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Labor Relations Update

Scott Faust

Scott Faust Scott A. Faust is a Partner in the Labor & Employment Law Department, co-head of the Strategic Corporate Planning Group and a member of the Labor-Management Relations Group, resident in the Boston office. He focuses his practice on all aspects of labor and employment law, and regularly handles collective bargaining negotiations, arbitration, mediation and litigation of labor and employment disputes on behalf of his clients. With respect to labor-management relations, Scott represents employers in collective bargaining negotiations, grievance arbitrations, union organizing campaigns, work stoppages, labor injunction proceedings and proceedings before the National Labor Relations Board. He also has extensive experience advising troubled companies and their creditors, as well as investors reviewing potential opportunities in labor intensive industries. Scott has negotiated numerous collective bargaining agreements with the United Steelworkers in Massachusetts, Pennsylvania, Ohio, West Virginia, Louisiana, Maryland, Texas, Indiana, Illinois, Michigan, South Carolina, Tennessee and Colorado. In addition, he has also negotiated agreements with the Canadian Auto Workers, SEIU, Teamsters, Machinists, Operating Engineers, Carpenters, Painters, United Plant Guard Workers, Electrical Workers, Sheet Metal Workers, Food and Commercial Workers, Massachusetts Nurses Association and Typographers unions. Scott also represents employers in connection with the litigation of labor and employment disputes in state and federal courts and administrative agencies, as well as in mediation and arbitration. Cases he has handled include matters involving wrongful discharge, ERISA, employment discrimination, related employment torts, enforcement of or defending against non-competition agreements, wage and hour issues, and administrative proceedings before state and federal equal employment opportunity enforcement agencies. He has litigated cases in state and federal courts in Massachusetts, Pennsylvania, West Virginia, Ohio, Utah, Colorado and North Carolina, including cases on appeal to the U.S. Courts of Appeals for the First and Tenth Circuits. Scott provides day-to-day counseling in matters such as reductions-in-force, legal issues related to the cultural diversity of the workplace, reasonable accommodation under the Americans with Disabilities Act, employment contracts and non-competition agreements, development of employee manuals, wage-hour compliance, child labor laws and general employee relations matters. In addition, Scott has published articles and given recent presentations on such subjects as Trends in Private Sector Collective Bargaining, Electronic Communications in the Workplace, Physician Organizing and Preventive Techniques to Avoid Liability for Harassment in the Workplace. Scott has been ranked in Chambers USA as a leader in labor and employment law.

Posts by Scott Faust

NNU Ebola “Day of Action” Slated for November 12, 2014

Posted in Ebola, Healthcare Employers, Strikes

Registered nurses in 16 states and the District of Columbia are planning a national “Day of Action” by engaging in strikes, picketing, leafleting, rallies, and candlelight vigils on Wednesday, November 12, in support of demands by National Nurses United (“NNU”) for tougher Ebola safety precautions in the nation’s hospitals.  As we reported previously, NNU has… Continue Reading

Ebola and Potential Labor Relations Issues

Posted in Collective Bargaining, Healthcare Employers, Non-Union employers, Protected activity, Strikes

The Ebola panic presently sweeping the U.S. raises a host of potential issues for employers.  We recently provided guidance to help employers ensure employee safety while also complying with legal obligations under the Americans with Disabilities Act and similar laws.  In addition, the Occupational Health & Safety Administration (OSHA) recently released a comprehensive summary of… Continue Reading

Rhyme or Reason? Trying to Make Sense of the NLRB’s Social Media Cases

Posted in Employer policies, General Counsel, NLRA, NLRB, Non-Union employers, Protected activity, Section 7, Social Media, Unfair Labor Practices

Since the NLRB’s Office of the General Counsel (“OGC”) issued the first “Facebook” complaint in American Medical Response of Connecticut, Inc. in October, 2010, dozens of unfair labor practice charges involving social media have been filed, the Acting General Counsel has identified social media cases as a priority, and gallons of electronic ink have been… Continue Reading

NLRB to Healthcare Employers Facing a Strike: You Can Ask, But Employees Don’t Have to Tell

Posted in Employer policies, Healthcare Employers, Protected activity, Section 8(g), Strikes

In a 2-1 decision issued on June 30, 2011, the NLRB clarified the interplay of the statutory notice requirements of NLRA Section 8(g) with a health care employer’s right to poll individual employees’ intention to report to work during a strike and the employer’s right to enforce neutral work rules requiring patient care employees to… Continue Reading

NLRB Issues Complaint in NY Facebook Case

Posted in NLRB, Protected activity, Section 7, Section 8(a)(1), Social Media

In its latest effort to address social media in the workplace, the National Labor Relations Board announced in a May 18 press release that it had filed a complaint against a New York non-profit organization alleging that it unlawfully terminated five employees who complained about working conditions on Facebook. According to the complaint filed by… Continue Reading

NLRB Acting General Counsel Clarifies Duty to Provide Information in Bargaining

Posted in Collective Bargaining, Duty to furnish information, Duty to provide information, General Counsel, NLRB, Section 8(a)(5)

In a May 17 memorandum, NLRB Acting General Counsel Lafe Solomon furnished guidelines to Regional Directors concerning parties’ obligation to provide information in collective bargaining negotiations.  GC Memorandum 11-13  traces the development of two different analytical frameworks for assessing a party’s obligation to provide requested information to its bargaining counterpart.  The first applies to cases involving… Continue Reading