Labor 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,

Arbitrations in General: We have been involved in numerous arbitrations involving matters such as:

• Discharge
• Pay Dispute
• Warning
• Mandatory Overtime
• Layoffs
• Vacation Pay
• Benefit Overtime
• Change Pay
• Suspension.