Rulemaking, proposing a rule to require private-sector employers under its jurisdiction to display a new poster in conspicuous locations in their workplaces notifying employees of their rights under the National Labor Relations Act (NLRA), including the right to form and join a union. Failure to post the proposed information could result in monetary fines to employers for non-compliance. In addition, the Acting General Counsel issued a new GC Memorandum instructing regional offices to expand the use of extraordinary remedies against employers found to have violated the NLRA in the context of organizing campaigns. These two NLRB initiatives will make it easier for unions to organize employees.

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