Labor Unions

We provide the full range of arbitration and litigation advice and advocacy to our labor clients. Our work begins with a diligent case evaluation. We adapt our representation to the case’s merits, the strategies available, and your union’s goals and interests.

Our litigation includes claims before administrative agencies charged with labor enforcement, such as the National Labor Relations Board, the U.S. Department of Labor, the Massachusetts Department of Labor Relations, and the Attorney General, as well as before the state and federal courts. Our litigation also extends to representation before agencies and courts in which unions have vital interests including the departments of public utilities, licensure, campaign finance, public safety, and the U.S. Bankruptcy Court.

Our litigation work includes:

• Advising unions on the merits of grievances, grievance processing, and representing unions in arbitration
• Case evaluation and advice in pursuing arbitration and/or litigation from start to finish
• Developing multi-tiered options and strategies for litigation to maximize client leverage
• Litigating unfair labor practice and prohibited practice charges and other cases before administrative agencies including the National Labor Relations Board (NLRB) and the Massachusetts Department of Labor Relations (DLR)
• Representing our clients in all stages of state and federal court litigation at every level, including appeals before the Massachusetts Supreme Judicial Court, the First Circuit Court of Appeals, and the U.S. Supreme Court
• Defending unions against duty of fair representation and other claims before administrative agencies and courts

Our approach to negotiations is simple. We tailor our work to your needs: whether it is serving as lead or co-negotiator, providing counsel at the table and in caucus, drafting proposals or reviewing proposals to ensure they meet both legal and practical concerns, or providing strategic advice on corporate campaigns and coordinated policy work.

Our work includes negotiations and support on:

• Collective Bargaining Agreements
• Project Labor Agreements
• Card Check Recognition and Neutrality Agreements
• Community Benefits Agreements
• Complex corporate/departmental reorganization agreements
• Interest arbitration before private arbitrators and the Massachusetts Joint Labor Management Committee (JLMC)

No bargaining unit is alike. So too, our work for you in any organizing campaign is tailored to meet your specific needs and your campaigns.

Our organizing expertise includes:

• Providing legal analysis and strategic advice for organizing drives and corporate campaigns
• Litigating National Labor Relations Board (NLRB) and Massachusetts
• Department of Labor (DLR) petitions for representation and charges relative to pre-election and election misconduct
• Legal review and advice on organizing and election communications and other protected concerted activity
• Trainings for staff and/or unit members on electioneering do’s and don’ts
• Negotiating and drafting card check recognition and neutrality agreements

We draft, assess, and consult on a wide range of local and state legislation advancing workplace justice. When requested by a client, our work may also include advocacy with state and local agencies and with state and municipal legislative bodies and/or litigation.

State and federal regulation of labor organizations is increasingly complex. We advise our clients on internal governance matters, officer elections, and compliance with the Labor Management Reporting and Disclosure Act (LMRDA) and other federal and state law.

This work includes:

• Advising labor organizations of their rights and obligations under state and federal labor, discrimination, and employee benefits laws to their employees and their members
• Drafting and advising on union by-laws and constitutions, policies, and other internal governing documents, as well as developing due process safeguards
• Advising labor organizations concerning Department of Labor (DOL) audits and regulatory initiatives
• Providing advice concerning internal union elections and other governance issues under the Labor Management Reporting and Disclosure Act (LMRDA) and state equivalents
• Advising labor organizations about how to navigate complex campaign finance and lobbying regulations
• Providing officer, steward, and membership training on internal governance and related issues
• Drafting employment policies and conducting anti-discrimination and other training for union offices
• Providing union officer and stewards training