Frank provides a comprehensive array of services to employers in traditional labor relations law and employment law compliance and litigation. His traditional labor practice includes extensive experience in bargaining union contracts, handling ULP litigation and representation hearings before the National Labor Relations Board, conducting grievance arbitrations, and opposing union organizing campaigns. Frank works with large and small employers, including complex multi-employer organizations, across a variety of industries such as health care, waste management, financial services, building engineering and maintenance, hospitality, media, automotive, and shipping and transportation. These relationships have allowed Frank to bargain dozens of contracts as the employer’s chief negotiator, handle hundreds of NLRB proceedings and labor arbitrations, and counsel management through union organizing from pre-petition workforce analysis all the way through appellate challenges to union elections. Throughout his career, Frank has also advised employers targeted by union corporate campaigns, including the coordination of the employer’s response to non-traditional union pressure involving media relations, political affairs, regulatory compliance, and shareholder communications.
Frank’s employment practice is based on his two decades of experience counseling employers and litigating on their behalf in response to discrimination and harassment complaints, wage and hour issues, and common law claims relating to wrongful discharge and employment contracts. In addition to handling employment litigation for employers, Frank conducts sexual harassment training and investigations, wage and hour compliance audits, and OSHA workplace reviews, as well as providing ongoing counseling on a day-to-day basis regarding nearly every aspect of management’s relationship with employees and government enforcement personnel.
Frank also works extensively with employers in New York and New Jersey to analyze, draft, and litigate the enforceability of restrictive covenants such as non-competition/non-solicitation clauses and trade secret and confidentiality protections.
Articles in the National Law Review database by Frank Birchfield