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Labor and Preventive Practices

The world, the law and the labor landscape have changed in the past few years – it is important for every employer to consider new preventive labor relations approaches and best practices that take these changes into account.

Overview

Jackson Lewis is a law firm that offers legal advice to employers through the many laws that impact on every aspect of an employer’s decision and ability to develop and implement a strategic, comprehensive preventive labor relations program. We provide labor advice to all employers – whether entirely unionized, entirely union-free or partially unionized – in every industry.

While the National Labor Relations Act has always applied to employees regardless of union representation, the Board’s decisions and initiatives in the past few years have broadened the law’s reach significantly. Our advice reflects our experience and insights into these changes.

Our labor attorneys have represented private and public sector clients in thousands of matters before arbitrators, mediators, the National Labor Relations Board, the Department of Labor, state labor boards, other government agencies, and state and federal courts. On a daily basis, we offer legal advice and counsel to employers regarding corporate campaigns, card check and neutrality agreements, union organizing, protected concerted activity, NLRB elections, contract negotiations, grievance and arbitration proceedings, unfair labor practices, international labor issues, recent and upcoming NLRB decisions, new agency and legislative initiatives, federal contractor requirements, traditional and third party economic activity pressures (such as picketing, bannering or hand billing), internet-based public appeals (such as through websites, blogs and social media), work stoppages and walkouts, LMRDA compliance, injunction proceedings, purchase/sales, reductions and reorganizations, cross-practice issues (coordinated with immigration, workplace safety, sports, wage and hour, privacy and other workplace practices), as well as the entire range of pre- and post-hire employee relations issues. Our firm has been retained to offer legal advice to many employers who have succeeded in winning NLRB elections or in averting union elections altogether. We also have represented unionized employers in negotiations ranging from “bet the farm” situations to simple contract renewals.

Overall Services Provided to Both Union-Free and Unionized Employers

For all employers, we:

  • Provide legal advice to company Boards of Directors and executive teams as they develop their strategic, comprehensive preventive labor relations programs that are legal and appropriate in today’s changing workplace;
  • Conduct management legal/human resources preventive labor relations assessments that analyze the legal implications of an employer’s labor and employee relations policies and practices, and make legal recommendations for employer best practices;
  • Advise on the development of employee handbooks, supervisory and policy manuals, social media policies, class action waivers, confidentiality agreements, internal investigations, alternative dispute resolution and other problem solving procedures, employee orientation programs, communications and government relations programs so that all such documents, policies and processes are state of the art and comply with all legal requirements;
  • Design and conduct Board/executive/management/supervisory educational programs which provide legal advice to guide employers through their particular issues and ensure compliance with the law;
  • Provide legal advice including on-site management counseling during corporate campaigns, union organizing, negotiations, picketing and other related activities; and
  • Conduct ongoing legal training for managers and supervisors where advice is offered relating to either (1) union organizing (for union-free employers) or (2) contract administration or negotiations-related matters (for unionized employers).

Additional Services Provided to Union-Free Employers

We advise employers before and during union organizing on a daily basis, including but not limited to providing services such as:

  • Overall strategic legal advice;
  • Board/executive/management/supervisor training relating to union organizing and/or corporate campaigns;
  • Legal/HR assessments to advise regarding lawful, effective best practices;
  • Recommendations regarding lawful employer communications;
  • Bargaining unit advice; and
  • Other legal recommendations for employer consideration.

We wrote the book “Winning NLRB Elections,” which is nationally renowned, and are regularly retained to advise and represent companies during NLRB “R” cases. Our representation of employers in thousands of NLRB representation cases and unit clarification proceedings has run the full gamut, including stipulations, significant contested hearings (including new “micro-unit” and joint employer cases), post-election objections and appeals. We have developed specialized corporate campaign preventive advice and strategy/action plan recommendations for our clients’ consideration so that organizations can remain employers of choice.

Additional Services Provided to Partially- or Fully-Unionized Employers

For unionized employers, we:

  • Provide legal representation during collective bargaining negotiations either “at the bargaining table” or “behind the scenes” as legal counselors and advisors, including:
    • analyzing contracts, grievance history and arbitration awards to legally advise and recommend strategies for contract negotiations and long-term labor relations management based on changes in the law, bargaining trends and our client’s needs;
    • meeting with and advising management about legally appropriate strategies to achieve the client’s collective bargaining goals;
    • developing strategies and approaches for thorny issues such as withdrawal liability and health care reform;
    • advising clients regarding lawful communications with employees, the press, public officials and others about negotiations;
    • advising and/or representing employers if federal, state or city mediators become involved in the bargaining process; and
    • advising clients about contingency plans to meet the legal challenges for continued operations in the event of a work stoppage, strike or other cessation of work.
  • Provide representation during the term of a collective bargaining agreement, including:
    • representing clients during grievance and arbitration proceedings;
    • educating front-line management where legal advice is offered to properly and effectively administer the collective bargaining agreement;
    • communicating with union officials (or advising our clients to do so) about unanticipated or critical issues that arise during the term of the contract; and
    • advising clients regarding the legal strategy surrounding mid-term modifications to the collective bargaining agreement.
  • Represent clients in deauthorization, decertification and unit clarification proceedings before the NLRB.

