Labor Relations & Disputes

Featured Publication:

Employers Beware Of NLRB Changes On Bad Faith Bargaining [Law360]

Daniel Johns authored a Law360 article discussing the National Labor Relations Board’s (NLRB) recent focus on holding employers accountable for bad-faith bargaining.

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Cozen O’Connor represents a broad spectrum of private and public sector employers in labor relations and disputes. For our unionized clients, we handle unfair labor practice proceedings and grievance arbitrations; negotiate individual and multi-employer collective bargaining agreements; prepare for and respond to picket lines, strikes, lockouts, and other economic campaigns; and work with employers during union election campaigns. We also help employers avoid unionization through positive employee relations and regain nonunion status when employees indicate they no longer wish to be union-represented. We are experienced labor litigators, appearing frequently before federal, state, and appellate courts; federal agencies and departments (such as the EEOC, NLRB, DOL, IRS, OSHA, and ICE); state agencies and departments; and arbitration panels.

For our unionized clients, our labor practice is committed to fostering constructive management-labor relations over the long term. Our focus is on protecting our clients’ interests, with a recognition that a working relationship with union counterparts is often a desired goal.

Cozen O’Connor’s traditional labor attorneys demonstrate a real commitment to understanding and supporting their clients’ business goals. We think not only about the technical legal matters, but also about how labor issues connect in a practical sense to business operations and strategy. Our attorneys manage labor relations with a clear eye toward the bottom line.

 

SERVICE AREAS

  • Defend clients in unfair labor practice proceedings and handle grievance arbitrations
  • Negotiate individual and multi-employer collective bargaining agreements
  • Prepare for and respond to picketing, strikes, lockouts and other economic tactics
  • Work with employers to avoid unionization through positive employee relations or to regain nonunion status when employees no longer wish to be union-represented
  • Advise clients on the labor relations consequences of business events, including mergers, spin-offs, acquisitions, and bankruptcies
  • Represent employers in significant labor-related litigations, mediations, and arbitrations
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Experience

Publications

Employers Beware Of NLRB Changes On Bad Faith Bargaining [Law360]

April 10, 2024

Daniel Johns authored a Law360 article discussing the National Labor Relations Board’s (NLRB) recent focus on holding employers accountable for bad-faith bargaining.

NLRA Expansion May Come With Risks For Workers [Law360]

January 08, 2024

Daniel Johns authored an article about the rapid expansion of the National Labor Relations Act (NLRA) coverage and how it affects the workplace.

Fifth Circuit Refuses to Enforce the NLRB’s Ban on Uniform Requirements [Alert]

November 27, 2023

Aaron Holt and Silvia Chicas discuss the Fifth Circuit’s decision in Tesla, Inc. v. National Labor Relations Board, which is a victory for employers seeking to enforce their uniform requirement.

NLRB GC Brief Portends Hefty Labor Law Transformation [Law360]

September 08, 2023

Daniel Johns authored an article about an April brief filed with the National Labor Relations Board (NLRB) on behalf of NLRB general counsel Jennifer Abruzzo.

NLRB GC Memos Complicate Labor Law Compliance [Law360]

May 10, 2023

Daniel Johns authored an article discussing the concerns raised by the current National Labor Relations Board (NLRB) General Counsel memos.

NLRB Makes it Harder to Discipline Employees who Engage in Abusive Behavior [Alert]

May 04, 2023

The NRLB recently revisited the issue of what happens when an employee engages in abusive or inappropriate conduct while protected by Section 7 of the NLRA.

NLRB Proposes New Joint Employer Standard, Requiring Mere “Indirect” Control [Alert]

September 12, 2022

The NLRB issued an NPRM that would broaden the standard for determining whether two employers are joint employers under the National Labor Relations Act.

NLRB Strikes Down Tesla’s Dress Code, Employees Can Wear Labor Insignia [Alert]

September 06, 2022

The National Labor Relations Board recently reaffirmed employees’ right to wear union insignia at work and found that Tesla, Inc. violated federal labor law.

3rd Circ. Ruling Shows Limits Of Regulating Employer Speech [Law360]

July 29, 2022

Daniel Johns authored an article on the recent decision from the U.S. Court of Appeals for the Third Circuit in FDRLST Media LLC v. National Labor Relations Board.

California Supreme Court Expands Penalties For Meal and Rest Violations

May 24, 2022

The California Supreme Court recently resolved a long-standing wage and hour question regarding meal and rest period violations.

How Labor Law May Affect Your COVID Vaccine Mandate [Law360]

October 29, 2021

Daniel Johns authored an article discussing labor law considerations surrounding the COVID-19 vaccine mandates in the workplace.

