We provide aggressive and effective counsel in such areas as collective bargaining and contract administration, improved relations with unions, strike preparation, defending unfair labor practice allegations, and handling grievance and arbitration proceedings.
As a forceful advocate for Management, Brody and Associates provides effective counsel to maintain union-free status along with immediate strategies to defeat the threat of union organizing
Collective Bargaining Agreement Negotiations
We zealously represent our clients at the negotiation table. For some clients, we are first chair leaders in the negotiating process. For others, we act as their second chair advisors. In some cases, we answer strategy questions as they arise and solve legal issues as they become immediately apparent but don’t even sit at the table.
We research issues and give clients a thorough assessment of the risks associated with various negotiation positions. As advisors, we answer all important questions and resolve legal issues that arise during the collective bargaining process while always ensuring we are mindful of our client’s goals for this round of negotiations.
Union Campaign/Remaining Union Free
We represent union free clients in their efforts to remain union free. We provide strategies and counsel on how to remain union free. If this strategy is implemented early, elections are usually avoided. Where union election petitions are filed, we aggressively represent our clients by analyzing the legality of union-related communications and by advising our clients on the legitimacy of various strategies. We represent our clients at the hearings which decide which employees are to be involved and all the terms of the election. Given the NLRB’s Quickie election strategy, immediate attention is needed for these cases or the election will be here before management is ready. We pride ourselves in our ability to respond quickly and decisively.
We usually go right into the company to get an understanding of the issues and the environment of the facility; familiarizing ourselves with the company’s long term goals as well as the current realities of the operation. We give realistic assessments of the challenges that clients face and the strategies available to overcome them. While every case is different, historically, we have helped our clients prevail in the vast majority of union elections.
We also utilize these same strategies when unionized clients are faced with deauthorization and decertification elections.
Collective Bargaining Agreement Arbitrations
Arbitration has become commonplace in most facets of employee relations issues but it originally began in unionized facilities. We fervently and economically represent our clients in arbitration. After assessing the facts of the case, we identify the goals of our client and recommend possible strategies.
Where possible, we settle cases for our clients in order to save time, risk and expense. Where settlement is unacceptable, we fight for our clients until a final decision is reached.
While labor strikes are never a preferred method for resolution of conflict, they are sometimes unavoidable. For those clients facing a strike of their workforce, we assess the long term goals of the client and advise them on the strategies available to reach those goals.
We prepare our clients before, during and after a strike occurs. We provide insight into what is to be expected and what our client’s next step should be. We continue advising our clients until a resolution can be reached. If post strike Unfair Labor Practice charges are filed, we defend our clients through trial and at the appeal when needed.
Unfair Labor Charges and Trials
Under The National Labor Relations Act (NLRA), unions and employees can file administrative charges for violations that occur in the workplace. We aggressively defend these charges by making prudent decisions in the most cost-effective way possible. Where settlement is appropriate, we strive for that. Where settlement cannot be reached, we will take the case all the way through an administrative trial before a National Labor Relations Board (NLRB) Administrative Law Judge.
One of the leading cases we recently handled was the representation of various franchisees where the NLRB attacked the American franchise system by alleging that franchisees and franchisors were joint employers. This case threatened to overturn decades of legal precedent and destroy the franchising system in the Unites States. This case was unprecedented in its logistical complexities as well as its legal issues.