The Legal 500

Jones Day handles significant traditional labor matters including major advice and litigation matters for BNSF Railway, American Commercial Lines, General Motors, Cooper Tire and Rubber Company, Century Aluminum and Sutter Health, as well as a wide variety of matters for other clients including CBS Corporation, Applied Medical Distribution and Memorial Sloan Kettering. Specifically, the firm recently secured a victory for Verizon Delaware Inc in an arbitration with the CWA, in which the Union alleged that Verizon violated the parties’ CBA by assigning the data portion of a FiOS “triple play” installation to technicians outside of the bargaining unit employed by Verizon Connected Solutions Inc. In another highlight case, General Motors Corporation (GM) retained the firm to provide advice regarding its labor-related negotiations with the United States Department of the Treasury and the United Auto Workers for a pre-bankruptcy Master Sale and Purchase Agreement that would result in a new post-sale GM. The firm advised GM on issues related to the transfer of employees and their benefits to the post-sale entity, as well as related collective bargaining and bankruptcy obligations. The firm also recently assisted the Minneapolis Star Tribune by providing strategic labor relations advice and collective bargaining assistance in connection with its bankruptcy proceedings, and assisted Sutter Health and its affiliated hospitals with strategic advice related to some of the most important and contentious labor negotiations in the health care industry. New York-based Willis Goldsmith, who is highly regarded for arguing Chamber of Commerce, et al v Brown before the US Supreme Court, is recommended. So too is Andrew Kramer; he has been directly involved in how companies and unions reshape their health care plans, with particular emphasis on retiree health care benefits. Kramer has been one of the lead negotiators and advisers on this issue for a number of major companies in several different industries, and has been at the forefront in establishing VEBAs in the automotive and rubber industries. Richard Shaw has substantial experience in advising clients on their obligations under the Worker Adjustment and Retraining Notification Act and other laws relating to reductions in force.

Morgan Lewis continues to impress with the quality of its labor law practice. ‘The firm’s traditional labor lawyers have excellent relationships with labor union leaders at the national level. This is due to the fact that these lawyers are not viewed as union-busters, but as effective advocates who play smart and fair and can be trusted when making a deal.’ ‘No other firm can match its experience in collective bargaining with traditional, blue-collar workforces’. The firm achieved a significant win in a federal appeals court, in which the Second Circuit reversed a district court decision that the Railway Labor Act prohibits Amtrak from disciplining an employee for improper conduct while he is acting as a union representative. In another matter, the firm’s labor law team won a union election among faculty for Education Management, the Art Institute of Seattle. The United Federation of Teachers (UFT) was trying to organize for the first time a for-profit institution in the State of Washington and had a very large public relations campaign. The UFT issued a press release before the vote indicating that it would be announcing its victory the next day and even brought its public relations team and professional photographers to the vote count. The final tally of ballots was 64 to 48 against union representation. The firm was also retained to provide advice to client Hewlett-Packard in connection with its first union- organizing campaign in the 71-year history of the company, and is assisting Continental Airlines with their traditional labor counseling and litigation, including with respect to the merger with United Airlines. It also assists Rolls-Royce North America with labor relations matters under several collective bargaining agreements at various facilities located throughout the United States and Canada. Joseph Santucci ‘achieves his clients’ objectives by forging working relationships with his opponents – both the union representatives and their attorneys’. Doreen Davis ‘has great experience – she has seen and heard it all’. ‘Clients love her because she is so tough’. Thomas Reinert and John Ring are also highly recommended. James Kelley is ‘fantastic not only in collective bargaining issues but with overall strategic advice. He is the ultimate trusted adviser’.

