Labor and Employment Law Experience

At Bond, we cultivate a unique synergy between our labor and employment practice and our higher education group, with attorneys offering deep experience in both areas. All core members of the higher education practice group have direct experience navigating employment and labor issues, whether through their own direct experience in-house at institutions of higher education or with the firm’s esteemed labor and employment group. 

Labor

The firm’s labor practice encompasses a full range of services. This includes collective bargaining, labor arbitration and representation before the National Labor Relations Board (NLRB) — or the appropriate public or state labor relations board — in both improper labor practice and representation matters. For many clients involved in collective bargaining, one of our attorneys is present at the bargaining table and serves as chief spokesperson; for others we are present during negotiations as a resource but not as a chief negotiator; for still others we counsel behind-the-scenes, draft and cost proposals and work with the management team to formulate a cohesive and effective bargaining strategy. We tailor our approach by institution and even by contract, and we also provide advice in responding to union organizing campaigns.

Similarly, with respect to labor arbitrations, our services complement the institution's labor relations and human resources teams. We can provide a range of services, from counseling on the appropriate grievance answer at the initial steps to the preparation of witnesses and presentation of the institution's case before an arbitrator. We can also provide behind-the-scenes approaches and strategies and aid in the preparation of witnesses.

Our higher education labor practice dates back to the earliest days of the NLRB asserting jurisdiction over colleges and universities. From representing Ithaca College in one of the seminal Yeshiva cases to present day graduate student organizing and bargaining, a sampling of our matters include:

• Representation of Cornell in its recent bargaining and strike with the UAW;
• Representation of The New School in bargaining and strike activity with its graduate student union;
• Representation of multiple institutions with adjunct faculty organizing and first contract negotiations;
• Representation of multiple institutions with public safety and police unions in contract negotiations and contract implementation matters;
• Representation of university-owned ancillary medical clinics for the University of Rochester; and
• All manner of labor arbitration proceedings involving contract interpretation and disciple grievances.

Employment

Our practice not only deals with traditional areas of labor law, but also with the full range of employment law matters. For non-unionized portions of the workforce, our attorneys provide assistance in the preparation and review of handbooks and policies; appointment letters; employment contracts; counseling on employee screening and testing; supervisory training; and advising on termination and grievance procedures.

This practice includes state and federal court representation of colleges and universities in breach of contract, employment-at-will and other employment-related claims. It also includes defending institutions before state and federal administrative agencies — including the Equal Employment Opportunity Commission (EEOC) and state and local analogs — and in courts, against claims of discrimination. We also regularly assist colleges and universities in the preparation of affirmative action plans and programs and provide representation during audits and investigations by the Office of Federal Contract Compliance Programs (OFCCP).

Finally, our attorneys are experienced in the full range of other workforce issues likely to be encountered by colleges and universities, including faculty tenure and contract disputes, pay equity claims, state and federal wage/hour matters, OSHA investigations and hearings and immigration matters.

Highlights of our practice include:

• Successful representation in numerous internal and judicial review (state and federal trial and appellate courts) proceedings involving tenure denial, non-renewal, non-promotion and termination.
• Confidential investigations of sensitive charges of wrongdoing by top administrators, faculty and others.
• Resolved the complex exit of a former university president by using prior successes with New York’s “faithless servant doctrine.”