Labor and Union Representation

Workers have always had to fight for fair and equitable treatment from their employers – unions exist so employees can advocate with a collective voice. At Spivak Lipton, we are committed to representing and supporting unions to:

●        Organize and engage in protected concerted activity

●        Negotiate collective bargaining agreements with employers

●        Engage in strikes and picketing when needed

●        Advise unions and non-unionized employees in organizing campaigns

●        Assist in public campaigns, including through social media, in support of organizing, contract negotiations, and other protected activity

●        Assist with union operations and governance best practices

●        Handle and litigate grievances, arbitrations, and federal and state court litigation

We have decades of experience in advocating for unions in both the private and public sectors. Our attorneys have been actively involved in the labor movement, including in union organizing, throughout their careers:

Organizing workers: The labor movement is growing, and we want to do everything in our power to develop and strengthen the importance and impact of unions as a vehicle for supporting workers’ rights. We offer our legal support and advocacy to assist unions in organizing new groups as well as workers seeking to unionize their workplace.

Negotiating contracts: We work closely with union leaders and bargaining committees to set priorities for collective bargaining, prepare proposals, strategize communications at the bargaining table, and address challenges that arise throughout the bargaining process with the goal of  reaching a favorable agreement.

Handling unfair labor practice charges: Workers have a right to organize, engage in union activities, and participate in good faith bargaining with their employers. We represent unions when they advocate for workers facing discrimination, harassment or retaliation while exercising or attempting to exercise these rights.

Contract administration and enforcement: A collective bargaining agreement is the foundation for unionized workers’ rights in the workplace. We advise union leadership on the day-to-day enforcement of these agreements, both through consultations and direct advocacy in grievances and arbitrations, as well as through litigation when judicial relief is appropriate.

Employer restructurings, relocation, closings and bankruptcies: When employers make changes in their businesses, unions may have to face complicated issues to protect employees’ wages and benefits. We advise unions facing such situations and advocate on their behalf in bankruptcy court, including through participation on creditor’s committees, and motion practice.

Advising on internal administration and operations: Leading a union is a challenging task. We offer labor unions sound legal advice and steady guidance in areas including elections, preparation and interpretation of governing documents, reporting and recordkeeping, employment of union staff, political action committees (PACs).

Litigation: Sometimes a union must assert or defend its rights in court or before an administrative agency. When that time comes, we have wide experience litigating cases before federal and state trial and appellate courts and administrative agencies, including the National Labor Relations Board (NLRB), the Public Employment Relations Board (PERB), the New York City Office of Collective Bargaining (OCB), and the Office of Administrative Trials and Hearings (OATH).