Union organizing, corporate campaigns, labor-management relations, and other labor relations issues can be emotionally charged, highly visible, and almost always significant to a business and its operations. Our labor relations attorneys understand the practical and legal issues, as well as the political, community, and economic environments in which they arise. We have extensive, successful experience dealing with union organizing and corporate campaigns, and with providing ongoing assistance maintaining a union-free workplace, as well as advising employers with unionized workforces. Our attorneys often assist employers faced with threatened or actual work stoppages or picketing; business acquisition, disposition, and sourcing labor complications; collective bargaining negotiations, contract grievances and arbitrations; and representation in National Labor Relations Board (NLRB) representation and unfair labor practice matters.
Strategic counseling and planning
The most successful labor relations philosophy encourages a non-adversarial atmosphere where employees are committed to achieving their employer’s objectives. Whether an employer is union-free or fully or partially unionized, we assist employers to create and implement strategies, including policies, procedures, and communication mechanisms, to meet business objectives without compromising employee loyalty, enthusiasm, or productivity.
We guide employers through labor relations challenges associated with all types of transactions, including mergers, dispositions, and acquisitions; bankruptcy proceedings; successorship issues; pension plan withdrawal liability issues; business shutdowns, layoffs and work transfers; and outsourcing and subcontracting issues—always alert to the legal, and employee and public relations implications of these situations.
Unionized employers
Nixon Peabody attorneys regularly serve as lead negotiators and advisors in collective bargaining opposite some of the largest and most aggressive labor unions in North America. We have negotiated on behalf of individual employers or multi-employer bargaining associations in a wide array of industries, including manufacturing, distribution, transportation, health care, hospitality, and construction.
In addition to collective bargaining, we assist unionized employers with administration of their labor agreements and maintenance of their labor relationships through a balanced approach, combining negotiation, conciliation, and, when appropriate, aggressive representation. Our attorneys possess extensive experience facilitating labor-management meetings; interpreting labor contracts; investigating and preparing grievance responses and arbitrating grievances; restructuring workforces; transferring work; freezing single employer defined benefit pension plans and withdrawing from multi-employer plans; and assisting with rightsizing and shutdowns.
Non-union employers
Labor issues are not restricted to employers with labor unions. The National Labor Relations Act (NLRA) has broad implications for employers without unions because it provides extensive and expanding protections to employees and unions, even when union organizing or membership is not an issue. Employers of all types can benefit from carefully crafted policies and procedures to ensure compliance with the NLRA and reduce exposure to organizing activity.
Our attorneys have significant experience assisting employers, large and small, in a wide array of industries, to resist unionization efforts through proactive and progressive employee relations; union-avoidance training; union campaign strategy oversight and development; representation in NLRB proceedings, including extensive R-case experience; and a wide array of services related to discouraging and defeating corporate campaigns.
Job actions
Strikes, picketing, boycotts, corporate campaigns, lockouts, work slowdowns, and other job actions by employees and unions can be devastating to a business. We have extensive experience developing and implementing sophisticated strategies to assist employers to address each of these challenges with a minimum of disruption to their operations. This experience includes prosecuting and defending unfair labor practice charges before the NLRB, and pursuing injunctive relief in federal and state courts to enjoin unlawful or unprotected strikes, or to prevent violence, property damage, and other disruption to operations.
National Labor Relations Board representation
Nixon Peabody attorneys have worked with, and for, NLRB offices across the country. This experience allows us to provide unique insights and to develop effective strategies for addressing unfair labor practice charges; representation matters; secondary boycotts, picketing, and handbilling; and unit clarification, union deauthorization, and certification proceedings.
Litigation & arbitration
When necessary or appropriate, we pursue or defend litigation in state and federal courts, or before arbitration tribunals, as part of an overall strategy to accomplish our clients’ labor relations goals. Our labor attorneys have handled hundreds of labor arbitrations and litigated actions involving a range of issues, including strike and picketing injunction proceedings, breach-of-contract actions, and defense of benefit plans claims for contributions and benefits.
Court strikes down NLRB's Poster Rule
Employment Law Alert | May 8, 2013
Workplace agencies impacted by the sequester
Employment Law Alert | April 30, 2013
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Federal Court of Appeals invalidates NLRB "recess" appointments
Employment Law Alert
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January 30, 2013
NLRB finds online discussion between non-union employees "protected activity"
Employment Law Alert
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January 3, 2013
Five New Year's resolutions for employers
Employment Law Alert
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January 2, 2013
Recent NLRB decision leaves employers in a precarious position between possible ULP or sexual harassment liability
Employment Law Alert
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October 9, 2012
California employment legislation: What's new for 2013?
Employment Law Alert
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October 5, 2012
NLRB issues first decision regarding "online discussions" and ALJ issues decision regarding social media policies
Employment Law Alert
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October 2, 2012
National Labor Relations Board takes aim at social media policies and at-will disclaimers
Employment Law Alert
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July 26, 2012
California charter cities do not have to pay prevailing wages on local public projects involving local public funds
Employment Law Alert
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July 10, 2012
NLRB approves first "micro" unit
Employment Law Alert
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May 21, 2012
NLRB's "quickie" or "ambush" Election Rule invalidated . . . for now
Employment Law Alert
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May 16, 2012
NLRB again finds protected concerted activity in Facebook posts, orders fired employees reinstated
Employment Law Alert
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May 11, 2012
The professional overtime exemption: learned professionals and creative professionals
A Matter of Time: Wage-Hour News You Can Use
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May 10, 2012
Brinker sequel: no attorney's fees allowed on California meal and rest period claims
Employment Law Alert
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May 7, 2012
Critical developments in Labor and Employment law - Are you ready for April 30?
