Labor Law

McMahon Berger’s attorneys, based in St. Louis, Missouri, have successfully represented both union and non-union employers in all facets of labor law. Our firm forcefully advocate for our clients’ interests before arbitrators, mediators, state labor boards, government agencies, and state and federal courts.

Over 60 Years of Labor Law Experience

Many of our lawyers have worked directly with the National Labor Relations Board, giving them a unique understanding of the NLRB’s perspective. We help clients navigate all federal, state, and local labor laws, including the National Labor Relations Act, Railway Labor Act, and DOT regulations.

Advising

Our attorneys provide frequent updates and advice on management decisions to ensure the workplace is compliant with applicable labor laws. This helps employers avoid unfair labor practice charges and the costly litigation that comes with such charges.

Training

McMahon Berger equips management with a thorough understanding of what constitutes lawful, protected, concerted activity. Our firm also helps employers recognize when the threat of unionization is readily apparent.

Defending

We aggressively defend employers against charges of unfair labor practices. We protect our clients’ interests every step of the way, from investigations to adjudication before an administrative law judge to appellate litigation before the NLRB and federal courts.

Turn to McMahon Berger for experienced representation across all aspects of labor law.
  • Labor Crisis Management
  • Labor Relations & Bargaining
  • Multi-Employer Pension Plan Liability
  • Positive Employee Relations

Labor Crisis Management

Sometimes your workforce decides to take matters into its own hands and go out on strike or engage in picketing. McMahon Berger partners with you to make sure your workforce gets back to work as quickly as possible.

STRIKES & PICKETING

Strikes can be authorized or unauthorized, such as in the instance of a wildcat strike. They can occur with a union or non-union workforce, as with the fight for a $15 per hour minimum wage in the food industry. Picketing, like strikes, can be lawful and unlawful.

RESOLVING WORK STOPPAGES

Our experienced attorneys assist management when employees engage in work stoppages or picketing at the job site. That includes negotiating an end to the work stoppage. We can also help to establish a reserve gate system to put an end to picketing.

Labor Relations & Bargaining

McMahon Berger has a proud history of representing employers in every facet of labor relations. Since our inception, it has been our goal to develop a labor relations strategy that best fits our clients’ interests and missions.

ADVICE & COUNSELING

McMahon Berger advises employers concerning the interpretation and administration of labor union contracts, grievances, employee welfare, healthcare benefits, and pensions.

Our firm includes a former Board Member of the National Labor Relations Board and former NLRB trial attorneys. We draw upon a vast knowledge of economics, wages and benefits, labor law, and employment law to offer sound guidance to our clients.

LABOR NEGOTIATIONS

The attorneys at McMahon Berger have negotiated and assisted employers and associations with initial contracts, re-openers, and renegotiations for over 60 years.

Collective bargaining in the private sector involves an employer or association engaging in labor negotiations with a union. Negotiations may involve wages, benefits and other terms and conditions of employment.

This process requires each party to comply with the National Labor Relations Act. That includes a legal obligation to bargain in good faith and not ignore presumptively relevant requests for information.

Employers must also understand the differences between mandatory subjects of bargaining, permissive subject of bargaining, and illegal subjects of bargaining.

EMPLOYER REPRESENTATION

McMahon Berger zealously represents private and public sector employers in all aspects of labor relations.

Our attorneys assist clients with labor grievance and arbitration proceedings, collective bargaining, strikes, and picketing. We also work on purchases and sales, and force reductions or reorganizations.

We also defend employers before the National Labor Relations Board, the Department of Labor, state labor boards, and state and federal courts.

Multi-Employer Pension Plan Liability

McMahon Berger partners with employers in negotiating employee benefits in multi-employer plans and employee sponsored plans. Our attorneys regularly advise clients with regard to plan contribution obligations and audits, withdrawal liability, and issues in plan governance.

Taft-Hartley Act Obligations

With a unionized workforce, an employer is frequently required to make contributions to multi-employer pension and welfare plans. These plans are independent of the union and are governed by a board of trustees representing management and labor. As long-time counsel to employer associations, employers, and multi-employer plan trustees, McMahon Berger is uniquely prepared to assist clients with multi-employer plan obligations.

Multi-Employer Pension Amendments Act (MPAA)

McMahon Berger regularly represents employers in determining withdrawal liability exposure under the Multi-Employer Pension Amendments Act (MPAA). Our attorneys work with clients to resolve withdrawal liability disputes through arbitration.

Positive Employee Relations

The importance of positive employee relations cannot be understated. McMahon Berger’s experience in all facets of labor relations can help employers achieve a positive working environment and reduce the threat of unionization.

The Risk of Union Organizing

Our attorneys help employers assess whether current policies, procedures, and practices have created an environment that is susceptible to union organizing. McMahon Berger has been a leader in developing and implementing policies that foster positive employee relations and develop trust. This is essential for decreasing the likelihood of union activity.

