Organized Labor
Representation
At Spivak Lipton, we are committed to representing and supporting unions.
We help unions to:
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Organize and engage in protected concerted activity
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Negotiate collective bargaining agreements with employers
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Engage in strikes and picketing when needed
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Advise unions and non-unionized employees in organizing campaigns
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Assist in public campaigns, including through social media, in support of organizing, contract negotiations, and other protected activity
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Assist with union operations and governance best practices
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Handle and litigate grievances, arbitrations, and federal and state court litigation
Services
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 as they work to protect 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).
Workers have always had to fight for fair and equitable treatment from their employers — unions exist so employees can advocate with a collective voice.
Representative Cases
Spivak Lipton proudly assists its union clients in their efforts to grow the labor movement by organizing new workplaces.
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.
NLRB Case No. 02-RC-319517 (2024)
Local 306, IATSE sought to represent projectionists who worked at the four Alamo Drafthouse movie theaters in New York City and the surrounding area. Alamo argued that the only appropriate bargaining unit was a nationwide unit, which would include projectionists at fourteen other Alamo Drafthouse theaters around the country. Representing the union, Spivak Lipton argued that a bargaining unit consisting of only the theaters in the New York City metropolitan area was appropriate. The NLRB Regional Director determined that the union’s proposed bargaining unit was appropriate and directed an election.
NLRB Case No. 10-RC-314706 (2023)
The International Alliance of Theatrical Stage Employees sought to represent a group of physical therapists, athletic trainers, and massage therapists who work on live theatrical tours. Neuro Tour argued that its therapists and trainers who work on non-touring productions and at its clinic locations must also be included in the vote. On behalf of the union, Spivak Lipton argued that a bargaining unit consisting solely of the touring workers was an appropriate unit. The NLRB Regional Director agreed with the union’s arguments and directed an election.
372 NLRB No. 95 (2023)
The Atlanta Opera attempted to prevent its make-up artists and hair stylists from joining Make-up Artists and Hair Stylists Union Local 798, IATSE by trying to classify them as independent contractors who were thus ineligible to vote. On behalf of the union, Spivak Lipton argued for the workers’ status as employees. The NLRB rejected the employer’s arguments, directed an election, and adopted a new legal test for determining whether workers are independent contractors or employees.
NLRB Case No. 21-RC-300023 (2022)
The American Guild of Variety Artists sought to represent the knights, squires, show cast, and stable hands working at a Medieval Times in California as a single bargaining unit. Representing the union, Spivak Lipton successfully pushed back on the employers’ attempt to separate knights and squires from the show cast and stable hands. The NLRB Regional Director sided with the union and directed an election.
Media Coverage
*Reproduced with permission. Copyright Bloomberg Industry Group https://www.bloombergindustry.com (800) 372-1033
371 NLRB No. 80 (2022)
Theatrical Protective Union, Local No. One, IATSE sought to represent the 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 for union representation. On behalf of the union, Spivak Lipton argued that the workers had a reasonable expectation of reemployment in future performance seasons, and thus were eligible to vote. The NLRB rejected the employer’s arguments and directed an election.
NLRB Case No. 02-RC-252592 (2020)
The Writers Guild of America, East sought to represent a group of editorial, video, design, photo, and social staff who worked across 28 brands of Hearst Magazines Media, Inc. However, their employer fought hard to weaken their power by insisting that they be split into separate bargaining units, claiming that some employees were management and others were covered by a different contract. Spivak Lipton's successful representation resulted in the NLRB Regional Director rejecting Hearst’s arguments and directing an election.
Contact Partner Elizabeth Orfan