Labor Attorney Versus an Employment Attorney It is easy to be confused by the job descriptions of a labor attorney versus an employment attorney. One of the top legal questions posed is: “exactly what is the difference between a labor attorney and an employment attorney – isn’t their function one and the same?” Below you will see how to differentiate between a traditional labor attorney and an attorney who does employment-related law. It is not always cut-anddried though, because sometimes there is some cross-over. A traditional labor attorney goes to the “trenches” by walking alongside the picket line instead of allowing his client to do that “dirty work”, or spending hours upon hours preparing for, and attending, bargaining sessions on behalf of, or with his/her client. But, that same attorney may also counsel a client (on the management side) as to best company practices, as well as well as helping them cope with union-related grievances or unfair labor practice charges. Employment law, however, may cover a wide spectrum of issues, some contentious like employment discrimination, and others that are more routine such as employee benefits from pension plans and retirement or occupational safety and hazards in the workplace (“OSHA”). Often an Equal Employment Opportunity Commission (“EEOC”) matter in the workplace rears its ugly head causing agreements and releases to be drawn up for signature by both parties, but very often employment discrimination matters morph into litigation. ERISA matters involving fringe benefits disputes, are also on the list of responsibilities for both the traditional labor and/or the employment attorney, and, after a flurry of paperwork and pouring over audits until cross-eyed, that matter may just result in a Federal court lawsuit that may be handled by an employment attorney. Whew! What is a “traditional labor lawyer”? These types of lawyers represent their clients in union-related matters. A labor lawyer for management must familiarize himself (or herself) with every aspect of the
client’s business and their workforce. A workforce analysis of the people who toil for the company must be known so that, in the event of disagreement, a skilled labor lawyer will be able to pinpoint the source of the disgruntled behavior or discontent amongst the ranks, then remedy the situation before it “gets legs” and then everyone is stirred up. The collective bargaining agreement or “CBA” in a company which has union workers, is the guide that governs the workplace. If there is disagreement by just one worker, or even many, a grievance or an unfair labor practice charge, may be filed by the worker(s), and the labor lawyer must stand by, ready to defend the employer’s position and fight this paperwork no matter how long it takes or what costs are expended doing so. We have all watched with interest while the UAW negotiations were taking place … there is much give-and-take which causes the negotiations to proceed along smoothly, until it is time to sign on the dotted line at the completion of the negotiations and the newest contract is ready to be ratified by rank and file. Sometimes there are sticking points so it is back to the bargaining table. Often the labor lawyer must walk the picket lines to find out what ails the client’s workforce to make them strike, occasionally putting himself in danger by becoming the target of their anger.
The employment law attorney The employment law attorney, more often than not, is a litigator, which means he spends a good part of his practice in the courtroom, either appearing on motions or hearings before a judge, or ultimately, if the matter is not resolved, in a trial. There are many steps before a matter gets to the trial stage, however, and, from the moment the
case is filed, and all through the discovery phase, the employment attorney must immerse himself/herself into the case, being familiar with the facts both frontward and backward. It is often said that a litigation attorney really “owns a case” … living and breathing the facts of the case for the duration of the matter. It is a sometimes a very intense law practice. Besides being present in the courtroom, an employment attorney is often found preparing for and attending depositions, or drafting and filing pleadings or legal documents which state their client’s case throughout the pendency of the discovery phase of a case. Sometimes there is a cross-over In contrast, a traditional management labor lawyer is often out of the office more than he/she is in, as he or she scurries to the client’s office or a site of contentious worker behavior, such as a picket line, or where a union worker has erected a large inflatable rat on a work site to protest working conditions. Sometimes, sadly, a labor lawyer, must hustle to a construction site where an industrial accident, has taken place. This might be collapsed scaffolding or even burns from contaminated materials or a misstep on a roof which causes the roofer to tumble from the roof onto the ground. After the facts have been written up, the labor attorney and his/her client will await OSHA citations and must respond to them in a timely manner to have the citations abated, or corrected to avoid large fines. Any of these incidents might end up resulting in a lawsuit to be handled by the labor lawyer if he is a litigator, or may be tendered to an employment attorney who happens to be company inhouse or insurance defense counsel. An asset to a company Lawyers in each of the each of the aforementioned types of law are an asset to their client. A labor lawyer must be available for all types of crisis and may be found at his client’s side or on the other end of the telephone long after business hours are over. There are early a.m. phone calls or visits to sites where the labor lawyer may be assailed with cussing, or, even have to sometimes fear for his life as mentioned above. The employment attorney, on the other hands, often works long into the night, may have
extensive traveling to work into his already busy schedule, but his life is not quite so dramatic in many respects. Both types of lawyers must always keep abreast of all current discrimination laws, or current and trending topics regarding worker dissatisfaction in the workplace. This could be a plant or an office environment. A company’s traditional labor or employment attorney, which, as stated above, could be two different counselors, will be the greatest asset to management, especially human resources directors, who must constantly be aware and navigate the never-ending labor issues in the workplace.