In the last three years, we have represented clients nationwide in more than 100 arbitrations, 30 union organizing campaigns, 75 labor negotiations, and countless labor-related litigation cases. For many years, we have adhered to a firm policy of limiting our labor practice to the representation of employers. The following is a summary of our practice in these matters.

Collective Bargaining
Our collective bargaining roles are determined by our clients' needs and wishes, but we routinely serve “in the trenches” as members of employers' collective bargaining teams. We will serve in whatever role best meets our clients' needs: as the chief spokesperson, as an advisor “at the table,” or as a behind-the-scenes legal consultant/strategist. Our attorneys have the skills and experience to bargain individually, engage in coalition bargaining, or coordinate multi-location and multi-union bargaining. We have bargained for clients in most major industries, including retail, media and communications, construction, heavy and light manufacturing, transportation, public utilities, and health care services, and we have bargained with the major unions at the international, regional, and local levels.

With companies experiencing rapid and fundamental changes, we counsel clients in planning for and negotiating organizational change such as the introduction of new technology, reduction of classifications, restructuring, integration of separate bargaining units, conversion of benefit plans, buyouts, alternative work force, contracting out, and facility relocation and/or closure.

In collective bargaining, Foley Labor & Employment attorneys emphasize:

• Careful and constant planning and preparation
• Extensive communications with senior executives and employees
• A thorough understanding of the client's negotiating goals and priorities and, when requested, assistance in establishing the goals and priorities
• Continuous focus on the company's long-term objectives
• Credibility with and the respect of the union
• Comprehensive strike contingency plans

Strike Management
Foley Labor & Employment attorneys have broad experience in preparing our clients for and responding to strikes. We prepare single- and multiple-facility strike contingency plans, coordinate clients' responses to strikes, advise on public relations matters, and handle all legal issues that may arise in connection with strikes. The legal issues include obtaining state court mass picketing injunctions, show cause orders, contempt citations, Boys Markets injunctions, Section 301 actions, Section 303 damage actions, and RICO actions. Our attorneys also represent employers in all proceedings before the National Labor Relations Board (NLRB) that result from a strike.

We assist clients in continuing operations in both peaceful and violent strikes, strikes in which the workforce returned to work, and those in which striking employees are permanently replaced.

Arbitration and Contract Administration
Our arbitration practice is varied and broad. Foley Labor & Employment attorneys have arbitrated almost every conceivable issue that can arise under collective bargaining agreements — from simple discipline cases to multi-million dollar plant closing and subcontracting issues.

Clients recognize that arbitrations can be used effectively as part of an overall labor strategy for change since some operational changes are more appropriately instituted through the arbitration process than through negotiations. As part of that strategy, we help clients identify those changes and develop the change scenarios that present the greatest chance for successful results in arbitration.

We also have extensive experience in advising employers on how to comply with union contracts, avoid grievances, and respond to grievances when filed. Our extensive knowledge of union contracts and their interpretation places us in an excellent position to assist our clients in this important aspect of the employer-union relationship.

Union Organizing Drives/Union Avoidance
With the unions currently pouring tens of millions of dollars into organizing activity, Foley's nationwide experience in union avoidance and union organizing drives can be helpful to clients. For non-union facilities, we routinely counsel on union avoidance considerations using a variety of programs and techniques, including human resource surveys, attitude surveys, and supervisory training in human resource and union organizing matters.

For clients targeted by unions, we use our experience in all aspects of the organizational campaign and NLRB election law. Among other things, we litigate appropriate bargaining unit issues; advise on the development of company campaign strategy and tactics and related legal issues; train supervisors in campaign and election matters; review campaign literature, speeches, and video; and assist in setting up company campaign Web sites, telephone updates, and other employee communication tools. We also counsel on decertification and deauthorization issues and campaigns.

Litigation Under the National Labor Relations Act (NLRA)
Foley attorneys have been litigating matters arising under the NLRA since its inception. We routinely represent employers in administrative matters before the NLRB and in litigation in the courts, and have appeared before the NLRB in most of its regions and in employment-related litigation. As appropriate, on matters of importance, we meet with NLRB general counsel, head of Division of Advice, regional directors and regional attorneys.

The following are examples of such matters:

• Representational issues
• Jurisdictional and work assignment issues
• Employee surveillance
• No-solicitation rules
• Wearing of union insignia
• Unilateral changes in terms and conditions of employment
• Discharges
• Replacement of strikers
• Lock-outs
• Contracting out
• Relocation of plants and plant shutdowns
• Mandatory and permissive subjects of bargaining
• Bargaining in bad faith
• Direct dealing
• Refusals to provide information
• Secondary boycotts
• 10(j) and 10(l) injunctions
• Ally, single, and joint employer issues
• Struck work, common situs picketing, and handbilling issues
• Successorship issues
• Union interference with Section 7 rights
• Union duty of fair representation
• Union discipline of union members
• Section 301 and Section 303 actions in federal court