Although union membership has fallen significantly over the years, the union win rate has increased as unions have become more strategic and aggressive in their approach to organizing activities. Currently, unions are lobbying Congress to pass the Employee Free Choice Act which, among other things, would make it much easier for unions to organize employees by eliminating the requirement that a union establish majority status through a secret ballot election.

Ford & Harrison counsels employers in connection with collective bargaining and union organizing drives. We represent and advise employers in all phases of labor relations under the National Labor Relations Act (NLRA). The firm also advises unionized and union-free clients on the impact of mergers, acquisitions and restructurings and helps clients conduct due diligence on labor and employment issues.

For union-free employers we:

• develop effective, lawful strategies for maintaining positive employee relations;
• advise on the lawful handling of concerted activities and National Labor Relations Board (NLRB) representation election proceedings;
• handle investigations and, if necessary, trials and appeals of unfair labor practice charges; and
• conduct training for all levels of management on their roles and responsibilities in leadership and legal compliance.

For unionized employers we:

• counsel on collective bargaining strategies and contract administration issues;
• represent clients in negotiations, grievance and arbitration cases, unfair labor practice charges, strikes, injunctions, and other litigation; and
• advise on the lawful handling of NLRB decertification proceedings.