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Labor and Employment

A productive workplace is as critical to governing well as an adequate tax base or an informed electorate. At Robbins, Schwartz, Nicholas, Lifton & Taylor, we believe that good management practice requires fairness to and understanding of employees and that building trust between employers and employees typically yields good results over time. We express that belief through an approach to collective bargaining that considers both the historical relationship of employees to the local government employer, as well as the need to foster effective staff/administration working relationships. And because we've successfully negotiated more than 1,000 public sector labor contracts since collective bargaining took hold in the early 70s, Robbins, Schwartz has developed statewide credibility as an experienced and firm, but fair negotiator.

Collective bargaining and contract interpretation
Fewer grievances, less grief
Employee performance
Building skills


Collective bargaining and contract interpretation: Getting to yes. Because contracts that satisfy both employees and management reduce the likelihood of future grievances and unfair labor practices, Robbins, Schwartz uses both traditional methods and alternative "win-win" negotiation techniques to focus collective bargaining on mutual interests. Once contracts are in place, we help officials interpret their provisions, guiding them toward defensible positions likely to withstand any challenge.

Fewer grievances, less grief. Although skillfully negotiated contracts clearly promote positive labor relations, it's not always possible to avoid grievances. When they arise ­ or when clients anticipate circumstances likely to produce grievances ­ Robbins, Schwartz encourages them to seek our counsel early. We help interpret contract provisions, such as disciplinary procedures, leave policies and other contract language issues, so clients adopt defensible positions at the outset and, if possible, avoid costly litigation. When arbitration is required, our wealth of experience serves clients well. Because Robbins, Schwartz has handled hundreds of arbitrations addressing diverse contract interpretation and "just cause" discipline issues, we're often able to cite awards received for one client as evidence in comparable cases for others.

Employee performance. Beyond the periodic events of contracts and grievances lies a complex agenda of labor and employment concerns arising from the performance of probationary and non-probationary employees, police and fire personnel, and administrators ­ and from the degree to which these employees believe their legal rights have been protected. When an employee's performance raises concerns, Robbins, Schwartz offers the insight and experience to effectively counsel clients on corrective interventions with employees cited for incompetence, sexual misconduct, criminal acts or insubordination. We also advise clients with regard to appropriate disciplinary measures, and, if necessary, guide them through the dismissal process. When employee rights are at issue, Robbins, Schwartz offers the benefit of substantial experience with ADA and FMLA compliance, EEO issues, sexual harassment/sexual discrimination and First Amendment issues.

And our experienced and proactive counsel pays off in winning positions validated by arbitrators and judges: Robbins, Schwartz has participated in numerous suspension and termination hearings, as prosecutor or legal advisor, and we have successfully defended our clients in state, federal and appellate courts, as well as before the EEOC and other venues where employment disputes are adjudicated.

Building skills. Robbins, Schwartz preventive counsel extends beyond day-to-day advice to in-service and off-site seminars that address collective bargaining, sexual harassment, employee misconduct investigations, employee evaluations, ADA and FMLA compliance, and other critical workplace issues. By helping clients learn to help themselves, Robbins, Schwartz, Nicholas, Lifton & Taylor provides local governments with the tools they need to improve governance from the inside out.

 

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