Union-Management Relations
- Representation and Organizational Issues
- Collective Bargaining and Negotiations
- Contract Administration
- Grievance Arbitration
- Unfair Labor Practice Charges
- Health and Welfare Fund Issues
Union-Management Relations
TREMITI LLC engages in traditional labor law practice and counsels business clients accordingly. The firm addresses a wide variety of issues related to representation and organization, collective bargaining and negotiation of labor agreements and contract administration. The firm also represents employers in grievance arbitration, both contractual and disciplinary, in proceedings before the National Labor Relations Board (NLRB) and counsels employers regarding their obligations pursuant to Health and Welfare Fund contributions.
Representation
Representational issues are not limited to just risk management strategies but are, instead, connected to a much broader array of issues. Representational practice can involve petitions to organize filed with the National Labor Relations Board, but can also include scope, definition, amendment and accretion of bargaining units, as well as recognition issues. TREMITI LLC counsels employers in these often complex areas.
Collective Bargaining, Negotiations
TREMITI LLC advises and counsels Employers faced with impending contract negotiations, whether such negotiations encompass a new labor agreement or renewal of an existing agreement. TREMITI LLC emphasizes pre-negotiation preparation and is available to counsel the employer prior to commencement of the negotiation or to represent the employer at the bargaining table.
Contract Administration
Inevitably during the course of a union-management relationship, questions and concerns will arise regarding interpretation and administration of the provisions of the labor agreement. These questions and concerns do not necessarily rise to the level of a formal grievance but, nevertheless, present issues of interpretation that the parties must review and discuss. TREMITI LLC counsels employers when issues of contract administration and interpretation arise.
Grievance Arbitration
TREMITI LLC represents employers in grievance arbitration before a mutually agreed upon Labor Arbitrator. The Labor Arbitrator is typically chosen from panels maintained by the American Arbitration Association (AAA) or by the Federal Mediation and Conciliation Service (FMCS). TREMITI LLC represents employers in the arbitration of grievances that have been filed over the interpretation and application of the provisions of the labor agreement, such as time and leave, seniority and reduction-in-force provisions, or in those that have been filed over disciplinary and termination issues. In either case, thorough preparation is the key. TREMITI LLC engages in appropriate pre-arbitration preparation with its business clients and represents them in proceedings before the Labor Arbitrator.
Unfair Labor Practice Charges
From time to time during the course of a union-management relationship, disputes arise that may involve legal rights as opposed to rights created by virtue of the negotiation of a labor agreement. In such cases, unfair labor practice (ULP) charges are filed with the NLRB. An unfair labor practice charge may claim that the employer interfered with the employee rights granted by the National Labor Relations (NLRA) or that the employer discriminated against a unionized employee as a result of their membership in the labor organization, among other charges. TREMITI LLC represents employers during the investigation phase of the charge, in negotiations to resolve the matter and in administrative hearings and proceedings before the NLRB should resolution efforts prove unproductive.
Health and Welfare Funds
As a result of negotiations with a labor organization, the unionized employer may have agreed in the collective bargaining or labor agreement to participate in a jointly administered health and welfare and/or pension fund. Participation in such funds carries with it certain legal obligations, primarily related to proper reporting of contributions to the fund, record-keeping and auditing. TREMITI LLC assists employers who have such obligations and advises them regarding their rights and obligations pursuant to the labor agreement, the enabling documents and the relevant federal laws.
TREMITI LLC negotiated a successful resolution of a case which was filed in federal court and in which the employer failed to pursue remedies available to it before the litigation was filed. Employers are cautioned to take undue care should they be notified of monies owed to a trust fund. Negotiations should begin immediately to resolve the dispute while all steps are taken to preserve legal rights which, if untimely, are lost.