Fighting for Workers' Rights
Not all labor disputes are resolved by voluntary agreement or interest arbitration. In some of these disputes, the absence of an agreement results in a strike, boycott, or other collective action by the workers or a lockout by the employer.
The firm advises its national and local clients regarding the myriad of issues that can arise out of strikes and other collective actions. In this area, we have worked extensively with Railway Labor Act unions as well as a wide range of different occupational groups subject to the National Labor Relations Act.
During strike preparations, we assist clients in anticipating and avoiding legal obstacles on the picket lines and at the bargaining table. And during strikes, we help with immediate emergencies (for example, injunctions and arrests). We also have broad experience helping clients defend lawsuits stemming from strikes, “corporate campaigns” or “strategic campaigns.” Through these engagements, we have gained deep expertise with novel legal issues that can arise, including legal claims made by employers involving tort law, constitutional law, the Racketeer Influenced and Corrupt Organizations Act (RICO), the Hobbs Act, and even the securities laws. Clients regularly seek the firm’s advice and representation with respect to such matters, both in considering whether and how to undertake particular activities and in responding to employers’ demands and claims once a campaign is underway.