Today’s employers are feeling increased pressures from unions. Experts expect some version of the Employee Free Choice Act (EFCA) to pass this year. Both the President and Secretary of Labor are supporters of EFCA which would make it much easier for unions to try to organize workers. Our labor attorneys are ready to take immediate action to counter these efforts.

With more than 40 years of experience in labor relations, we have materials that can be quickly accessed to create speeches, letters, leaflets, posters, and other organizational campaign materials appropriate for the particular situation. Our lawyers provide on-site training to help supervisors and managers deal confidently with union activity and avoid any inadvertent unfair labor practices. Throughout the organizational effort, we work closely with management to develop effective strategies for defusing the union’s campaign and building employer support among employees. Our attorneys are currently working with large and small companies alike to prepare for EFCA.

Historically, most firms have had strong employment law practices but weak traditional labor practices. That is not the case with Kilpatrick Townsend. A true complement to our Employment team, our labor attorneys work closely with them to advise our clients on the requirements imposed by the National Labor Relations Act (NLRA) and other federal labor laws, as well as represent employers in representation and unfair labor practice proceedings before the National Labor Relations Board. For clients with unionized work forces, our attorneys negotiate collective bargaining agreements, represent employers in arbitration proceedings and provide legal advice to ensure that our clients’ rights and interests are protected. In the event of a strike, we counsel employers on the many legal issues associated with work stoppages and provide rapid-fire responses to striker misconduct, thereby helping our clients maintain operations and minimize the risks of unfair labor practice charges that so often accompany strikes.

We can also guide growing companies through the intricate labor law issues relating to the acquisition of the assets or the ongoing business of another company with existing ties to one or more labor unions. Other traditional labor law areas:

• Union avoidance strategies and training
• Managing a union organizing campaign for an employer
• Representing an employer before the National Labor Relations Board
• Negotiating with a union on behalf of a company
• Handling arbitrations under union contracts
• Assisting employers with strike planning and defense
• Employment discrimination lawsuits
• Wage and hour issues
• Sexual harassment issues

Occupational Safety and Health

Our lawyers have a broad range of experience advising corporate clients about compliance with the ever changing body of state and federal occupational health and safety law. Our attorneys can assist in drafting corporate procedures and practices to comply with various areas of regulation, such as hearing conservation and hazard communication programs and the currently increasing concerns about ergonomics and cumulative trauma disorders. Our lawyers can also become involved in on-site OSHA investigations and in litigation challenging citations issued under both federal and state laws, if needed. The firm’s lawyers have successfully represented clients in toxic tort litigation, environmental litigation, and other areas in which employee safety and health standards are intimately related to the subject matter of the claims. We have also counseled clients in developing policies to address violence in the workplace and to facilitate quick and effective detection and alleviation of hazardous situations.