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Union-Management Relations

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Public Bargaining

Thompson Coburn attorneys handle employment matters for a number of public sector employers throughout the United States. We represent public clients in collective bargaining, the development of labor protection agreements, and resolving issues arising out of certification disputes and urban mass transit agreements. The types of labor protection issues involved include interest arbitration, subcontracting, successorship and paratransit operations. The representation often involves providing legal counsel in the negotiation of labor protective terms, impasse resolution and brief submittals to the U.S. Department of Labor (DOL), and state court proceedings. We have handled labor matters relating to mass transit in Boston, Massachusetts; Salt Lake City, Utah; and Dallas, Texas. 
Partners
Abramov, Hope K.
Anderson, Anthony A.
Godiner, Clifford A.
Poplstein, Charles M.
Sarsfield, Timothy J.
Starke, Jane Sutter
Woodman, G. Kent
  • American Water Company
  • Baldor Electric Company
  • Bunge North America
  • Bunzl USA
  • City of St. Charles, Missouri
  • Monsanto
  • Saint Louis Symphony Orchestra
  • Sigma Aldrich Corporation
  • The Kansas City Southern Railway
  • Trans States Holdings, Inc.
  • Union Pacific Railroad
§13(c) Experience

The firm advises the City of Colorado Springs on a broad range of §13(c) issues related to the City’s provision of transit services through contractor arrangements. Our representation involves direct interaction with the DOL and assistance regarding matters in litigation. 
We have assisted the Dallas Area Rapid Transit Authority (DART) on a broad range of §13(c) issues, including the development of the various arrangements certified by DOL for DART. We currently represent the transit authority in an arbitration at DOL initiated on behalf of approximately 450 claimants. 
We represented the New York City Department of Transportation in significant §13(c) disputes, pension and Federal Transit Administration (FTA) issues as well as litigation relating to service transitions and §13(c) issues. 
In response to a decision by the DOL, which found that certain employees were entitled to protective benefits pursuant to a §13(c) agreement, the firm’s attorneys filed an action on behalf of the Massachusetts Bay Transportation Authority against the Department and the individual employees seeking declaratory judgment and permanent injunctive relief. The suit challenged the administrative and adjudicative process used by the Department in reaching its decision and specifically challenged the Department’s failure to follow established §13(c) precedent by failing to require the employees to show that they suffered any compensable adverse impact which would entitle them to §13(c) protective benefits. The suit was successfully settled and resulted in the Department’s withdrawal of its decision. 
Transit employees who were adversely affected by service reductions and the closing of a bus facility filed §13(c) claims against the Santa Clara Valley Transportation Authority. In their claims, the employees maintained that the Authority's entire system was "federalized" by virtue of the Authority's receipt of federal capital and operating assistance. The employees also argued that the Authority's expenditures on its rail system resulted in service cuts to its bus system. Thompson Coburn’s mass transportation attorneys represented the Authority in the arbitration proceedings that resulted from the §13(c) claims. Extensive arbitration hearings were held before an arbitrator, who found in favor of the Authority.