Contact:
Rick Bergstrom or
Daniel P. Westman
Morrison & Foerster’s Employment and Labor Practice Group has practiced traditional labor law since the Wagner Act was passed
in 1935, and consequently has developed considerable expertise in all areas of traditional labor law. We have broad experience
in responding to union campaigns and election petitions, including working with line supervisors to avoid campaign-related
unfair labor practice (ULP) charges; litigating certification/election issues, including ULPs; negotiating contracts; and
establishing working relationships with unions post-election when necessary. Our attorneys are well versed in labor arbitration
and have substantial experience in practicing before the National Labor Relations Board and the California Public Employment
Relations Board. We have done extensive counseling work with clients on union avoidance, and have conducted numerous seminars
with companies on responding to employee questions about unions and creating an environment to remain union-free. Our management
representation experience covers a wide variety of industries, including manufacturing, retail, hotel and entertainment.
Representative Matters
California Superior Courts. We represented two California state courts - Sonoma and San Diego - in collective bargaining negotiations with unions representing
court employees. Negotiations resulted in collective bargaining agreements that were ratified and are now governing employment
relationships at each court
CEMEX. Following CEMEX’s win in a union election, the election certification was placed in jeopardy after the union filed multiple
election objections and ULPs, including several based on CEMEX’s decision to implement increased health, vacation and holiday
benefits and wage increases during the election campaign period. Morrison & Foerster was successful in having all of the objections
and ULPs dismissed and the election victory certified.
Siemens. We bargained over the effects of a plant closure and the resulting subcontracting of work occurring within weeks of a union
certification as a result of an NLRB election. Morrison & Foerster successfully argued that the closure and subcontracting
was in the works before the union campaign commenced. As a sign of counsel’s bargaining success, not one ULP was filed becuase
of the closure or subcontracting, and a contractual agreement was reached with the union, providing for the shutdown of the
facility.
