Labor Law

L & E Overview
Employment Law

Sullivan Weinstein & McQuay provides management-side labor relations services to employers, including counseling clients regarding unionization efforts, negotiating collective bargaining agreements, advising on the interpretation and application of collective bargaining agreements, and aggressively representing them before federal and state agencies and courts in all matters involving labor relations. Areas in which we have extensive expertise include:

Union Organizing. We work with and counsel clients in avoiding situations that lead to organizing drives, such as providing supervisory training and fostering effective communication between management and employees in order to maintain a union free environment. When a union attempts to organize in the client’s workforce, we provide advice on how to properly and effectively respond to the campaign, and representation in all related proceedings before the National Labor Relations Board, such as unit determination and elections and election challenges.

Unfair Labor Practice. We represent clients in unfair labor practice proceedings brought before the NLRB. We have had great success before the Board persuading it not to issue unfair labor practice complaints, and in federal court, convincing the court to reverse the NLRB where the Board had found unfair labor practices.

Collective Bargaining. For clients who have a unionized workforce, we advise, counsel and strategize with them concerning the application and interpretation of collective bargaining agreements. We also organize and conduct labor negotiations on behalf of the employer, including interest-based as well as "traditional" bargaining. When necessary, we assist clients in planning for and responding to strikes, work stoppages, union demonstrations and boycotts.

Labor Arbitration. We have been involved in scores of arbitrations involving matters such as: discharge and other discipline cases; pay disputes; right to require overtime; reduction of hours in lieu of layoff; benefit changes; subcontracting; unit work disputes; and changes in shifts and schedules.

Litigation. We provide litigation services in all labor-related matters in federal and state agencies and courts.

Representative matters

Changes in Terms and Conditions of Employment: Successfully persuaded the U.S. Court of Appeals to reverse the National Labor Relations Board in cases involving the changes in terms and conditions of employment and the discharge of employees who claimed protection as union organizers.

Unfair Labor Practice: Successfully defended employers at National Labor Relations Board against unfair labor practice charge alleging unlawful termination in retaliation for concerted activity.

Reimbursement and Breach of Collective Bargaining Agreement: Successfully represented university in breach of contract matter against former employee who refused to reimburse university for cost of training program under collective bargaining agreement. Employee countersued for breach of contract, discrimination, negligent infliction of emotional distress, and negligent supervision. Won dismissal of counterclaims and successfully obtained reimbursement after grant of summary judgment in favor of university.

Resident Abuse: Successfully defended two nursing homes against termination of nurse for alleged resident abuse. Union withdrew arbitration half way through proceeding and withdrew another similar case the day before the arbitration was scheduled.

Definition of Per Diem Nurses: Obtained favorable settlement in case allowing per diem nursing assistants to remain out of the Union.

Negligence of Nursing Home Director: Obtained dismissal before the Board of Registration of Nursing Home Directors in a matter alleging that the director had caused one resident to abuse another.

Internal Investigation: Represented and successfully guided employer through investigation by Department of Labor into charges that our client violated the overtime provisions the Fair Labor Standards Act (FLSA).

Collective Bargaining Agreements: Led negotiations that are interest-based, as opposed to “traditional” bargaining-based.

Severance Pay: Conducted arbitration for hospital where arbitrator found that after hospital transferred ownership to another corporate entity, hospital had no duty to pay severance to nurses whose employment also transferred to the new corporate entity.

Arbitration – Changes in Long-Standing Schedules: Prevailed in arbitrations where issues included the right of management to change long-standing schedules of employees.