The term “labor law” has traditionally been used to refer to the area of federal law concerned with the relationship between management and organized labor, including the National Labor Relations Act. This is different from “Employment law” which generally refers to the relationship between individual employees and their employers, as governed by a variety of state and federal laws such as wrongful discharge, discrimination, retaliation, harassment, disability and others.
Labor law in Puerto Rico is governed by Federal law (Taft-Harley Act or Labor Management Relations Act of 1947). It regulates relations between employers and unions including union representation, elections, unit clarification, unfair labor practices and collective bargaining.
In the area of labor law, we represent clients in labor relations matters arising under the National Labor Relations Act. This representation includes union organizing campaigns, grievance and arbitration matters, strikes and picketing, state court injunction procedures and unfair labor practice proceedings before the National Labor Relations Board. We also provide advice and counsel to employers in collective bargaining negotiations and act as the representative when requested.
Labor Relations Law & Collective Bargaining:
We help companies manage their labor relations through diverse collaborative arrangements and fee structures in a variety of industries including construction, medical and hospitality. Our expertise extends to the following areas:
- Serve as main negotiator of collective bargaining agreements / spokesman for the company’s negotiating committee. Preparing contract proposals and counter-proposals.
- Assisting companies to assess economic impact of proposed agreements.
- Strategic and operational advice in labor disputes & conflict.
- Meetings with union representatives on matters of administration of the agreement and grievance process.
- Advising clients on grievance handling; representing employers in union arbitration
- Train staff to improve relations with union and delegates.
- Train staff in grievance process.
- Representing employers in all proceedings before the National Labor Relations Board; and
- Advising clients in union organizing cases, election campaigns, picketing and strikes.
Representative work includes:
- Participating and led successful strategies to manage union organizing efforts and elections on behalf of employers located along the Island including San Juan, Carolina, Mayaguez, Morovis, Ponce, Sabana Grande and other cities.
- Providing counseling and contingency plans and strategic solutions to a several facilities in response to union picketing, strikes and violence.
- Successfully negotiation on behalf of employers collective bargaining agreements with local and foreign labor unions such as Teamsters and Gastronomical Workers Union.
- Successfully defending hotels, hospitals and manufacturing facilities in proceedings before the National Labor Relations Board including unfair labor charges (failure to bargain in good faith, terminating employees engaged in protected activities) and unit clarification issues.
- Successfully litigating to conclusion over 200 labor arbitration cases on behalf of private employers and large government agencies.
- Strategy and negotiation with unions pertaining the effects of reductions in force and layoffs.
- Provided advice, representation and support to management in the process of evaluating, designing and deploying a plant closing strategy and subsequent negotiations with unions in two plant sites.