With Proskauer Rose LLP, ‘the significant difference that I’ve seen is that it seems to make “your problems ...its problems” and it has a passion for our business. I do believe it is the best firm.’ ‘Style is appropriate and professional for all who deal with us’. ‘I do believe that it is outstanding’. The firm continues to represent major sporting leagues, namely National Football League, National Basketball Association, Women’s National Basketball Association, National Hockey League, Major League Baseball and Major League Soccer. The firm is currently advising the NFL, the NBA, and MLB in connection with the negotiation of their collective bargaining agreements with their respective players’ unions. It also recently completed the successful renegotiation of the collective bargaining agreement between Major League Soccer and the union representing its players. The firm is also representing longstanding client The New York Times in two major labor negotiations, and served as special labor counsel to PN, the former owner of the Philadelphia Inquirer and Philadelphia Daily News, in its bankruptcy proceedings and eventual sale to its largest creditors. In further examples of the high-profile work the firm undertakes, it currently serves as outside labor relations and employee benefits counsel to Morgan Stanley Private Equity in connection with its existing portfolio companies and with respect to its proposed acquisitions, and is T-Mobile’s long-standing labor counsel, advising on legal work involving labor relations issues and strategies, in particular organizational activity by the Communications Workers of America. L Robert Batterman ‘is an excellent strategist and provides insightful advice’, he ‘knows the law and the business’. Bernard Plum ‘works as if he owned our business and I never question his judgment. He is simply the best’. Meanwhile Howard Robbins has ‘excellent attention to detail, is responsive, and very smart’. Michael Lebowich and Neil Abramson are also highly recommended. New partner hire, from McDermott Will & Emery LLP, Scott Faust is ‘good in negotiations and demonstrates understanding of the labor issues’. The firm also recently welcomed Ronald Meisburg, the former board member and general counsel of the National Labor Relations Board, and Gary Dellaverson, formerly the chief labor negotiator and chief financial officer for the New York Metropolitan Transit Authority.

At Jackson Lewis LLP, ‘the level of service is fantastic’. ‘Calls are returned promptly with competent advice provided’. ‘The firm put me in touch with attorneys who are experts in the areas I am dealing with – there is not a territorial feeling – just whoever can do the best job for me the most quickly’. ‘The value for the price is the best I’ve found – and after using many different firms for the past 20 years – I feel confident that I get the best work for the best price’. The firm advises clients whether they are union-free, partially unionized or fully unionized on strategic, proactive preventive labor relations programs. Its labor lawyers have represented employers in thousands of matters before arbitrators, mediators, the National Labor Relations Board, state labor boards, government agencies, and in state and federal courts. More generally, the firm advises employers regarding legislative initiatives such as the Employee Free Choice Act, corporate campaigns, neutrality agreement requests, union organizing, NLRB elections, contract negotiations, grievance and arbitration proceedings, unfair labor practices, traditional third party pressures (such as picketing or hand billing), new age public appeals (such as websites and blogs), work stoppages, purchase/sales, reductions and reorganizations, as well as the entire range of pre and post-hire employee relations issues. Leader of the firm’s labor practice group Philip Rosen is an ‘expert labor lawyer – he has impressive presentation skills and knows how to talk with high-level executives and gain their confidence’. Peter Moss is ‘an incredibly knowledgeable labor attorney – fabulous writer, trainer and legal strategist’. In White Plains, Tom Piekara is ‘responsive, knowledgeable and provides advice with the practicalities in mind of the business involved. He provides excellent subject matter expertise’. Managing partner of the firm’s San Francisco office, Bradley Kampas’ ‘strengths are in the area of traditional labor law; in organizing campaign strategy and contract negotiation’. Atlanta-based Jeffrey Mintz is also highly recommended.

In the area of traditional labor relations, Ogletree, Deakins, Nash, Smoak & Stewart, PC has worked with clients across the country in hundreds of union organizing drives. It has advised clients on some of the largest and most significant union organizing drives in the United States involving airlines, hospitals and freight deliverers, among many others. If a petition for union representation or decertification is filed with the NLRB, the firm’s attorneys work closely on or off-site with its client’s management team throughout the election process to ensure compliance with applicable law. Its lawyers also represent clients in unfair labor practice proceedings before the NLRB, labor contract negotiations and arbitrations. Areas of expertise include union avoidance training and union election campaigns. Homer Deakins has extensive experience in all aspects of labor relations law, and in recent years has handled some of the largest and most highly publicized union elections in the United States on behalf of employers. Kim Ebert is seasoned as a chief spokesperson in collective bargaining and has defended employers in over 200 arbitrations. In Greenville, Mark Stubley has experience in successfully defending union organizing campaigns and in developing and implementing preventive labor relations programs for clients throughout the United States. Stubley is also a skilled labor negotiator, adviser and litigator. Rodolfo Agraz has represented clients in the retail distribution, teleservices, chemical, medical laboratory, and automotive industries throughout the United States during union organizing attempts and litigation before the NLRB.

