Collective Labor and Works Councils

On behalf of a body for medical research institutes across Australia, opposed the attempts by the National Tertiary Education Union to place medical research institutes under more-stringent higher-education awards, which would cause MRIs to be subject to greater regulation. Sought changes to the Professional Employees Award to clarify coverage of medical researchers. Joined with APESMA, the professional staff's union, in opposing the NTEU. Appeared for the client in the hearing. The Commission dismissed the NTEU applications and in principle granted the changes to the Professional Employees Award.

Represented an Australian university in connection with collective labor issues. Our client was undergoing a transformative change in the competitive higher-education market. It introduced a fast-year college concept to enable all first-year students to have a better experience transferring from school to university. The client also introduced short courses and attempted to make an innovative enterprise agreement against the wishes of the union, the NTEU. Advised on all these issues and successfully advocated for the first issues in their arbitration before the Fair Work Commission.   

Represented an aerospace products manufacturer when, in the midst of negotiations over an initial bargaining agreement, the International Association of Machinists and Aerospace Workers Lodge 751 brought a class action against the client asserting claims for missed and improperly timed meal periods. Worked with the company’s labor negotiator and, after extensive negotiations, the union agreed to dismiss the class action without any payment.

Represented a Berlin-based real estate management company in negotiations with the works council regarding a works agreement on data privacy, the use of IT, and cybersecurity. 

Represented a Brazilian petrochemical company during an almost one-year strike by the USW at a plant in West Virginia. The representation included negotiating a new contract, strike preparation, and the handling of grievances. Two grievances proceeded to arbitration. In the first, the arbitrator upheld the company's decision to suspend five employees for safety violations following a severe storm which caused significant outages.

Represented a heavy equipment client in transactional employment due diligence as well as ongoing employment counseling during an asset purchase by our client. This transaction involved our client’s purchase of assets in a deal involving two buyers purchasing assets from a foreign seller exiting the US forklift distribution business. In connection with the acquisition, our client hired new employees previously employed by the seller, transferred existing internal employees from the buyer to the new operation, and established new practices and employment documents that will be used in branches throughout five Southwestern states.

Represented a major U.S. city and its police department in multiple unfair labor practice charges related to police reform efforts stemming from a Consent Decree with the U.S. Department of Justice.

Assisted a leading company in the hospital equipment sector in the closing down of a site. The scope included the implementation of the Collective Performance Agreement (“Accord de Performance Collective”) further to the Macron Ordonnance. Participated in the consultation of the Works Council and the Hygiene, Safety and Conditions at Work Committee, negotiations of the company agreement with the unions, and negotiations with a key executive for a retention package. 

Advised a major leading transportation company in an intra-group reorganisation of certain activities in Europe. Assisted in the consultation of employee representatives, collective procedures, and harmonisation of status and pensions schemes, as well as coordination of all jurisdictions.

Served as exclusive labor counsel nationwide to one of the United States' largest real estate investment trusts. Regularly handled collective bargaining, organizing drives, grievance processing, NLRB investigations, policy drafting and revision, and strategic advice both in Washington and across the United States. Advised the company on labor relations issues associated with its sale of a high-value (US$200+ million) residential property in New York City, as well as negotiating and applying labor contracts at more than 20 unionized properties in New York City and the surrounding area. Represented the client in an employment law dispute involving a former leasing agent in the Seattle area, and provided labor and employment law advice on a wide variety of workplace issues on a near-weekly basis.

Represented a lumber company in a union-organizing campaign in Northern Florida which resulted in no election, most unfair labor practice charges being dismissed, including claims that employees were unfairly disciplined and terminated, and the union request for Section 10(j) injunctive relief being denied.

Served as lead negotiator to an American subsidiary of a Japanese steel pipe manufacturer for the client's initial contract with USW in Southern California. Defended the client in related unfair labor practice charges. After more than three years of contentious negotiations and fighting through many unfair labor practice charges, the USW withdrew recognition in Spring 2017.

Represented a multi-jurisdictional misdemeanant jail composed of seven municipal entities in southern King County, Washington, on all aspects of labor and employment since its inception. Negotiated for an initial collective bargaining agreement, grievances, and administrative actions. The multijurisdictional nature of the entity, which serves seven member cities as well as contract agencies, presents unique issues in the public employment space.

Represented a Seattle, Washington-based public flagship research university on labor relations issues related to HRIS conversion, including coalition bargaining with multiple unions representing roughly 20,000 unionized employees. Negotiations were successful and the conversion was completed in the summer of 2017.