Union Attorneys in New York, NY

As union attorneys in New York, NY, we represent labor unions in a variety of matters. We advise unions in legal issues such as labor organizing (i.e., elections) collective bargaining agreement negotiations, unfair labor practices, and grievance handling.

Labor Organization

Union attorneys may handle legal issues with respect to labor organization, such as union elections and union memberships.

Collective Bargaining Agreement Negotiations

The collective bargaining agreement (CBA) is a negotiated contract between the labor union, representing the workers, and the employer that outlines the basic terms and conditions of employment and the responsibilities and rights of the labor union and employer.

Key terms and conditions in a CBA are wages and compensation, hours of work, benefits, works rules and conditions, seniority and promotion, grievance and dispute resolution process, union rights, discipline and termination, management rights, and duration and renewal.

Generally, managers and supervisors are not covered by the CBA because the managers represent the company and usually enjoy better pay and benefits. However, most CBAs would include a provision on the category of employees excluded from the CBA’s coverage, and this provision would control who and who are not covered by the CBA.

Unfair Labor Practices

Unfair labor practices are prohibited acts of both the employer and the workers in the context of labor relations.

For employers, it is prohibited to interfere with union activities and with employee rights concerning union activities, to retaliate against employees engaging in protected union activities, and to engage in lock outs that discourage union activities.

For labor unions, it is prohibited to interfere with the employee’s rights to join or not join a union and to collect excessive or discriminatory fees.

Union attorneys provide legal advice to labor unions on causes of action and remedies in cases of unfair labor practices committed by both the employer and the union.

Grievance Handling

The grievance procedure is a mechanism provided in the CBA to handle complaints of the workers against the employer and other CBA violations. The union attorney’s role is to represent the workers’ interests and rights with the employer.

Federal Versus State Labor Law

Most private-sector union activity in the United States is governed by federal law — primarily the National Labor Relations Act (NLRA) and its enforcement body, the National Labor Relations Board (NLRB). The NLRA covers the right to organize, the duty to bargain, the conduct of representation elections, and the body of law governing unfair labor practices. Public-sector unions in New York are governed by the Taylor Law (Public Employees' Fair Employment Act), which is administered by the Public Employment Relations Board (PERB). Public-sector law is meaningfully different from private-sector law; for example, public employees in New York generally do not have the right to strike, while private-sector employees do. We advise unions and their members in both forums, and the strategy in each forum is distinct.

Representation Elections and Card-Check Recognition

The traditional path to union representation in the private sector is a secret-ballot election conducted by the NLRB. The union files a petition supported by a showing of interest from at least 30 percent of the proposed bargaining unit, the NLRB determines the appropriate bargaining unit, and an election is held. A majority of votes cast determines the outcome. Alternatively, an employer may voluntarily recognize a union based on a showing of authorization cards signed by a majority of the unit. The 2023 NLRB Cemex decision strengthened the union's ability to seek recognition based on cards when an employer engages in unfair labor practices that taint the election environment. We help unions navigate the procedural rules at every stage of the representation campaign.

Bargaining Unit Determination

Who is "in" the bargaining unit affects everything that follows. Unit determination considers the community of interest among the proposed employees — shared supervision, similar wages and benefits, common skills, geographic proximity, and history of collective bargaining at the employer. The NLRB sometimes finds appropriate "wall-to-wall" units that include all production and maintenance employees, sometimes finds smaller units appropriate where the community of interest is narrower, and sometimes carves out groups like supervisors, confidential employees, or managerial employees who are excluded by statute.

Negotiating a First Contract

Winning the election is only the beginning. The hardest part of unionizing is often negotiating the first collective bargaining agreement. Employers frequently drag their feet, propose terms that are no better than what employees already had, or refuse to move on key issues. Federal law requires the parties to bargain in good faith, but does not require either side to agree to particular terms. We help unions develop bargaining proposals, prepare for sessions, document the employer's bargaining behavior in case unfair labor practice charges become necessary, and pursue first-contract arbitration where available.

