ORGANIZING CASES

As of March 15, 2023 -

Spivak Lipton proudly assists its union clients with their efforts to grow the labor movement by organizing new workplaces, whether through voluntary recognition or a National Labor Relations Board (NLRB) election.  The firm regularly represents unions in NLRB proceedings in which employers attempt to dispute workers’ eligibility to vote, misclassify employees as independent contractors, or otherwise argue that a proposed bargaining unit is inappropriate.  Recent cases the firm has handled include:

Medieval Knights, LLC, NLRB Case No. 21-RC-300023 (2022)

Spivak Lipton successfully represented a labor union seeking to represent a bargaining unit of knights, squires, show cast, and stable hands who work at Medieval Times.  The employer argued that the show cast and stable hands should not be included in the bargaining unit.  The NLRB Regional Director rejected the employer’s arguments, found that the union’s requested bargaining unit was appropriate, and directed an election.

Media Coverage:

·         NPR — Medieval Times Performers in California Unionize Following Months of Debate (November 12, 2022)

·         Bloomberg Law — Medieval Knights Performers, Stable Hands Score Union Election (November 3, 2022)

Pier 55, Inc. d/b/a Little Island, 371 NLRB No. 80 (2022)

Spivak Lipton successfully represented a labor union seeking to represent a bargaining unit of stage technicians who work at the performance spaces at Little Island, a park in the Hudson River.  The employer argued that the stage technicians were temporary or casual employees who were not eligible to vote.  The NLRB rejected the employer’s arguments, found that the union’s requested bargaining unit was appropriate, and directed an election.

Media Coverage:

·         Law360 — New Employer Can't Stop Seasonal Workers' Union Vote (March 25, 2022)

·         Bloomberg Law — Seasonal Workers at NYC Park Eligible to Unionize, NLRB Rules (March 24, 2022)

The Atlanta Opera, Inc., NLRB Case No. 10-RC-276292 (2021)

Spivak Lipton successfully represented a labor union seeking to represent a bargaining unit of make-up artists and hair stylists who work at The Atlanta Opera.  The employer argued that the make-up artists and hair stylists were independent contractors who were not eligible to vote.  The NLRB Regional Director rejected the employer’s arguments, found that the union’s requested bargaining unit was appropriate, and directed an election. 

Media Coverage:

·         NPR — Labor Dispute: Hair and Makeup Workers at Atlanta's Opera Want to Unionize (April 7, 2022)

Spivak Lipton successfully represented a labor union seeking to represent a bargaining unit of editorial, video, design, photo, and social staff who work across 28 magazine brands.  The employer argued that the workers should be split into six separate bargaining units, that certain employees were supervisors, and that another union’s contract already covered certain employees.  The NLRB Regional Director rejected the employer’s arguments, found that the union’s requested bargaining unit was appropriate, and directed an election.

Media Coverage:

·         New York Magazine — Hearst Loses Big at the National Labor Relations Board (May 10, 2020)