Unions

Labor and Employment | Labor Relations

We advise employers on labor relations including union organizing campaigns, collective bargaining, grievance arbitration, and unfair labor practice charges.

Overview

Managing Labor Relations

Union relations involve specialized legal requirements and strategic considerations. MC Law's Union practice helps employers maintain positive employee relations and respond effectively to union activity.

Union Organizing

We advise employers facing union organizing campaigns. We train supervisors on permissible conduct, develop communication strategies, and represent employers in representation elections.

Collective Bargaining We represent employers in collective bargaining. We develop bargaining strategies, participate in negotiations, and advise on mandatory and permissive bargaining subjects. Grievance Arbitration CBA disputes often proceed through grievance arbitration. We represent employers in grievance proceedings. Unfair Labor Practices We defend employers against NLRB unfair labor practice charges. We also file employer ULP charges when unions engage in unlawful conduct. Strikes and Picketing Work stoppages require rapid response. We advise on strike preparedness, lawful strike replacement, and picketing limits. Union Avoidance The best labor relations strategy often is maintaining union-free status through positive employee relations.

Frequently Asked Questions

Employers may communicate their position on unionization, but cannot threaten, interrogate, promise benefits to discourage union support, or surveil union activities (the TIPS framework). Employers must allow union organizing during non-work time in non-work areas.

Collective bargaining is the process of negotiating terms and conditions of employment with a union representing employees. Mandatory subjects include wages, hours, benefits, and working conditions. Permissive subjects may be raised but need not be negotiated to impasse.

Grievance arbitration is the final step in the dispute resolution process under most collective bargaining agreements, where an arbitrator resolves disputes about contract interpretation and application. Arbitration decisions are generally binding and subject to limited judicial review.

Unfair labor practices are violations of the National Labor Relations Act by employers or unions. Employer ULPs include interfering with organizing rights, discriminating against union supporters, and refusing to bargain in good faith. Charges are filed with the NLRB.

Effective union relations require understanding CBA obligations, training supervisors on contract administration, maintaining consistent discipline, communicating through proper channels, processing grievances promptly, and building a professional working relationship with union representatives.

Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.

For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.

Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.

Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.

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PhotoArt LLC v. Social Media Giant

Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.

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Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.

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Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.

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SoftwareCo v. Former CTO

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Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.

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