Strikes, Lockouts, and Job Actions

The right to strike is a fundamental tool of organized labor under the NLRA, but strike rights come with risk and require careful planning. Economic strikers, who strike to compel better wages or working conditions, generally cannot be discharged but can be permanently replaced. Unfair labor practice strikers, who strike to protest employer ULPs, cannot be permanently replaced and must be reinstated when they offer to return. Lockouts are the employer's defensive counterpart and are lawful under most circumstances. Less drastic job actions — work-to-rule, sick-outs, informational picketing — also have their own legal rules. We advise unions on which tool to use, when, and how to maximize impact while staying within the law.

Union Security Clauses

Union security clauses require employees in a bargaining unit to pay dues or fees to the union as a condition of employment. Their enforceability depends on whether the relevant jurisdiction is a right-to-work state. New York is not a right-to-work state, so union security clauses remain enforceable for private-sector employees here. For public-sector employees, the Supreme Court's 2018 Janus v. AFSCME decision held that compulsory agency fees violate the First Amendment. Public-sector unions must now obtain affirmative consent from each member to deduct dues. We advise unions on compliance with Janus and on the design of membership and dues processes that maintain financial stability after Janus.

Internal Union Governance

Unions are themselves legal entities with constitutions, bylaws, officers, and members. They are subject to the Labor-Management Reporting and Disclosure Act (LMRDA), which guarantees union members basic rights including equal voting rights, freedom of speech and assembly within the union, due process in disciplinary proceedings, and access to the union's collective bargaining agreements. We advise on internal elections, trusteeships, disciplinary proceedings, and disputes with international unions over local autonomy.

Grievance and Arbitration Practice

Most CBAs include a multi-step grievance procedure ending in binding arbitration. The grievance procedure typically starts with an informal conversation between the steward and the supervisor, progresses through written grievances and meetings with higher levels of management, and ends with an arbitration before a neutral arbitrator. Arbitration involves witness testimony, documentary evidence, briefs, and an arbitrator's written award. The award is generally enforceable in court and is reviewed only on narrow grounds. We have litigated arbitrations in industries ranging from healthcare to transportation to building services, and we have argued cases to confirm and vacate arbitration awards in federal and state court.

Successor Employers

What happens to the union and the CBA when a unionized employer is sold? Under federal labor law, a successor employer is generally not bound by the predecessor's CBA, but it does have a duty to bargain with the union if it hires a substantial number of the predecessor's workforce in a substantially similar enterprise. Successorship questions arise frequently in healthcare, manufacturing, and building services, and the strategic moves on day one of the new ownership often determine whether the union survives the transition. We advise unions on negotiating with successor employers and on enforcing successorship rights where they exist.

Welfare and Pension Funds

Many unions sponsor multi-employer welfare and pension funds that provide healthcare and retirement benefits to members. These funds are regulated by ERISA and the Multi-Employer Pension Plan Amendments Act (MPPAA). Trustees of these funds owe strict fiduciary duties to the participants. Failures of trustee duty, withdrawal liability disputes, and benefit-eligibility disputes all generate litigation. We help unions, fund trustees, and fund participants navigate these complex issues.

Coordinated Bargaining and Multi-Employer Units

Some industries — construction, building service, hotels — have a tradition of multi-employer bargaining, in which a union negotiates a master agreement covering many employers at once. Coordinated bargaining strengthens the union's hand by allowing it to take coordinated action against multiple employers. The legal framework for multi-employer bargaining is complex, and individual employers sometimes try to withdraw from the multi-employer unit at strategic moments. We advise on the rules and timing of withdrawal and on the legal consequences of various employer maneuvers.

Call Our Office

Labor relations are a complex matter. It is important to be represented by experienced union attorneys in issues relating to and between labor unions, the employers, and the workers. Should you need assistance in union matters, we, at the Law Offices of Albert Goodwin, are here for you. Our offices are in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].