Labor Relations for Management
When a workplace has a union, negotiation between employees and employers defines the terms that govern certain aspects of the workplace. The legal contract that defines these terms is called a collective bargaining agreement (CBA). This document defines the terms of the condition of employment and includes details about things like wages and hours. MLG’s attorneys, Robert Milman, Richard Milman, Perry Heidecker, and Joe Labuda between them they, have over 125 years of collective legal careers and have negotiated hundreds (if not thousands) of labor agreements with various unions within the New York Metropolitan area in the various industries it services (hyperlink to Industries page). We are experienced in both traditional and interest-based bargaining. Our clients frequently call upon the attorneys that make up the Traditional Labor Law for Management to assist them in collective bargaining, including drafting, reviewing, and revising collective agreements. We also prepare bargaining proposals and collective agreement language for our clients. We advise our clients on the strategy and tactics of effective negotiation. Most of the time, we serve as the chief negotiators at the bargaining table but have also served as behind-the-scenes advisors. We also represent clients in disputes arising out of the collective bargaining process. Finally, given the trend of open shops and project labor agreements in the construction industry, we now advise our clients on the potential risks and compliance issues related to project labor agreements or prevailing wage contracts
Our attorneys have extensive experience counseling and representing union and non-union employers in all labor-management interactions. The firm believes that preventive counseling is of greater value in labor and employment law issues than in any other area of law.
We counsel unionized employers on all aspects of union workforce management. We advise employers on day-to-day labor matters such as discipline and discharge, counsel them in challenging situations such as workforce strikes and guide them through compliance with collective bargaining agreements, statutes, and regulations (including the NLRA and ERISA). We also help businesses evaluate structural compliance – for example when setting up a double-breasted operation or avoiding withdrawal liability in connection with terminating a union relationship.
Advising employers before problems arise is one of the most critical services the attorneys that make up MLLG’s Traditional Labor Law for Management practice provide. We encourage clients to consult with us before difficult employment decisions must be made. We analyze the facts and circumstances, consider the options, and assess the risks. Then we make a reasoned decision and advise our clients accordingly. In furtherance of our preventive counseling approach, we work closely with clients in drafting personnel policies, employee handbooks, drug testing programs, drafting employment and separation agreements, establishing testing programs, and conducting management training in areas of sexual harassment, EEO, and union avoidance.
For non-union or partially unionized facilities, we can provide counsel on union avoidance considerations using various programs and techniques, including human resource surveys, attitude surveys, and supervisory training and persuaders. If a union targets your company, we leverage our experience in all aspects of the organizational campaign and NLRB election law to litigate relevant election issues; advice on the development of company campaign strategy and tactics and related legal issues; train supervisors in the campaign and election matters; review campaign literature, speeches, and video; and assist in setting up company campaign websites, telephone updates, and other employee communication tools. We also counsel on decertification issues and campaigns.
For Unionized facilities that are signatories to a collective bargaining agreement, almost every collective bargaining agreement includes a grievance and arbitration clause. The clause provides a process for a union and employer to resolve disagreements concerning interpretations or applications of an existing collective bargaining agreement (CBA). Grievance arbitration is a common mechanism for resolving CBA disputes in all sectors and industries. Parties often use it as an alternative to work stoppages such as strikes or lockouts. Grievances are among the most common legal matters union companies face. Navigating the grievance process requires skill and experience. On a fundamental level, it also requires analyzing and interpreting the collective bargaining agreement. Our firm established itself as a well know boutique labor law firm representing hundreds of employers through the grievance arbitration mechanism in collective bargaining agreements that are clients are signatories. Traditional labor Law Management handles a plethora of grievance arbitrations every year. Throughout our careers, we have handled hundreds of discipline-related and contract-related grievances for Employers.
In 1935, Congress passed the National Labor Relations Act (“NLRA”), making clear that it is the policy of the United States to encourage collective bargaining by protecting workers’ complete freedom of association. The NLRA protects workplace democracy by providing employees at private-sector workplaces the fundamental right to seek better working conditions and designation of representation without fear of retaliation. The National Labor Relations Act protects most employees, whether unionized or non-unionized. The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 and vested with the power to safeguard employees’ rights to organize, engage with one another to seek better working conditions, choose whether or not to have a collective bargaining representative negotiate on their behalf with their employer, or refrain from doing so. The NLRB also acts to prevent and remedy unfair labor practices committed by private-sector employers and unions and conducts secret-ballot elections regarding union representation. MLG has a well-deserved reputation as one of the most prominent and effective law firms appearing before the National Labor Relations Board. Traditional Labor Law for Management Lawyers frequently and regularly appear on all matters before the Board relating to unfair labor practice cases, bargaining rights, representation hearings, and injunctions cases. We are well regarded for our command of the procedural and substantive law governing procedures before the Board.
