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Labor Law

McGrath North's labor law practice generally focuses on advising its clients how to deal with unions.  Our clients include companies who have been, and wish to remain, "union free," as well as clients who have collective bargaining agreements and relationships with unions, which they wish to preserve.

Union Elections  McGrath North labor lawyers have represented companies faced with union organizing drives throughout the United States. We train managers and supervisors on their obligations under the National Labor Relations Act and public employee bargaining laws, as well as on how to campaign legally, effectively and successfully when faced with an organizing drive. We represent employers in all proceedings before the National Labor Relations Board and state and federal courts.

Unfair Labor Practice Cases  McGrath North has substantial experience representing clients defending unfair labor practice charges alleging that they may have interfered with their employees' rights under the National Labor Relations Act or public employee bargaining laws, or allegedly engaged in bad faith bargaining. The representation includes investigation of the charges and appearance before the National Labor Relations Board not only during the investigation, but in any subsequent hearings and appeals.

Union Contract Negotiations  We have extensive experience in negotiating with unions for a collective bargaining agreement, or changes to an existing agreement. The firm drafts union contract provisions and provides strategy and advice to our clients to help them achieve their bargaining objectives during contract negotiations. Our services also include assisting employers in effectively managing labor disputes and strikes.

Arbitrations  We also represent employers in arbitration proceedings where that employer or union has allegedly violated the terms of a collective bargaining agreement.   The industries in which we have negotiated union contracts include the following: 

  • Clothing Manufacturer
  • Commercial Construction
  • Distribution
  • Food Processing
  • Health Care
  • Meat Packing
  • Public Employees
  • Retail
  • Manufacturing
  • Agricultural Sprayers
  • Cosmetics
  • Hand Tools
  • Irrigation Systems
  • Material Handling Equipment
  • Steel Poles
  • Transportation

The unions with which we have dealt include:

  • AFM (Musicians)
  • AFSCME
  • Allied Industrial Workers
  • BCTGM (Grain Millers)
  • BRAC (Brotherhood of Railway, Airline Clerks)
  • Bricklayers
  • Carpenters
  • Cement Masons
  • Communication Workers (CWA)
  • Congresso  (Puerto Rico)
  • Electricians (IBEW)
  • Firemen & Oilers
  • Graphic Communications Workers
  • Ironworkers
  • IUE
  • Laborers
  • Employees United Labor Association (EULA)
  • Machinists (IAM)
  • Nebraska Association of Public Employees (NAPE) 
  • Oil Chemical & Atomic Workers (OCAW)
  • Operating Engineers (IUOE)
  • PACE
  • Painters
  • Retail Clerks (now UFCW)
  • Roofers
  • Service Employees International Union (SEIU)
  • Sheet Metal Workers
  • State Law Enforcement Bargaining Committee (SLEBC)
  • Steelworkers
  • Teamsters
  • United Auto Workers (UAW)
  • United Food & Commercial Workers (UFCW)
  • Omaha Police Union
  • International Association of Firefighters (IAFF)

In representing employers during contract negotiations, we assist in the drafting of proposals; negotiating across the table from the union; assist in planning for any possible work stoppages; advising and guiding employers in responding to union information requests; and maintaining a record of the negotiations in the event of subsequent arbitrations or contract disputes.

We have also represented companies in the above industries in hundreds of arbitrations.  Other matters of significance within the scope of our Labor experience include the following:

  • Client bought a business whose employees had been on strike for 15 months; replacements had been hired.  We guided Company through the acquisition; the negotiation process; successfully defended against unfair labor practice charges filed by the union; counteracted a nationwide boycott; and worked to a successful resolution of the strike.
  • During difficult negotiations, a client in Puerto Rico locked out the workforce.  The union filed unfair labor practice charges, which we successfully defended to the United States Court of Appeals for the District of Columbia.
  • Successfully negotiated several contracts with an Ironworkers Local and ultimately decertified the union in Tulsa, Oklahoma.
  • Negotiated contracts for steel manufacturer at plants in Illinois, Maryland, Nebraska, Idaho, California and Alabama.
  • Defended an employer against unfair labor practice charges filed by the UFCW with the NLRB alleging an unlawful refusal to hire over 1,800 persons at 18 plants from San Francisco to Charlotte.
  • Represented employers before NLRB in numerous matters in which employers were charged with violating National Labor Relations Act through such things as unlawful surveillance, interrogation, and/or discharge of employees.
  • Represented the State of Nebraska in actions before the Nebraska Commission of Industrial Relations (CIR) involving the State Law Enforcement Bargaining Council (SLEBC), and the Nebraska Association of Public Employees (NAPE).

  • Represented Douglas County in wage determination matters before the CIR involving several different bargaining units.

  • Currently representing the City of Omaha in actions before the CIR involving the Omaha Police and Fire unions.





Dean G. Kratz

Roger J. Miller

A. Stevenson Bogue

Aaron A. Clark

Abigail M. Moland