NLRB Unfair Labor Practice Litigation
As an NLRB Field Attorney, Dan served as Counsel for the General Counsel in prosecuting a wide variety of issues including discharges, a variety of bad-faith bargaining cases; bargaining order cases; hiring hall cases; and represented the Agency in Federal Court enforcement procedures. This experience has been invaluable in private practice and Dan has defended employers in a myriad of cases alleging Section 8(a)(1), (2), (3), (4) and (5) violations and has represented Employers in actions against unions alleging Section 8(b)(1)(A) and (B); Section 8(b)(2); and Section 8(b)(3) violations; Section 8(b)(4) priority secondary boycott charges (inclusive of Section 10(k) and 10(l) proceedings); and Section 8(b)(7) proceedings, etc.
NLRB Representation Cases
As an NLRB Field Attorney, Dan served as Hearing Officer in Representation Proceedings (inclusive of pre and post-election proceedings); processed Representation Petitions; and conducted representation elections. Again, that experience has been invaluable in private practice and Dan has represented employers in all phases of Representation Proceedings including RC, RD, RM, AC, UC, and UD proceedings. That representation has included participation in groundbreaking unit determination issues (for example, M. B. Sturgis, Inc.) as well as post-election challenge and objection proceedings. Finally, Dan’s campaign work has allowed employers to develop and retain proactive relations between employers and their team members, and, as a result, minimize union penetration.
Dan has represented a wide variety of employers in collective bargaining. In so doing, Dan has served as both the company’s chief spokesperson at the bargaining table and in a background capacity. Such bargaining has included initial bargaining; “mature” bargaining; successor bargaining (in both “Spruce Up” and non-“Spruce Up” situations); “overhaul” bargaining; “regressive” bargaining; bargaining to impasse; implementation of final offers; closedown negotiations, etc. This has included a wide range of employers in a broad spectrum of industries. While challenged, on occasion, Dan’s clients have never been cited by the NLRB as bargaining in less than good faith.
Dan has represented a wide variety of employers in both substantive and interest arbitrations. The issues presented in such arbitrations have included procedural and substantive arbitrability, employee discipline of all forms, double jeopardy issues (long before Ray Rice even suited up as an NFL player), seniority, subcontracting, vacations, holidays, working hours, leaves of absence, bumping rights, bereavement, sick pay, the breadth of no strike commitments, shop steward rights, union access rights, etc.
Federal Court Litigation
Certainly Ogletree Deakins has an incredibly “strong bench” with respect to state and federal litigation. Dan’s traditional labor law experience has allowed him to participate in Federal Court proceedings including Section 301 enforcement of Collective Bargaining Agreements; Section 303 Secondary Boycott damage litigation; litigation designed to enforce or set aside arbitration awards; Section 10(j) litigation; Section 10(l) litigation, etc. As part of that, Dan successfully represented an employer before the Fourth Circuit in which the Court concluded that President Obama’s recess appointment of NLRB members was not constitutional.