Labor and Employment

Union Avoidance and Contract Negotiation

Butler Snow’s Labor and Employment team has decades of experience in assisting employers in many industries in preventing the causes of unionization and successfully resisting union organizing.  As unions have declined over the past three decades, the actual experience of most law firms in this practice area has diminished.  However, our team includes attorneys with substantial recent experience in combating a variety of unions that have been particularly active.

Over the past decade, unions have increasingly resorted to “corporate campaigns” to bring political, religious, community, and economic pressure against employers either to recognize unions voluntarily or to agree to “neutrality” agreements.  We have successfully resisted such campaigns.

Our labor attorneys understand the root causes of unionization and can assist employers quickly in identifying and addressing vulnerabilities. Our Labor and Employment team is eminently qualified, experienced and poised to meet any union challenge that employers might face.

Representative experience

• We have represented employers in union organizing campaigns by virtually every union, including, the Service Employees International Union (SEIU), the Teamsters, United Food and Commercial Workers Union (UFCW), United Steel Workers of America (USWA), Operating Engineers, International Association of Machinists (IAM), the California Nurse Association (CNA) and United Brotherhood of Carpenters.  Unfair labor practice charges have been defeated in circumstances ranging from construction union “salting” efforts to allegedly discriminatory layoffs.
  
  
• For many clients, we have conducted Preventive Labor Relations Training for all levels of leaders. 
  
  
• Our attorneys are skilled in conducting Labor Assessments, both periodically and in special situations where employers confront heightened risks due to reorganizations, mergers, closures, outsourcing, reductions in force and introductions of new operating methods and human resources policies.
  
  
• Our team has been on the front line in combating new methods of organizing throughout the country from California, Missouri and Pennsylvania to Massachusetts and Florida.
  
  
• We have recently waged management campaigns in units ranging from ten to over 500 employees.
  
  
• Our experience has included elections in groups with many ethnicities, including elections in which voters were predominantly either Filipino, Chinese, Hispanic, Latino, African-American or European-American.  We have conducted campaigns in which the material was prepared in multiple languages.
  
  
• In responding to corporate campaigns, we have assisted employers in dealing with events such as marches led by State Legislators, active campaigning on behalf of a union by an activist state Attorney General, campaigning for a union by a U.S. Presidential candidate, and union-friendly public appeals by religious leaders.
  
  
• Neutrality Agreements.  Based on their unique business considerations or because they have an established union relationship, some employers opt to enter into neutrality agreements which provide nontraditional mechanisms for recognition of unions, and in some cases, for negotiation of collective bargaining agreements.  We have assisted such employers in crafting accords and procedures outside the traditional NLRB procedures.  We also have experience in nontraditional negotiations, including interest arbitration. 
  
  
• Contract Negotiations.  We have a team of attorneys experienced in negotiating labor contracts.  Depending upon the client's needs and circumstances, we appear as chief spokesperson at the bargaining table or, act as advisors to the company's negotiating team.  We develop contract proposals and assist in developing strategies to minimize contractual restrictions on management's operational prerogatives. 
  
  
• Grievance handling and arbitration.  We provide advice and assistance on contract administration and grievance handling and represent employers in labor arbitration hearings.
  
  
• Strikes and picketing.  We have experience in assisting employers who are faced with strikes, boycotts, and picketing.  Whether the matter involves obtaining a state-court or federal injunction, pursuing unfair labor practice charges against a union, or assisting in developing strike contingency plans, we have many years of experience.  Our attorneys have the knowledge and expertise to assist employers with strategies for continuing business operations through the duration of labor disputes. 

For additional information on Union Avoidance and Contract Negotiation, please contact Bart N. Sisk.