Unfair Labor Practices

When charges are filed against our clients, we aggressively contest the allegations, most frequently resulting in dismissal of the case. Where complaints are issued, we have successfully litigated in every region on the East Coast before Administrative Law Judges, the National Labor Relations Board (NLRB) and the U.S. Circuit Courts of Appeal. Several of the lawyers in our group formerly worked for the NLRB, or have extensive experience with NLRB cases and are among the most prominent practitioners in this area. We have also been successful in bringing charges against unions, particularly in secondary boycott matters. Among our most noteworthy unfair labor practice matters we have:

  • Successfully defended numerous salting cases in the construction industry, including the first Administrative Law Judge decision on salting in Region 4
  • Successfully resolved over 50 counts of unfair labor practices and request for Section 10(j) injunction after an outside consultant handled an organizing campaign for a unit of 2,000 employees – all discipline and discharges were upheld with the exception of three days of back pay to a single employee and two warnings
  • Persuaded the Fourth Circuit Court of Appeals to vacate a Board order finding a failure to bargain over subcontracting
  • Successfully argued before Ninth Circuit Court of Appeals to vacate a Gissel bargaining order