Labor Relations

We anticipate and help employers resolve labor relations issues that stand in the way of doing business.

Our approach

Emotionally charged, highly visible and almost always economically significant, labor relations continue to redefine the employee-management relationship.

Despite declines in the union movement, the National Labor Relations Board (NLRB) continues to tilt in labor’s favor, expanding the definition of legally protected activity and making it easier to organize. Unions are trying new tactics to rebuild membership and power, including social media and PR smear campaigns. And they frequently scrutinize employer policies and try to use the NLRB and government agencies to access union-free workplaces.

Every industry has different workforce needs. Our experience across sectors allows us to anticipate and prepare you for potential labor issues. Whether you have a unionized or union-free workforce, we strategize with you to minimize the impact of labor relations issues such as:

  • Union organizing
  • Other protected concerted activity
  • NLRB charges and related litigation
  • Collective bargaining negotiations
  • Contract arbitrations
  • Work stoppages
  • Picketing

We take a balanced approach—combining negotiation, conciliation and, when appropriate, aggressive representation. We have served as lead negotiators in collective bargaining opposite some of the largest and most aggressive labor unions in North America. Our job is to help our clients meet their business goals without compromising employee loyalty, enthusiasm or productivity.

Who we work with

  • Employers with union and non-union employees—particularly in the private sector
  • Deep focus on health care, hospitality, distribution, transportation, manufacturing and construction industries

New Regulations May Make It Easier for Travelers to State, but Questions Remain

WHEC NBC-10 | November 02, 2020

In this broadcast segment on New York State’s new coronavirus regulations regarding interstate travel, which replaces the 14-day quarantine for travelers, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on how the new regulations are more manageable for businesses.

NLRB OKs Trade Association's Facebook Group Post Deletions

Chicago Daily Law Bulletin | October 20, 2020

Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing a National Labor Relations Board ruling to overturn a decision preventing a trade association from removing posts on its Facebook group, noting that the trade association’s registry members are not actually employees.

Burnout signs have risen 33% percent in 2020; here are seven ways to reduce risks

LinkedIn Workforce Insights | October 07, 2020

This article, covering how organizations can reduce burnout risks among employees, cites NP for “bucking the trend” by focusing on advancement and promotion even during these challenging times, and quotes Professional Personnel Partner and Providence Labor & Employment partner Stacie Collier on plans for the firm’s 2021 partner class.

Illinois Workers’ Comp Law Doesn’t Pre-Empt Biometric Privacy Claim

HR Magzine | September 28, 2020

Chicago Complex Commercial Disputes partners Rich Tilghman and John Ruskusky, and associate Henry Caldwell contributed this article, based on their recent blog post, on the rise in putative class actions in Illinois by employees against entities that employ biometric technology.

Pandemic Pay Issues for Wage and Hour Lawyers to Watch

Law360 | September 24, 2020

This article on notable pandemic-related wage and hour issues quotes San Francisco Labor & Employment associate Jade Butman on whether employers would be on the hook for the time that workers spend adhering to building safety protocols.

3 Tips Now That DOL's Joint Employer Rule Is Struck Down

Law360 | September 16, 2020

This article, which examines last week’s Southern District of New York judgment striking down the U.S. Department of Labor’s joint employment rule, quotes San Francisco Labor & Employment associate Jade Butman on the complexities of multiple layers for employment law compliance with respect to the National Labor Relations Act, Equal Employment Opportunity Commission, and FLSA.

What Employers Can Learn from New NLRB Virus Advice

Law360 | September 09, 2020

Labor & Employment deputy group leader and Chicago partner Brian Alcala contributed this article on the National Labor Relations Board’s recent guidance on COVID-19-related labor law violations against employers in these uncertain times.

New NLRB test makes employee discipline easier

Daily Record | August 12, 2020

This article on a recent decision by the National Labor Relations Board extensively quotes Rochester Labor & Employment partner Stephanie Caffera for her related outlook and the application of protected concerted activity on social media.

Labor board OKs discipline against new union employees

Chicago Daily Law Bulletin | July 16, 2020

Chicago Labor & Employment partner Frank Saibert contributed this article analyzing a recent National Labor Relations Board ruling to overturn a decision allowing newly recognized unions an opportunity to negotiate over certain disciplinary action taken against employees that occurred before the parties finalized their initial labor contract.

