National Labor Relations Act (NLRA)

When McMahon Berger was founded over fifty years ago, one of our primary tasks was helping businesses navigate the minefield that is the National Labor Relations Act. We continue this mission by advising our clients of the ever-shifting legal landscape and aggressively defending allegations of unfair labor practices. McMahon Berger’s founding partners and many of our current attorneys have previously worked for the Act’s enforcement agency, the National Labor Relations Board (“NLRB”), making our experience in this area of law unparalleled.

Advising Clients

Despite the recent decline in union membership nationwide, the National Labor Relations Act and labor relations in general remain a significant concern for businesses. The current political climate has resulted in aggressive administrative rule-making at unprecedented levels. Both unionized and non-unionized business must be aware of these regulatory changes to ensure compliance with the National Labor Relations Act and to avoid potential charges of unfair labor practices and litigation before the NLRB.

McMahon Berger prepares legal updates for our clients on a regular basis. We also advise clients daily concerning management decisions and the possible ramifications these decisions may have under the watchful eye of the NLRB.

Training Employers

While most private businesses do not have a unionized workforce, this does not mean they are immune from possible violations of the National Labor Relations Act. The NLRB’s expansive rule-making threatens all employers, regardless of their union affiliation. As the NLRB continues its trend of aggressively pursuing unionized and non-unionized businesses alike, managers must be thoroughly trained to address all possible workplace issues. Do managers know what constitutes lawful “protected, concerted activity” or when the threat of possible unionization is readily apparent?
McMahon Berger attorneys have vast experience training management in both union and non-union settings. This training is essential to avoiding costly and time-consuming litigation before the NLRB.

Defending Claims

Unfortunately, from time to time a business may face an unfair labor practice or other compliance proceeding before the NLRB. Resolving these actions require a thorough and deep understanding of the nuances presented by the National Labor Relations Act. McMahon Berger’s attorneys have a deep understanding of these issues and have seen how the NLRB works from the inside out. From the investigation phase, adjudication before an administrative law judge to appellate litigation before the NLRB and federal courts, McMahon Berger’s experience is unparalleled in aggressively defending all claims.