Labor-Management Relations

We have extensive experience in counseling with respect to proceedings before the National Labor Relations Board (NLRB), development of union avoidance strategies, compliance with laws regulating employer conduct during union organizing campaigns, collective bargaining, labor arbitrations and litigation of unfair labor practice proceedings before the NLRB. We have represented retailers, various manufacturers, steel producers, fully-integrated poultry producers, newspapers, business and financial information providers, airlines and entertainment producers, among many others.

Notable examples of our work include: 

• Negotiation of collective bargaining agreements on behalf of the purchaser of National Envelope with the United Steelworkers, International Brotherhood of Teamsters, and UNITE/HERE providing significant labor concessions effective upon the close of sale;
• Negotiation of collective bargaining agreements on behalf of Pilgrim’s Pride with the UFCW providing concessions, thus avoiding the need to reject the agreements in bankruptcy; and 
• Litigation of motions to reject collective bargaining agreements and associated matters on behalf of American Airlines. 

In addition, our practice regularly represents buyers, sellers, and financiers in the labor and employment aspects of mergers and acquisitions. We conduct due diligence to assess potential risks associated with a transaction, including examination of collective bargaining agreements, union-management relations, labor and employment litigation, and individual employment and compensation agreements. 

We craft strategies on behalf of sellers to ensure that liabilities associated with the business are transferred to buyers. Similarly, we also craft strategies on behalf of buyers to minimize the transfer of liabilities to them and mitigate other employment-related risks associated with a particular acquisition. 

We have negotiated contracts on behalf of buyers with senior management of target companies to ensure continuity in the purchased business. On behalf of sellers, we have designed and prepared plans and agreements to ensure full cooperation of management in the sales process, and post-closing continuity in the business. Finally, we have negotiated agreements with labor unions required for the completion of particular transactions.