Labor board allows ban on discussion of bias investigation

Chicago Daily Law Bulletin | May 14, 2020

Chicago Labor and Employment partner Frank Saibert contributed this article analyzing a National Labor Relations Board decision which found that, under appropriate circumstances, employers can prohibit employees from discussing certain internal company investigations without violating the National Labor Relations Act.

Are you an essential worker? Says who? And what if you don’t think your job is worth the coronavirus risk?

Chicago Tribune | March 25, 2020

Labor and Employment deputy practice group leader Brian Alcala in Chicago talks about the advice he is giving employers whose employees feel unsafe reporting for work during the coronavirus outbreak.

Labor board fails to see pretext in union member’s termination

Chicago Daily Law Bulletin | August 28, 2019

Chicago Labor and Employment partner Frank Saibert authored this article about a National Labor Relations Board case related to a union member who was fired by her employer, Electrolux.

Storms on the horizon after high court’s Dynamex ruling

Los Angeles Daily Journal | July 10, 2019

Partner Ben Kim, counsel Alicia Anderson and associate Irene Scholl-Tatevosyan, all of the Labor and Employment group in Los Angeles, co-wrote this contributed article. The authors analyze the impact of a California Supreme Court ruling that drivers for Dynamex, a package delivery company, are employees rather than independent contractors.

NLRB memo shows push to deflate Fat Cat and Scabby

Chicago Daily Law Bulletin | July 08, 2019

Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing an ongoing matter before the National Labor Relations Board concerning the ability of organized labor to use large inflatable animals as part of their worksite picketing activities.

NLRB reins in employee protections

Chicago Daily Law Bulletin | May 29, 2019

Chicago Labor and Employment partner Frank Saibert wrote this article analyzing a case before the National Labor Relations Board, which has taken a newly restrictive view on what constitutes “protected concerted activity” in the workplace.

Scabby, Fat Cat find town signage ban lawful

Chicago Daily Law Bulletin | March 13, 2019

Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing a Seventh Circuit decision that allowed a Wisconsin town to invoke its signage ban to exterminate a giant inflatable balloon rat displayed by a local labor union.

Union rep missing from meeting, employer probe leads to firing

Chicago Daily Law Bulletin | August 01, 2018

Chicago labor and employment partner Frank Saibert authored this column about a recent National Labor Relations Board decision regarding Weingarten rights which allow union-represented employees, who might be facing discipline, to have a union representative present for any questioning related to the matter.

Deceptive Office Entry Costs Union Organizer Job

Chicago Daily Law Bulletin | March 27, 2018

Chicago labor and employment partner Frank Saibert wrote this contributed column on a National Labor Relations Board dispute between an area hotel and an employee/union organizer who was fired following a demonstration.

Trump Labor Board Forges Forward

Chicago Daily Law Bulletin | January 23, 2018

Chicago labor and employment partner Frank Saibert contributed this article on the National Labor Relations Board’s shift in outlook as a result of the election of President Trump.

Contacts

Tara E. Daub

Partner

tdaub@nixonpeabody.com

Phone: 516-832-7613

Michael R. Lindsay

Partner

mlindsay@nixonpeabody.com

Phone: 213-629-6000

Andrew B. Prescott

Partner
Office Managing Partner, Providence

aprescott@nixonpeabody.com

Phone: 401-454-1016

  • U.S. News/Best Lawyers “Best Law Firms” 2020 ranked as National Tier One in: Appellate Practice, Commercial Litigation, Corporate Law, Employment Law—Management, Energy Law, Franchise Law, Health Care Law, Labor Law—Management, Litigation—Construction, Litigation—Labor & Employment, Litigation—Real Estate, Mass Tort Litigation/Class Actions—Defendants, Patent Law, Public Finance Law, Real Estate Law, Securities Regulation, Tax Law
  • In addition, many Nixon Peabody practices received U.S. News/Best Lawyers Tier 1 rankings at the regional level in the following geographies: Albany, NY; Boston; Buffalo; Chicago; Long Island; Los Angeles; Manchester, NH; New York City; Providence, RI; Rochester, NY; San Francisco; and Washington, DC.
  • Employment attorneys ranked as leading lawyers in their fields by Chambers USA/Global
  • Ranked by Law360 as an Employment 100 firm
  • National and metropolitan honors from publications like Best Lawyers in America, Super Lawyers, Martindale-Hubbell, and other directories and publications
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