Employment, Labor & Benefits

Labor-Management Relations & Labor Disputes

With union and non-union workers gaining more protections under federal and state labor laws, it is more important than ever for your business to have counsel with the experience to handle traditional labor issues as well as develop proactive labor relations strategies to keep your business running smoothly. Our Labor Practice has the ability to handle even the most high-profile labor matters throughout the United States.

Our attorneys have represented management in some of the toughest labor disputes and negotiations, including appearing before the National Labor Relations Board (NLRB) in Section 10(j) injunctions and litigating in state and federal court injunction proceedings related to mass picketing and strikes. We routinely advise clients on collective bargaining issues, union avoidance, contract administration, and mergers and acquisitions transactions, and we regularly represent clients before the NLRB with respect to unfair labor practice charges and union election proceedings.

Quick Facts


  • 100+ labor arbitrations, including discharge and contract interpretation cases
  • Experienced in mediations before federal and state mediation agencies and the American Arbitration Association
  • Represent management in labor matters throughout the United States
  • Decades of labor experience
  • Clients include public and private sector organizations, ranging from start-ups to Fortune 500 companies and major cultural institutions
  • Federal, state, and local government relations and strategic public relations services available through our subsidiary, ML Strategies, LLC

Areas of Focus

  • Arbitration
    • Counsel clients on disciplinary matters to avoid grievances or to defend arbitrations
    • Handle grievances before federal and state mediation agencies and the American Arbitration Association
    • Obtain court orders staying arbitration
    • Appeal arbitration decisions in court

  • Collective bargaining
    • Counsel, strategize, and lead negotiations for management
    • Draft contract provisions

  • Defeating union organizing
    • Implement prevention programs
    • Provide representation before the NLRB and courts
    • Counsel clients regarding the design and implementation of management campaigns

  • Strikes, boycotts, picketing
    • Obtain court and NLRB injunctions
    • Monitor strike activity
    • Counsel on discipline and strategy opposing work stoppages and picketing
    • Oppose secondary boycotts

  • Union negotiation experience
    • 1199 United Healthcare Workers East
    • 32BJ Property Service Workers Union
    • District Council 37 American Federation of State and County Municipal Employees
    • Hotel and Restaurant Workers
    • International Brotherhood of Electrical Workers Union
    • International Union of Operating Engineers
    • Retail Clerk Locals
    • Service Employees International Union
    • State Nursing Associations
    • Steelworker Locals
    • Teamster Locals
    • UNITE HERE
    • United Brotherhood of Carpenters

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New York 212.692.6741
David M. Katz

David M. Katz

Associate

New York 212.692.6844
Boston 617.348.3077
Case Study: Dial-a-Mattress

Represented the company in a full-panel NLRB hearing in Washington, DC. The case involved the NLRB’s reconsideration of the definition of “employee” under the National Labor Relations Act (NLRA). We successfully convinced the NLRB to retain the long-lasting definition, upholding the dismissal of an unfair labor practice charge against our client.

Case Study: Longy School of Music of Bard College

Retained by Longy to handle union negotiations adverse to the American Federation of Teachers. Following a fundamental realignment of the school, the NLRB pursued a Section 10(j) injunction against Longy in federal court. The court largely rejected the NLRB’s request for injunctive relief, and the case received positive press coverage. Afterward, we were able to achieve a favorable first-time union collective bargaining agreement.

Representative Experience

  • Advised Asylum Visual Effects, a visual effects company for the television and movie industry, on various management and employment issues.
  • Successfully obtained concessions and workforce reductions in collective bargaining for a variety of confidential employers.
  • Settled a collective bargaining agreement with a hotel’s employee union.
  • Advised and counseled the Leukemia & Lymphoma Society regarding various employment issues.
  • Represented and counseled the Moinian Group, one of the country’s largest privately held real estate firms, in various grievances and collective bargaining issues with the building workers’ union (Local 32BJ and 670).
  • Counseled a nationally prominent hospitality company on corporate restructuring and employment issues. Limited liability corporations were created and senior executive agreements negotiated.

Clients We Serve

  • Employers in union and non-union settings
  • Established companies of all sizes
  • Fortune 500 companies
  • Major cultural institutions
  • National hospitality companies
  • Private sector organizations
  • Public sector organizations
  • Start-ups

  • Supermarket News Walkouts Signal Increased Labor Tensions for Wal-Mart Donald W. Schroeder is quoted discussing Wal-Mart’s decision to file an unfair labor practice charge with the National Labor Relations Board regarding worker walkouts and demonstrations by the group OURWalmart.
  • Christian Science Monitor Black Friday Walkout: Why Wal-Mart is Focus of Labor’s Struggle Donald W. Schroeder discusses the labor issues Wal-Mart is currently facing.
  • Corporate Counsel What Can GCs Learn from Wal-Mart’s Black Friday? Donald W. Schroeder is quoted discussing the reasons why in-house counsel should pay attention to Wal-Mart’s labor dispute.
  • Corporate Counsel NLRB Rules on Keeping Employees from Discussing HR Investigations Michael S. Arnold is quoted discussing a recent ruling by the National Labor Relations Board which stated that a blanket policy requiring employee confidentiality in the course of an HR investigation violates employees’ rights to engage in concerted activity.
  • Crain’s New York Business Target to Temporarily Close Store in Union Fight Donald W. Schroeder is quoted discussing Target’s decision to close a Long Island store for renovations during a union drive.