Due diligence is a process of verification, investigation, or audit of a potential deal or investment opportunity to confirm all relevant facts and financial information and to verify anything else that was brought up during an M&A deal or investment process. In addition, Due diligence ensures that the target is materially compliant with laws that regulate the target’s business. As a result of the never-ending expansion of labor and employment laws, the due diligence process is so crucial in mergers, acquisitions, sales, and divestiture transactions that the labor and employment due diligence process have now become indispensable. It is now necessary for corporate transactions to ensure the target company abides by various labor standards that the federal, state, and local governments enacted. Regardless of whether the deal is structured as an equity acquisition or an asset sale, the liability exposure to a buyer or seller is significant. Our attorneys have represented employers on both sides of a transaction and have successfully evaluated and advise clients of the potential risks discovered during due diligence — and helped you avoid any serious legal ramifications and liability.
Employment Law for Management
Milman Labuda provides robust legal services to individuals and businesses facing discrimination claims.
We understand the gravity of these allegations and the impact they can have on individuals and
organizations. Our experienced attorneys aggressively and diligently defend our clients against claims of
race, ethnicity, and gender discrimination, advocating for their rights and ensuring fair treatment. We
conduct thorough investigations, gather evidence, and strategize effective defense strategies to
challenge the allegations and protect our clients' reputations. With a deep understanding of
employment laws and discrimination regulations, we provide expert guidance and representation in
negotiations, mediations, and courtroom proceedings. Our goal is to provide a strong defense, helping
our clients navigate the complexities of discrimination cases and achieve the best possible outcome.
Milman Labuda provides comprehensive legal services to help businesses establish clear and effective
workplace policies. We understand the importance of having well-crafted personnel policies and an
employee handbook that aligns with legal requirements and best practices. Our experienced attorneys
work closely with clients to understand their specific needs and objectives. We assist in drafting and
reviewing personnel policies and employee handbooks that address areas such as employment
classifications, anti-discrimination and harassment policies, code of conduct, leave and benefits,
disciplinary procedures, and more. We ensure that these policies comply with applicable laws and
regulations while promoting a positive and inclusive work environment. By providing guidance on
personnel policies and handbooks, we help businesses establish a solid foundation for their employment
practices, mitigate legal risks, and promote consistency and fairness among employees.
Milman Labuda provides comprehensive legal services to help businesses address workplace issues and
ensure compliance with laws and regulations. We understand the importance of maintaining a safe and
ethical work environment, free from misconduct and unlawful practices. Our experienced attorneys
conduct thorough investigations into allegations of workplace misconduct, such as harassment,
discrimination, or ethical violations. We handle the process with sensitivity and objectivity, gathering
evidence, interviewing witnesses, and providing recommendations for appropriate actions and
remedies. Additionally, we offer workplace audits to assess compliance with employment laws,
regulations, and internal policies. Our audits identify areas of non-compliance or potential risks and
provide guidance on implementing best practices and corrective measures. By conducting investigations
and workplace audits, we assist businesses in fostering a positive work environment, addressing issues
proactively, and mitigating legal and reputational risks.
Milman Labuda provides strong legal representation to businesses facing employment-related disputes
and litigation. We understand the complexities and potential consequences of these cases and offer
comprehensive defense strategies tailored to our clients' needs. Our experienced attorneys handle a
wide range of employment-related claims, including wrongful termination, discrimination, harassment,
retaliation, wage and hour violations, and breach of employment contracts. We conduct thorough
investigations, gather evidence, and develop robust defense strategies to protect our clients' interests.
We represent our clients in negotiations, mediations, arbitrations, and courtroom proceedings,
advocating vigorously on their behalf. With our deep understanding of employment laws, regulations,
and case precedents, we strive to achieve the best possible outcomes for our clients while minimizing
legal risks and preserving their reputation.