Union Campaigns

McMahon Berger has unparalleled experience and success in representing management in all aspects of union representation campaigns. Our attorneys train supervisors and managers on how to lawfully address such campaigns and respond to union card signing activity. We advise employers in effectively handling representation campaigns that progress to the filing of a formal petition and an NLRB conducted election. We also have extensive experience assisting employers in responding to corporate campaigns.

Labor Crisis Management

Sometimes your workforce decides to take matters into its own hands and go out on strike or engage in picketing. McMahon Berger partners with you to make sure your workforce gets back to work as quickly as possible.

STRIKES & PICKETING

Strikes can be authorized or unauthorized, such as in the instance of a wildcat strike. They can occur with a union or non-union workforce, as with the fight for a $15 per hour minimum wage in the food industry. Picketing, like strikes, can be lawful and unlawful.

RESOLVING WORK STOPPAGES

Our experienced attorneys assist management when employees engage in work stoppages or picketing at the job site. That includes negotiating an end to the work stoppage. We can also help to establish a reserve gate system to put an end to picketing.

Labor Relations & Bargaining

McMahon Berger has a proud history of representing employers in every facet of labor relations. Since our inception, it has been our goal to develop a labor relations strategy that best fits our clients’ interests and missions.

ADVICE & COUNSELING

McMahon Berger advises employers concerning the interpretation and administration of labor union contracts, grievances, employee welfare, healthcare benefits, and pensions.

Our firm includes a former Board Member of the National Labor Relations Board and former NLRB trial attorneys. We draw upon a vast knowledge of economics, wages and benefits, labor law, and employment law to offer sound guidance to our clients.

LABOR NEGOTIATIONS

The attorneys at McMahon Berger have negotiated and assisted employers and associations with initial contracts, re-openers, and renegotiations for over 60 years.

Collective bargaining in the private sector involves an employer or association engaging in labor negotiations with a union. Negotiations may involve wages, benefits and other terms and conditions of employment.

This process requires each party to comply with the National Labor Relations Act. That includes a legal obligation to bargain in good faith and not ignore presumptively relevant requests for information.

Employers must also understand the differences between mandatory subjects of bargaining, permissive subject of bargaining, and illegal subjects of bargaining.

EMPLOYER REPRESENTATION

McMahon Berger zealously represents private and public sector employers in all aspects of labor relations.

Our attorneys assist clients with labor grievance and arbitration proceedings, collective bargaining, strikes, and picketing. We also work on purchases and sales, and force reductions or reorganizations.

We also defend employers before the National Labor Relations Board, the Department of Labor, state labor boards, and state and federal courts.

Multi-Employer Pension Plan Liability

McMahon Berger partners with employers in negotiating employee benefits in multi-employer plans and employee sponsored plans. Our attorneys regularly advise clients with regard to plan contribution obligations and audits, withdrawal liability, and issues in plan governance.

Taft-Hartley Act Obligations

With a unionized workforce, an employer is frequently required to make contributions to multi-employer pension and welfare plans. These plans are independent of the union and are governed by a board of trustees representing management and labor. As long-time counsel to employer associations, employers, and multi-employer plan trustees, McMahon Berger is uniquely prepared to assist clients with multi-employer plan obligations.

Multi-Employer Pension Amendments Act (MPAA)

McMahon Berger regularly represents employers in determining withdrawal liability exposure under the Multi-Employer Pension Amendments Act (MPAA). Our attorneys work with clients to resolve withdrawal liability disputes through arbitration.

Positive Employee Relations

The importance of positive employee relations cannot be understated. McMahon Berger’s experience in all facets of labor relations can help employers achieve a positive working environment and reduce the threat of unionization.

The Risk of Union Organizing

Our attorneys help employers assess whether current policies, procedures, and practices have created an environment that is susceptible to union organizing. McMahon Berger has been a leader in developing and implementing policies that foster positive employee relations and develop trust. This is essential for decreasing the likelihood of union activity.

Union Campaigns

McMahon Berger has unparalleled experience and success in representing management in all aspects of union representation campaigns. Our attorneys train supervisors and managers on how to lawfully address such campaigns and respond to union card signing activity. We advise employers in effectively handling representation campaigns that progress to the filing of a formal petition and an NLRB conducted election. We also have extensive experience assisting employers in responding to corporate campaigns.

Employment Law

Experienced representation and counseling in all areas of employment law.

INDIVIDUAL CLASS ACTION & LITIGATION

Vigorous pursuit of the best possible solution for each individual client.

Investigations

Uncovering the facts needed to resolve employment and labor issues.

Nonprofit Counseling

Legal assistance with labor and employment matters for nonprofit organizations.