Seyfarth Shaw ‘consistently gets my top scores on all service-related matters’. ‘It is very responsive, yet thorough’. ‘It is expert in its field, but also business minded and pragmatic. It is very client centric, but appropriately honest when it believes a client is taking a risk. Because it staffs appropriately and works diligently, it provides an outstanding value to the client’. The firm has one of the largest labor relations practices in the United States. It is recognized for its expertise and the results that it has delivered for clients in areas such as collective bargaining, labor arbitrations, anti-corporate campaigns and union organizing campaigns. Of particular note over the past year have been the firm’s achievements in the airline, hospitality, telecommunications and printing/publishing industries. Recently, the firm represented The Pittsburgh Post-Gazette in negotiations with its 10 labor unions that resulted in $18m in savings for the company. Practice head Bradford Livingston’s ‘skills are outstanding’. Joe Damato ‘is an outstanding lawyer and always reliable’. Clients appreciate his ‘honesty, his thoughtful and thorough approach to issues, and his fantastic client skills’. Stacy Shartin ‘has a unique ability to find a way to relate to everyone on all sides of an issue. He is aggressive in substance, but wraps his expertise in a relaxed and comfortable demeanor. He is unflappable in tense situations and quickly can bring reason and sanity to the most difficult situations’. John Toner, who previously held positions at the National Labor Relations Board and the Federal Mediation and Conciliation Service, Jeremy Sherman and Peter Chatilovicz are also recommended. Joel Kaplan and Arthur Telegen are also leading attorneys in this field. In 2010, the firm welcomed Jeffrey Berman from Sidley Austin LLP, who represents health care institutions in their traditional labor and employment matters.

While the National Labor Relations Act is the basis for much of the work Reed Smith LLP does, its labor attorneys also assist today’s employers in dealing with numerous federal, state, and local statutes and regulations governing the workplace. The firm’s labor group represents management with unionized workforces or where the priority is to remain union free. Its practice consists of counselors and trial lawyers, who handle the many aspects of labor law with which companies have to deal, throughout the various stages of a company’s life cycle. The firm has excellent working relationships with the NLRB and other federal, state, and local administrative agencies; with labor arbitrators throughout the country who hear disputes arising under collective bargaining agreements; with unions; and with judges and court personnel. The firm represents employers in virtually every industry and many on a multi-state, regional or national basis. It also represents more than 200 public employers for labor and employment matters, including cities, counties, statewide agencies, townships, boroughs and municipal authorities. Recently it advised Tenet Healthcare Corporation/Hahnemann Hospital on all phases of a union organizing campaign for a potential bargaining unit of 700 plus registered nurses, to include campaign strategy and litigation of unfair labor practice charges and post election objections. The much-admired Karl Fritton splits his time between Philadelphia and Chicago. Eugene Connors, Casey Ryan and William Bevan are all highly recommended.

Vedder Price is ‘very responsive with a good knowledge of the legal issues surrounding union negotiations’, and compared to most firms, clients attest that it is ‘better and more cost effective’. ‘Response time is exceptional, clarity of response and relevance to question asked is also exceptional. For a larger law firm, the turnaround time and quality/thoroughness of response received without going to multiple attorneys is what sets this firm apart’. The firm has extensive experience in successfully negotiating collective bargaining agreements on behalf of management with representatives of virtually every major union in the country and offers ongoing advice to its clients during union election campaigns. Although the avoidance of needless strikes is a primary goal, the firm can also provide support when strikes do occur. The firm has been successful in obtaining injunctive relief against violent picketing and breach-of-contract strikes and is experienced in supporting pre-strike planning from a legal and practical perspective, including strike preparation manuals and supervisory training. Thomas Wilde chairs the labor and employment group. Specialist labor management relations specialists include Larry Casazza, Kenneth Sparks and Neal Korval. Lyle Zuckerman is praised for his ‘communication and negotiation tactics’. In Chicago Kevin Hennessy is ‘a stellar employee/labor relations attorney. His advice is practical, swift and thorough’. One client says ‘I’ve used other labor attorneys from other major law firms, and he is by far the most clear, direct, and prompt with his advice and guidance’.