Andrew B. Prescott

What do you focus on?

Employment Litigation

I defend employers in state and federal courts and administrative agencies such as the National Labor Relations Board and the Rhode Island Department of Labor and Training. I have handled cases before the Supreme Court of Rhode Island, the First Circuit Court of Appeals in Boston, state courts in Massachusetts and Rhode Island and federal court in Rhode Island.

When my clients get sued, I help them develop and execute litigation plans focused on achieving resolution while managing cost. I spend time exploring the feasibility of alternative dispute resolution and pursuing cost effective settlements when it makes business sense. For example, in related cases brought against a bank client, I prevailed in one case on summary judgment and reached a successful settlement of the other through mediation in a coordinated approach that saved money and vindicated management’s decisions.  

Training and Employment Counsel

I also educate and train managers and other employees on a variety of subjects, including sexual and other forms of harassment and best management practices, to help minimize exposure to employment liability. I recently delivered management training for a hospital that provided interactive opportunities to assess risk and share approaches to common problems. My goal is to provide a practical and useful understanding of the many laws governing employers. I help human resource and executive personnel stay ahead of changes in the law through such training and day-to-day advice.

Labor Relations

Employers turn to me for counsel in remaining union free and for representation when they must deal with a union representing their employees. I have negotiated and written collective bargaining agreements covering employees of hotels, power generating facilities, health care institutions, manufacturers and public transit providers.

Management rights, incentive compensation and other provisions I negotiate give my clients the operational flexibility they need to thrive in competitive environments. In grievance arbitration cases, I use my litigation skills to represent employers defending cases involving termination and discipline, contract interpretation, operational/management rights and benefits.

Victories I have obtained in grievance arbitration have ensured that terminated employees would not be forced back by arbitrators; reinforced management rights; and permitted necessary changes in benefits. Often, employers dealing with unions need representation on multiple fronts such as when I concurrently negotiated a first collective bargaining agreement and defended the same employer in unfair labor practice proceedings alleging firing the chief union organizer for making threats of violence.    

What do you see on the horizon?

On the labor front, alternative labor groups will play an increasingly important role and will test the vulnerability of employers to legal challenges on the wage and hour, health and safety and equal employment opportunity fronts. Arbitration and other dispute resolution approaches will reemerge as employers seek to resolve disputes without the cost and expense of traditional litigation.   

Representative Cases and Clients

• After a four-year legal battle, Andrew secured a complete victory at arbitration for a  defense contractor and its CEO who were accused of gender discrimination. The plaintiff, an internal candidate, alleged that the company had hired an external candidate, a Caucasian male, for the position of Vice President of Human Resources instead of promoting her, especially since she was more substantially qualified for the position. After being notified that she did not receive the position, the plaintiff filed a complaint seeking damages exceeding $1.5 million. After a multi-day hearing in Washington, DC, the arbitrator dismissed the plaintiff’s charge in its entirety.
• Representing a manufacturing company in federal court in Boston against a former employee alleging breach of contract and unlawful termination.
• Represented a gas pipeline and energy company based in Canada in various labor relations matters including negotiations of multiple collective bargaining agreements and grievance arbitrations.
• Representing national construction company in disability discrimination charge before the Massachusetts Commission Against Discrimination brought by an employee who worked for the company in Iraq and Kuwait.
• Successfully defended a flight school and several individuals in Massachusetts Superior Court injunction action involving a non-compete agreement. The court denied the request for injunctive relief. 
• For more than a decade, Andrew has been representing a public transit authority in a wide array of labor and employment services including as lead negotiator with two unions in collective bargaining, employment counseling, grievance arbitration, and litigation.
• Represented an architectural lighting manufacturer before the National Labor Relations Board in defense of an unfair labor practice. The company was able to successfully defend the case and the union was forced to withdraw the charge because, among other things, the expanded management rights clause—which Andrew negotiated for the company—gave the company authority to adopt such standards.
• Represented a transit agency in interest arbitration hearings regarding multi-year collective bargaining agreement. Amount at issue exceeded $10,000,000.
• Representing a cooperative membership organization that operates various stores (including a bookstore) and an online catalogue against unfair labor practice (ULP) allegations that they violated the National Labor Relations Act because of a “no solicitation” sign that appears on three of the four public entrances to the store. The Board dismissed the ULP charge based on arguments made by Andrew.