Employment Law Alert
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April 26, 2012
NLRB notice posting of employee rights to join unions (or not)… AGAIN delayed pending court review
Employment Law Alert
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April 17, 2012
NLRB and workers' groups continue attack on employer social media policies
Employment Law Alert
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April 16, 2012
Critical developments in labor and employment law - NLRB's Representation Case Final Rule and Update on Notice Posting Litigation
Inside The Beltway Alert
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December 22, 2011
California holds that state overtime law applies to non-residents working in the state
Employment Law Alert
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July 14, 2011
Proposed Cal/OSHA revisions on the horizon: what SB 829 could mean for employers
Employment Law Alert
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July 13, 2011
France: the Cour de Cassation validates executive working time arrangements, subject to certain conditions
Global Employment Law Alert
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July 8, 2011
Connecticut becomes the first state to require employer funded paid sick leave for “service workers”
Employment Law Alert
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June 24, 2011
Defense goes up in smoke — discharge for medical marijuana use upheld in Washington State
Employment Law Alert
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June 23, 2011
Inevitable disclosure doctrine is alive and well in Massachusetts
Employment Law Alert
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June 20, 2011
Representative Weiner’s online conduct: a reminder to employers about the dangers of employee misuse of social media and company resources
Employment Law Alert
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June 14, 2011
Supreme Court clears the way for employee arbitration agreements waiving class action rights
Employment Law Alert
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April 28, 2011
New FLSA rules address tip pooling, fluctuating workweek, and other issues
Employment Law Alert
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April 13, 2011
California lawsuits have employees standing up for their right to sit down
Employment Law Alert
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April 7, 2011
New York Department of Labor releases Wage Theft Prevention Act guidance and forms
Employment Law Alert
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April 4, 2011
New York Wage Theft Prevention Act effective April 9, 2011
Employment Law Alert
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March 28, 2011
Supreme Court’s recent “cat’s paw” decision may burn the hands of employers
Employment Law Alert
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March 11, 2011
Supreme Court declines opportunity to resolve Circuit split regarding FLSA exemptions
Employment Law Alert
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March 1, 2011
The NLRB/Facebook case may have settled, but employer social media policies are still under attack
Employment Law Alert
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February 24, 2011
California court weighs in on meal period rules
Employment Law Alert
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February 24, 2011
California Court holds employers liable for up to two hours’ wages per day for meal and rest period violations
Employment Law Alert
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February 23, 2011
U.S. Supreme Court announces broader employee protection under Title VII
Employment Law Alert
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February 11, 2011
The NLRB broadens employee protection under federal labor law by recognizing a “preemptive strike” theory of retaliation
Employment Law Alert
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February 7, 2011
Ninth Circuit decision makes it even more difficult for employers to recover attorney’s fees incurred defending against frivolous claims in multi-count suits
Employment Law Alert
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January 25, 2011
Ninth Circuit holds that resignations in advance of, but in response to, announced plant closure are not “voluntary departures” under WARN Act
Employment Law Alert
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January 25, 2011
California mandates paid leave for organ or bone marrow donation
Employment Law Alert
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January 18, 2011
Circuit Court Holds Private Employers Permitted to Reject Applicants Based on Past Bankruptcy Filing; Bar on Termination and Other Discrimination For Existing Employees Remains
Employment Law Alert
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January 10, 2011
New California meal period exemptions in effect
Employment Law Alert
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January 7, 2011
Restaurant and hotel industry wage and hour alert
New York Department of Labor issues final Wage Order effective January 1, 2011, setting new pay and notice requirements
Employment Law Alert
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December 20, 2010
New York makes several changes to Labor Law
Employment Law Alert
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December 15, 2010
California resolves limitations periods on waiting time penalties claims
Employment Law Alert
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December 9, 2010
Media frenzy over NLRB complaint against Connecticut employer for terminating employee who criticized employer on Facebook not warranted—yet
Employment Law Alert
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November 16, 2010
Webinar Recording: Avoiding the National Labor Relations Board
November 12, 2010
Employers beware: revise employment agreements and severance agreements soon to avoid tax trap
Employment Law Alert
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November 11, 2010
Complying with the Genetic Information Nondiscrimination Act –acquisition, storage, disclosure, and social media
Employment Law Alert
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November 11, 2010
No reasonable expectation of privacy in content posted to social networking websites, regardless of individual privacy settings
Employment Law Alert
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October 13, 2010
It’s a cold, cold world: tech companies agree to halt “no cold-call” agreements that Justice Department charges are illegal per se
Employment Law Alert
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September 29, 2010
New York employers must provide funeral and bereavement leave to employees in same-sex relationships
Employment Law Alert
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September 3, 2010
Massachusetts employers must immediately change how they handle employee documentation in light of the amended Massachusetts personnel records statute
Employment Law Alert
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August 19, 2010
Massachusetts bans criminal history questions on job application forms: employers must take action or risk noncompliance
Employment Law Alert
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August 12, 2010
Employers beware: Your outside sales representatives may be entitled to overtime pay
Employment Law Alert
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July 14, 2010
FMLA protections extended to same-sex and other parents without a biological or legal relationship to a child
Employment Law Alert
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June 24, 2010
U.S. Department of Labor Wage and Hour Division’s activist agenda — significant new mandates, including required classification analyses and worker disclosures
Employment Law Alert
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June 10, 2010
Restrictive-covenant federal lawsuit over social media conduct raises novel, far-reaching questions for employers
Employment Law Alert
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June 2, 2010
Defense Department publishes Interim rule implementing Franken Amendment: What it means for employment arbitration agreements for defense contractors
Employment Law Alert
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June 1, 2010
Employers must provide breaks for nursing mothers pursuant to new FLSA amendment
Employment Law Alert
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June 1, 2010
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