A labor law attorney is a lawyer who represents either employers or employees in legal disputes involving employment terms and conditions. A labor law attorney can work for a law firm or in private practice, but some work directly for employers or labor unions. While these attorneys are useful in situations where employers and their employees are arguing a case in front of a judge, the majority of them do not represent clients in court. Instead, they focus on consultation and negotiation to avoid going to court. When a company opens a new facility, for example, an attorney will be consulted as part of the planning process to familiarize the company with local labor law and union activity in the area.
Labor law in the United States appears to be fairly straightforward, but it can be quite complex in certain circumstances, and workers frequently find themselves embroiled in legal battles over the aspects of their relationship that are covered the law, and having to argue their cases in front of a judge. Attorneys who specialize in labor law are especially useful in these situations.
When a company is the target of a union organizing campaign, labor law attorneys become invaluable resources. In such a situation, a company that wants to fight the union should first do its homework and learn what actions it can and cannot take under the law. Many employers take organized labor’s efforts personally, and their reactions are frequently emotional. A good lawyer will advise against arbitrary actions and prevent the employer from violating the employees’ rights or poisoning the working relationship. Some labor law firms specialize in “union avoidance,” gaining extensive experience advising employers and even directing anti-union campaigns.
When it comes to organizing campaigns, labor unions have competent legal representation, and they will be quick to assert their rights, as well as the rights of the workers they seek to represent, when those rights are jeopardized or violated. Employees can become emotional when their livelihood appears to be in jeopardy, just as employers can overreact to the perceived provocation of a union organizing campaign. Unions, particularly local organizing committees, will benefit from legal counsel to avoid breaking the law or causing harm to the employment relationship.
Employers who have employees who are represented a union frequently hire a labor law attorney to help with collective bargaining, and many unions also bring an attorney to the table. Even if the relationship between the union and management is friendly, which is usually the case, this is a prudent step to take because, regardless of the parties’ good intentions, collective bargaining agreements must adhere to the law. A poorly written contract benefits neither party.
Labor law attorneys will be called upon the parties to a collective bargaining agreement to participate in formal dispute resolution processes, usually arbitration. While the arbitrator in such cases is usually a labor lawyer, the presence of lawyers on both sides of the table is justified in order to ensure that each side’s rights and prerogatives are protected.
In private practice, a labor attorney will typically represent either employers or employees, though some will successfully represent both. Wage and hour complaints, unlawful discharge cases, harassment charges, and disability claims are the most common cases they deal with on both sides of the table.