Overview
When unions are involved in a transaction or day-to-day operations, the stakes are high, and the legal landscape is complex. Ropes & Gray's employment practice helps clients navigate collective bargaining obligations, organizing campaigns, and pension plan liabilities with precision and strategic foresight.
Transaction-Focused Labor Expertise
We advise buyers and sellers across every industry on the labor issues that can make or break a deal, including successorship clauses, assumption agreements, and multi-employer pension plan withdrawal liability. Our team ensures that labor-related diligence, representations, and covenants are tailored to a transaction's specific risks.
Practical Guidance Beyond the Deal
Outside of transactions, we counsel clients on union organizing campaigns, double-breasted operations, and compliance with evolving labor regulations, including the National Labor Relations Act (NLRA) and New York City's Displaced Building Service Workers Protection Act.
Deep Private Equity Experience
We regularly advise private equity funds on addressing union pension plan investors' concerns about employment policies at portfolio companies. This is a nuanced issue requiring both legal acumen and investor-relations sensitivity that our team is skilled at navigating.
How We Help
Our team supports clients across the full spectrum of labor management challenges:
- Union-Related Transaction Diligence: Identifying and assessing risks in collective bargaining agreements, neutrality obligations, card-check recognition, and accretion issues.
- Assumption and Effects Bargaining: Negotiating with unions on assumption agreements and effects bargaining to protect deal value.
- Pension Plan Liability Assessment: Evaluating multi-employer pension plan obligations and withdrawal liability exposure.
- Organizing Campaigns and Elections: Guiding employers through union organizing efforts, including compliance with NLRA rules.
Experience
- Represented the buyer of a manufacturing facility in negotiations with the union of the seller in bankruptcy for a new collective bargaining agreement.
- Represented buyers in transactions involving California and New York City hospitals with significant union employees.
- Represented numerous buyers and sellers in connection with the sale of New York City union-represented hotels.
- Represented the acquirer of a manufacturing company in connection with successorship obligations.
- Represented a biomedical research center in connection with an organizing campaign.
- Represented companies across industries with respect to double-breasted obligations.
- Represented various private equity funds to address concerns from union pension plan investors.
*Some experience completed prior to Ropes & Gray