Under Biden, Nonunion Employers Can't Ignore Labor Law [Law360]

August 04, 2021

Daniel Johns authored an article on how the Biden administration impacts nonunion employers.

3 Decisions A Biden NLRB Will Likely Overturn [Law360]

April 26, 2021

Daniel Johns authored an article about the Biden administration's intent to promote and seek passage of the Protecting the Right to Organize Act.

Events & Seminars

Upcoming Events

Navigating the New Labor Law Landscape: What Your Company Needs to Know

April 18, 2024 - Philadelphia, PA

Steven Millman and Benjamin Shechtman will present “Navigating the New Labor Law Landscape: What Your Company Needs to Know” at the Association of Corporate Counsel Greater Philadelphia's 16th Annual In-House Counsel Conference.

Past Events

Union Organizing 101

March 21, 2024 - Webinar

NLRB Update

March 12, 2024 - Webinar

In The News

NLRB Establishes Faster Time Frame for Union Elections

December 14, 2023

Kelly Kindig was quoted in a SHRM article discussing how to navigate the National Labor Relations Board’s (NLRB) new rule requiring quicker union elections.

Case Headed to NLRB Might Prohibit Employers from Holding ‘Captive Audience’ Meetings

October 19, 2023

Daniel Johns was quoted in an SHRM article discussing a case pending before the National Labor Relations Board, which seeks to eliminate captive audience meetings and prevent employers from limiting email usage solely to business related matters.

NLRB Broadens Scope of Protected Concerted Activity

September 08, 2023

Joseph Quinn spoke with SHRM about a new ruling from the National Labor Relations Board (NLRB) that is intended to make it easier for workers to have legal protection for concerted activity in the workplace.

Legal Issues: Unions Continue Making Waves Across U.S.

August 22, 2023

Jake Rubinstein spoke with Law Week Colorado to discuss the latest trends involving unionized employees in Colorado.

EEOC Deal In AI Suit May Be Tip Of Enforcement Iceberg

August 11, 2023

Michael Schmidt was quoted in Law360 discussing the EEOC's interest in artificial intelligence when used for hiring.

Using AI to recruit? You're legally responsible for the bot's bias, EEOC says

June 26, 2023

David Barron was quoted in Employee Benefit News discussing how the EEOC recently warned employers that using algorithmic decision-making tools for hiring strategies could potentially violate existing civil rights laws.

Your Non-compete Might Be Illegal: NLRB Turns Up Heat for Rank-and-File Workers

June 16, 2023

Michael Schmidt was quoted in the New Jersey Law Journal discussing the National Labor Relations Board's memo warning that employment noncompete clauses for nonmanagerial employers are illegal.

Feds’ Push May Bring High Court Action on Title VII

May 26, 2023

Jason Cabrera spoke with Law360 to discuss the U.S. Department of Justice and the U.S. Equal Employment Opportunity Commission asking the Supreme Court to review two workplace bias cases that address what employment-related decisions can support a workplace bias allegation.

Companies Can’t Demand Silence for Severance, So Do This Before Signing

March 16, 2023

Michael Schmidt was quoted in The Muse discussing a ruling by the NLRB that restricts companies from demanding silence from laid-off employees through confidentiality, non-disclosure, and non-disparagement provisions in their severance agreements.

Employers Can No Longer Mute Departing Workers

March 06, 2023

Michael Schmidt was quoted in Inc. discussing the National Labor Relations Board overturning a 2020 ruling that allowed employers to make confidentiality and non-disparagement clauses a binding part of severance agreements.

Cozen O’Connor Recognized as a “Best Law Firm” in 30 Practice Areas Nationwide, 115 Practice Areas Regionally

November 30, 2022

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 30 practice areas nationwide and 115 practice areas regionally.

Supreme Court Will Review Damage Claims Incidental to Strikes

October 07, 2022

Daniel Johns was quoted in SHRM discussing how the Supreme Court might rule on how the NLRA typically pre-empts employer claims against unions under state law.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

Contacts

Thomas S. Giotto

Chair, Labor & Employment Department

tgiotto@cozen.com

(412) 620-6550

People

Awards

Cozen O’Connor Recognized as a “Best Law Firm” in 30 Practice Areas Nationwide, 115 Practice Areas Regionally

November 30, 2022

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 30 practice areas nationwide and 115 practice areas regionally.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

Related Practice Areas

Upcoming Event:

Navigating the New Labor Law Landscape: What Your Company Needs to Know

Philadelphia, PA 04/18/2024

Steven Millman and Benjamin Shechtman will present “Navigating the New Labor Law Landscape: What Your Company Needs to Know” at the Association of Corporate Counsel Greater Philadelphia's 16th Annual In-House Counsel Conference.

Event Details

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