What is a union lawyer?
Understanding the Role of Labor Lawyers
Labor lawyers are often mistaken for employment law attorneys. While both practice employment law, there are some important distinctions to be aware of. Most notably, labor lawyers specialize in the regulations and rules governing labor unions.
The Role of Labor Unions
Labor unions are organizations that aim to enhance employee rights within specific professions. These unions operate under state and federal laws, including the National Labor Relations Act (NLRA). Labor lawyers possess a deep understanding of these laws and the associated procedures, including how to file complaints with the appropriate government agency.
Addressing Labor Law Issues
Now that we've established that labor attorneys work closely with labor unions, what does that entail? Here are some legal matters where a labor lawyer can provide significant assistance:
Establishing a Union: The NLRA is a federal law that secures employees' right to organize. When workers choose to unionize, labor law attorneys are often engaged to offer legal guidance on regulations and protections.
Collective Bargaining: The NLRA also ensures that workers maintain the right to collectively bargain with their employer and have their grievances addressed through a representative of their choice. These grievances may include issues related to workers’ compensation, medical leave, overtime pay, workplace environment, and safety conditions. Typically, these representatives are labor lawyers.
Terminating Labor Union Employees: Employers wishing to terminate a unionized employee frequently consult a labor attorney during the process. Unlike non-union employees, who can be terminated at will—meaning they can be let go at any time for any non-illegal reason—union employees are protected by just-cause provisions in their employment contracts. Labor attorneys may guide employers on best practices to avoid costly wrongful termination litigation or represent employees in legal actions concerning wrongful termination.
Negotiation: If an employment dispute escalates to a wrongful termination lawsuit involving a union employee and both parties are open to settlement, having a legal team knowledgeable in both federal and state laws is crucial, as disputes in this area can quickly become complex.
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