UNION-MANAGEMENT RELATIONS

Collective Bargaining/Grievance Handling/Strike Injunctions

Negotiated numerous collective bargaining agreements for a major paper distribution company throughout the United States and Canada.

Successfully defended discharge arbitrations for paper distribution company in Pennsylvania and Nevada, as well as a Southern Illinois steel company.

Won contract interpretation arbitration cases for a variety of clients on issues such as work assignments and vacation policies.

Successfully defended lawsuits alleging bad faith actions by a major railroad involving its maintenance of way workers.

Overturned an adverse arbitration award issued against a railroad involving severance pay for employees who were hired by the company to whom their work had been outsourced.

Union Avoidance

Defeated Teamsters Local 570 election petition at a warehouse-distribution facility in Baltimore.

Defeated an IBEW attempt to organize an 800-employee unit at a chemical plant in Pensacola, Florida.

Defeated Machinists’ election petition to organize a 700-person unit at a manufacturer of computer wafers in St. Peters, Missouri.

Obtained decertification of the Teamsters at a warehouse-distribution facility in Seattle, Washington.

Decertified the Teamsters at a national water company facility in East Chicago, Indiana.

Defeated Longshore and Warehouse Union’s election petition regarding 500 farm workers at a seed company’s genetic farms in Hawaii.

Defeated Steelworkers Union’s election petitions to represent hourly workers at oil refining facilities in Hartford and Granite City, Illinois.

Decertified United Food and Commercial Workers from an international agricultural company’s oil packaging facility in Fort Worth, Texas.

Defeated three Teamsters Union organizing petitions in Arkansas, each involving voting units greater than 1,000 employees.

Defeated the Teamsters Union’s petition to organize warehouse employees and drivers at a facility in central California.

Obtained decertification against the Teamsters Union at a San Diego transportation company.

§13(c) Experience

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 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.