Additional Services Provided to Clients During Purchase/Sale and Other Transactions

We have significant experience providing labor, employment and benefits advice in the context of mergers, acquisitions, asset purchases, management agreements, corporate restructurings and other transactions. Our attorneys frequently advise and work closely with a client’s internal and regular outside corporate counsel in these areas.

Examples of the specific services we provide to buyers, sellers and investors include advice and counseling with respect to:

  • Strategic planning for the transaction;
  • Statutory compliance with Federal, state and local laws (WARN statutes, dislocated worker statutes, successorship and withdrawal liability issues, ADEA, ERISA, COBRA, NLRA, etc.);
  • The due diligence process;
  • Executive compensation, employment agreements and restrictive covenants;
  • Disposition of employee benefit and compensation arrangements, including advice and negotiation of arrangements in the collective bargaining context, advice on multiemployer pension and welfare benefit plan issues, development of successor benefit arrangements, and other post-transaction benefits matters;
  • Negotiation and drafting of the terms of transaction documents;
  • Development of post-transaction labor strategies;
  • Negotiation of successor collective bargaining agreements; and
  • Integration of business units after the closing of a transaction.

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May 22toMay 23

San Francisco, CA
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Remaining Union Free: A Counter-Organizing Simulation

May 22, 2017 - 12:00 PM to May 23, 2017 - 4:00 PM
780 Mission Street - San Francisco, CA
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Anaheim, CA
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The California Employer’s Top Ten Areas to Focus on in 2017

May 23, 2017 - 8:30 AM to 11:00 AM PST
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Atlanta, GA
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Remaining Union Free: A Counter-Organizing Simulation

June 28, 2017 - 12:00 PM to June 29, 2017 - 4:00 PM
3434 Peachtree Rd NE - Atlanta, GA
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Withdrawal Liability: The Ticking Time Bomb Of Participating In Multiemployer Pension Plans

April 13, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending*, HRCI - Pending, SHRM - Pending
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Understanding the Dilemma: An Introduction to Withdrawal Liability

March 30, 2016 - 2:00 PM to 3:00 PM EST
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Understanding the Dilemma: An Introduction to Withdrawal Liability

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April 21, 2017

Dues Checkoff Revocations May Be Valid in Wisconsin Despite Federal Court Ruling

April 21, 2017

A Wisconsin federal court has invalidated a key provision in Wisconsin’s Right to Work law that gave employees the right to cancel deduction of union dues from their paychecks. Int’l Ass’n of Machinists v. Allen, et al., No. 16-CV-77 (W.D. Wis. Dec. 28, 2016). However, there still are a number of National Labor Relations Board decisions... Read More

March 28, 2017

New Acting Solicitor of Labor Department Signals Emphasis on ‘Humility’

March 28, 2017

In some of his first public comments since taking office, Department of Labor Acting Solicitor Nicholas Geale has signaled a shift in policies, telling attendees at a Georgetown University Law Center event that his department will “listen to the regulated community a little more” from a position of a “little bit more... Read More

March 28, 2017

Labor Secretary Nominee Faces Committee Vote

March 28, 2017

The Senate Committee on Health, Education, Labor and Pensions (HELP) will vote on whether to confirm R. Alexander Acosta as Labor Secretary on March 30, 2017. In his confirmation hearing on March 22, Acosta fielded questions from senators that focused on the Labor Department’s controversial overtime rule, which was blocked by a... Read More

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April 11, 2017
SHRM

Jonathan Bing, Richard Greenberg, Daniel Jacobs, James Ansorge and Daisy Tomaselli Author "New York City Council Approves Legislation Limiting Salary History Questions"

April 11, 2017

Jonathan Bing, Richard Greenberg, Daniel Jacobs, James Ansorge and Daisy Tomaselli author "New York City Council Approves Legislation Limiting Salary History Questions," published by SHRM. Subscription may be required to view article Read More

April 10, 2017
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Weldon Latham Comments on Sexual Harassment Complaints in the Workplace

April 10, 2017

Weldon Latham comments on human resources handling sexual harassment complaints in the workplace in "Here's how HR is supposed to handle sexual harassment," published by CNNMoney. Subscription may be required to view article Read More

April 10, 2017
Cook County Record

Linda Carlozzi Discusses Employees Missing Work to Participate in Political Protests

April 10, 2017

Linda Carlozzi discusses the legal obligations for employers if employees miss work to engage in political protests in "Employers have options handling employees skipping work to engage in political protests," published by Cook County Record. Subscription may be required to view article Read More

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NLRB Ruling on Joint Employers Should be Reversed, Congressional Republicans Urge
April 26, 2017

Two years after the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. Read More

Miscimarra Named NLRB Chairman
April 26, 2017

The National Labor Relations Board has announced that Republican Philip A. Miscimarra has been named NLRB Chairman by President Donald J. Trump.  Miscimarra had been designated Acting Chairman by President Trump on January 23, 2017. Read More

NLRB Denies Petitions to Revoke Subpoenas Based on Mere Allegation of Joint Employer Status
March 27, 2017

The National Labor Relations Board has denied petitions to revoke subpoenas that were issued by an NLRB Regional Director to two companies seeking information about a possible joint employer relationship between the two employers. Read More