Labor

Overview

When labor-management disputes arise, the attorneys at Weston Hurd bring extensive experience to the issues at stake. The attorneys have successfully represented clients both large and small from various industries. They have provided clients with highly skilled and innovative counsel in this complex and turbulent area of the law.

Weston Hurd assists nonunion employers to remain union free. The attorneys work with clients to develop employment practices and policies that assist in keeping unions out. For those employers faced with union organizing campaigns, the firm aggressively responds to the union’s organizing drive. Attorneys assist those employers in planning and carrying out effective “Vote No” campaigns and have a winning streak stretching back more than 30 years. To the extent there may be representation issues that need to be litigated before the National Labor Relations Board (NLRB) or unfair labor practice charges which require an aggressive defense during the course of the union campaign, the attorneys efficiently and effectively defend their clients before the NLRB.

For clients who have incumbent unions, the firm assists companies in conducting collective bargaining negotiations and developing strategies designed to achieve the bargaining goals. Weston Hurd represents management throughout the entire collective bargaining process, including: preparation, negotiation, and drafting of collective bargaining agreements, developing unique contingency strike preparation plans; and counseling clients during all stages of dispute resolutions under a labor contract’s grievance procedure, with the objective of reaching the best result for the client at a reasonable cost.

The firm’s traditional labor services include:

  • Arbitrating grievances
  • Providing “union free” advice and counseling
  • Planning and managing union election campaigns
  • Collective bargaining advice and strategy
  • Strike planning and litigation
  • Representation proceedings and unfair labor practice proceedings before the NLRB

In addition, the attorneys keep clients apprised of significant NLRB decisions through the use e-mail advisories that inform clients of decisions that may have an immediate impact on their business.

A recent representative matter handled by the labor attorneys demonstrates the breadth and depth of the practice:

  • Advised a major rubber manufacturer during negotiations with the United Steelworkers International Union and one of its locals that eventually led to a three-month long lockout of union employees that began in November 2011.  Successfully defended the company before the National Labor Relations Board when the USW filed numerous unfair labor practice charges against the company claiming that the company violated the National Labor Relations Act.  The majority of the charges alleged that the company failed to bargain with the union in good faith in a number of different ways.  In addition, the union claimed that, because the company allegedly failed to bargain with the union in good faith, the lockout of union employees was also an unfair labor practice.  The Regional Director dismissed the majority of the charges, including those charging the lockout was unlawful.  This dismissal was upheld on the union’s appeal to the Acting General Counsel of the NLRB in Washington.
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