Labor Relations
Working closely with our clients, we develop a team strategy that has proven successful for clients attempting to balance their legal obligations with union matters with their ability to effectively run their businesses. Our team represents a significant number of clients in the manufacturing, college and university, and social service sectors.
To help employers remain union-free, we regularly advise our clients regarding proactive, union-avoidance strategies. We counsel our clients from the nascent stages of organizing drives through union campaigns and elections.
For clients whose employees are represented by unions, we negotiate initial and successive labor agreements, provide advice regarding labor contract administration and grievances, and represent employers in arbitrations and unfair labor practice charges before the National Labor Relations Board.
We also counsel employers to manage their organized workforce to avoid unnecessary disruption, and how to respond to a strike or other concerted activity.
We regularly represent clients before the National Labor Relations Board, Massachusetts Labor Relations Commission, Massachusetts Commission Against Discrimination, Equal Employment Opportunity Commission, Massachusetts Department of Unemployment Assistance, United States Department of Labor, Massachusetts Attorney General’s Office, Occupational Safety and Health Administration, as well as state and federal trial and appellate courts.
Chambers USA recognizes our Labor & Employment practice among the most notable in Massachusetts.
How we can help
- Lawful Union Avoidance Strategies: The law regarding what employers can say and do to avoid union organizing gets more complicated each year. We will work with you to train your supervisors about permissible conduct, as well as how to best respond to employee issues so employees do not feel the need to seek assistance from outside parties.
- Union Election Campaigns: Sometimes, regardless of an employer’s best efforts, a union petition may be filed and an election scheduled by either the National Labor Relations Board (NLRB) or Massachusetts Labor Relations Commission (MLRC). Should that happen to you, Bowditch & Dewey will be by your side, addressing petition and election legal issues and developing the best communications campaign for your employees to educate them about unions and the harm they could cause to their employer and their jobs.
- Grievances, Arbitrations and Unfair Labor Practice Charges: For employers with an ununionized workforce, dealing with grievances, arbitration hearings and unfair labor practice charges can be a daily and disruptive reality. We are committed to ensuring that our clients receive cost-efficient and timely legal services that will deliver a favorable outcome to any type of union-related litigation.
Finding a successful new strategy in mid-arbitration
A unionized employer in Massachusetts moved a termination grievance to arbitration. The terminated employee demanded an unconditional reinstatement with full pay and benefits or one year’s salary. Despite losing a key witness just prior to the two-day hearing, our defense team called an audible and quickly found and prepared replacement witnesses.
Other experience
- Dismissed RICO and common law related claims against a corporation and its officers by a former union steward claiming constructive discharge due to union activities. The First Circuit affirmed the judgment, marking the first time the First Circuit had addressed the issue of NLRB preemption.
Partners

Of Counsel

Associates

Publications
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Danielle Lederman Writes “Legal details can make or break cannabis startups” for the Worcester Business Journal
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Client Alert: EEOC Releases Proposed Guidance on Workplace Harassment
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Client Alert: Rhode Island Employers Take Note – New Penalties for Wage & Hour Violations Begin January 1, 2024
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Client Alert: EEOC Issues Regulations Pursuant to the Pregnant Workers Fairness Act
Events + Recordings
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The Supreme Court on Campus (Higher Education Roundtable Series)
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Webinar Recording Available for “The Transformed Workplace: Retain and Recruit During a Workforce Shortage” Featuring Tracy Thomas Boland
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Tracy Thomas Boland Moderated “The Transformed Workplace: Retain and Recruit During a Workforce Shortage” with the Boston Business Journal
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Tracy Thomas Boland Spoke on “OSHA and Vaccine Mandates” for MetroWest HRMA (Webinar)
News
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Bowditch Receives Top Rankings in 2024 U.S. News & World Report’s – Best Lawyers® “Best Law Firms”
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Ray Ripple Quoted in “Management-side bar braces for fallout from ‘Stericycle’” in Massachusetts Lawyers Weekly
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23 Bowditch Attorneys Recognized in the 2024 Edition of The Best Lawyers in America® and 10 Bowditch Attorneys Recognized in Best Lawyers: Ones to Watch in America™
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Tim Van Dyck Quoted in Massachusetts Lawyers Weekly’s “NLRB prompts review of severance agreements”
At the Bar With Bowditch
EEOC Issues Regulations Pursuant to the Pregnant Workers Fairness Act
NLRB Adopts New Standard for Evaluating Lawfulness of Work Rules
Tim Van Dyck Quoted in The Business Journals Playbook Newsletter Article “Feds issue game-changing ruling on nondisclosure agreements. Experts say employers should take these steps.”