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Practice Areas

Employment and Labor

Overview

Labor and employment are two similar yet distinct areas of law that deal with relationships between employers and employees. Employment Law focuses on the direct interaction between an employer and an employee, while Labor law more specifically addresses the issues around unions and collective bargaining. Taken together, labor and employment is about how you relate to your employees. To ensure successful relationships, employers need to bring skilled counsel to the table that has the knowledge, experience, and savvy to address a wide array of challenges in dealing with both labor and employment. Parker McCay has a long, proud history of success in this field.

The attorneys at Parker McCay bring expertise in collective bargaining, defending discrimination and civil rights lawsuits, developing disability accommodations, resolving unfair labor practice allegations, addressing grievances, handling whistleblower claims, investigating inappropriate workplace conduct, negotiating and litigating non-compete, non-solicitation, confidentiality agreements and every other related function. We offer trainings and day-to-day advising on everything from wage and hour matters, medical leaves of absence, discrimination and harassment complaints, whistleblower issues, and many more. Our expertise spans both the public and private sectors. And our lawyers have dealt with it all, timely and professionally.

If you are looking for highly capable, experienced, honest and expeditious legal counsel, you will find it with Parker McCay.

Experience

Experience

News and Appearances

News and Appearances

Articles

Articles

Public Sector

Public Sector

Parker McCay’s reputation in the public sector is unsurpassed.  Long considered the “gold standard” for public employers, Parker McCay actively represents countless municipalities, school districts, fire districts, police departments, commissions, and every other type of public entity.  Collectively, our attorneys have literally hundreds of years of experience in negotiating public-sector labor agreements, defending arbitrations, appearing before PERC and handling other public labor disputes.  Beyond contract negotiations and litigation, we routinely offer tailored, on-site trainings to front-line supervisors and employees alike, as well as help public employers navigate the complex web of medical leave, disability, workplace accommodations and related issues.  

Public employers have special needs that are not present in the private sector, and it takes a firm with special know-how to properly address those needs.  Parker McCay is more than equipped to help public employers protect the public’s trust.

Notable Matters

Trenton Board of Education, P.E.R.C. No. 2015-5

On behalf of the Trenton Board of Education, Parker McCay filed a scope of negotiations petition with the Public Employment Relations Commission (PERC) seeking restraint of binding arbitration of a grievance filed by the Trenton Education Secretaries Association. The grievance asserted that the Board violated the parties' collective negotiations agreement (CNA) by deducting the full amount of health care contributions required under N.J.S.A. 18A:16-l.l(a) for recalled employees instead of giving such employees the benefit of a phase-in of the full amount over four years. PERC found that any employees that were rehired after the Chapter 78 healthcare insurance contribution commenced were not eligible for the tiered contribution structure under Chapter 78. Any public entity should require the full contribution from rehires in these circumstances, and such is not negotiable or arbitrable. This decision affects all public collective bargaining units statewide.

Gloucester City, P.E.R.C. No. 2006-3

On behalf of Gloucester City, a Civil Service employer, Parker McCay filed a scope of negotiations petition with the Public Employment Relations Commission (PERC) seeking restraint of binding arbitration of a grievance filed by United Steelworkers of America, Local 8228. The grievance alleged that the City violated its internal promotional procedures when it did not appoint the most senior employee to a position.   The City relied on well-established case law to argue that Civil Service regulations, including the “rule of three,” preempted arbitration of the grievance.  The Commission agreed and restrained the arbitration.  Parker McCay’s familiarity with PERC’s scope procedures and Civil Service requirements led to a cost effective means for the City to dispose of this grievance. 

 Borough of Haddon Heights, H.E. No. 2010-3 and P.E.R.C. No. 2010-72

On behalf of the Borough of Haddon Heights, Parker McCay successfully defended against an unfair practice charge filed by American Federation of State, County and Municipal Employees, AFL-CIO, Council 71, Local 3869.  The charge alleged that the Borough had laid off 8 out of 13 employees in the Department of Public Works in retaliation for their union activity.  After a five day hearing, the Commission’s Hearing Examiner found that the lay-off was for economic reasons, and recommended that the Commission dismiss the charge.  AFSCME filed 16 exceptions to the Hearing Examiner’s decision.  After independently analyzing the record, the Commission adopted the Hearing Examiner’s decision and dismissed the charge.  If AFSCME had been successful, the Borough would have been required to rehire the laid-off employees, and would have incurred substantial costs.

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