Milman Labuda provides comprehensive legal services to help businesses establish clear and effective
workplace policies. We understand the importance of having well-crafted personnel policies and an
employee handbook that aligns with legal requirements and best practices. Our experienced attorneys
work closely with clients to understand their specific needs and objectives. We assist in drafting and
reviewing personnel policies and employee handbooks that address areas such as employment
classifications, anti-discrimination and harassment policies, code of conduct, leave and benefits,
disciplinary procedures, and more. We ensure that these policies comply with applicable laws and
regulations while promoting a positive and inclusive work environment. By providing guidance on
personnel policies and handbooks, we help businesses establish a solid foundation for their
Milman Labuda provides expert legal guidance and support to businesses in managing their workforce
effectively. We understand that human resources play a critical role in creating a positive work
environment and ensuring compliance with employment laws. Our experienced attorneys offer
comprehensive counseling services, assisting clients in navigating a wide range of HR-related matters,
including employee relations, performance management, workplace investigations, policy development,
and compliance issues. We provide practical advice and guidance to help businesses make informed
decisions and mitigate legal risks. Additionally, we offer customized training programs designed to
educate managers and employees on various HR topics, such as anti-discrimination and harassment
prevention, effective communication, diversity and inclusion, and regulatory compliance. By offering HR
counseling and training, we empower businesses to create a harmonious workplace, enhance
productivity, and maintain legal compliance.
Milman Labuda provides comprehensive legal services to both employers and employees, ensuring that
their interests and rights are protected in the employment relationship. Our experienced attorneys
assist in drafting, reviewing, and negotiating employment agreements that define the terms and
conditions of employment, including compensation, benefits, duties, and termination provisions. We
also work closely with clients to develop and enforce restrictive covenants, such as non-compete and
non-solicitation agreements, to protect proprietary information, trade secrets, and client, workforce and
vendor relationships. We provide guidance on the enforceability of these agreements, conduct audits to
assess compliance, and represent clients in litigation if disputes arise. Our goal is to help clients navigate
the complexities of employment agreements and restrictive covenants, safeguard their business
interests, and ensure a fair and balanced employment relationship.
Milman Labuda provides expert legal services to businesses facing litigation and compliance issues
related to employee benefit plans. We understand the complexities of Employee Retirement Income
Security Act (“ERISA”) regulations and the potential risks associated with non-compliance. Our
experienced attorneys assist clients in defending against claims involving ERISA violations, including
breach of fiduciary duty, mismanagement of retirement plans, denial of benefits, and other related
matters. We conduct thorough investigations, analyze plan documents and administrative procedures,
and develop robust defense strategies to protect our clients' interests. We represent our clients in
negotiations, mediations, and courtroom proceedings, advocating for their rights and minimizing legal
liabilities. With our in-depth knowledge of ERISA laws and regulations, we strive to deliver effective
defense strategies that help businesses navigate complex ERISA issues and achieve the best possible
outcomes.
Milman Labuda provides comprehensive legal services to businesses seeking to establish effective
whistleblower programs and ensure regulatory compliance. We understand the importance of fostering
a culture of integrity and transparency within organizations. Our experienced attorneys assist clients in
developing and implementing whistleblower policies and procedures that encourage employees to
report misconduct, fraud, or other violations without fear of retaliation. We offer guidance on
establishing internal investigation protocols, protecting whistleblowers, and conducting thorough
investigations into reported allegations. Additionally, we provide advice on compliance with various laws
and regulations, including anti-corruption laws, securities regulations, and industry-specific
requirements. Our goal is to help businesses establish robust compliance programs, mitigate risks, and
address potential violations, ultimately promoting ethical behavior, regulatory compliance, and
corporate accountability.
Milman Labuda provides expert legal services to businesses navigating the complex landscape of
employee benefits and executive compensation programs. We understand the critical role that these
programs play in attracting and retaining top talent while ensuring compliance with relevant laws and
regulations. Our experienced attorneys assist clients in designing, implementing, and maintaining
comprehensive benefit plans that align with their organizational objectives. We provide guidance on
matters such as retirement plans, health and welfare benefits, executive compensation arrangements,
equity-based incentives, and employee stock option plans. We navigate the intricacies of ERISA, tax
laws, and other regulatory frameworks to ensure compliance and mitigate legal risks. Additionally, we
offer advice on benefit plan governance, fiduciary responsibilities, and resolving benefit disputes. Our
goal is to help our clients optimize their employee benefits and executive compensation programs,
promote compliance, and provide competitive rewards to their workforce.