Wargo & French's labor and employment practice group represent management exclusively and provides clients with a complete complement of labor and employment services. From traditional labor relations to employment litigation to executive compensation to preventive practices, we take pride in working with our clients to anticipate and efficiently resolve the employment issues that arise in today’s challenging workplace environment. Among the services provided by the firm's labor and employment group are:

Employment Litigation Services

The firm’s experienced litigators aggressively defend client interests in federal and state court, as well as before the Equal Employment Opportunity Commission, the Department of Labor, the federal Wage and Hour Division and other state and federal agencies. Matters routinely handled by the firm’s Labor and Employment attorneys include:

• EEOC Charges
• Class Action Employment and Wage and Hour Litigation
• Employment Discrimination/Harassment Litigation
• Family and Medical Leave Act Complaints and Litigation
• DOL Wage and Hour Complaints and Litigation
• Employment Arbitration
• Trade Secret/Restrictive Covenant Litigation
• Affirmative Action Compliance and related DOL/OFCCP Audits
• VEVRAA Issues

Labor Relations Services

Wargo and French attorneys have extensive experience handling labor-management issues for national, regional and local clients, including representing and advising employers in all facets of labor law. Representative matters include:

Union Organizing

We have achieved great success working with employers to defeat union organizing efforts, including:

• Assisting a national cable television provider in defeating union organizing drives by the Communications Workers of America and the International Brotherhood of Electrical Workers in Atlanta, GA; Greensboro, NC; Charlotte, NC; Chicago, IL; Reading, PA; Milwaukee, WI; and Bakersfield, CA.
  
  
• Assisting a Midwestern aircraft parts manufacturer in defeating multiple organizing efforts by the International Association of Machinists. The Machinists withdrew their organizing petition four days prior to the election.
  
  
• Assisting a large southeastern manufacturer in defeating a Teamsters union attempt to organize a unit of production and maintenance employees and a unit of drivers.
  
  
• Assisting a national cement manufacturer in defeating an attempt by the Paperworkers union to organize its South Carolina facility. The union lost the election by 2-1 margin.
  
  
• Assisting a national readymix manufacturer in defeating a Teamsters organizing effort.

Collective Bargaining

In cases where a union is already present in the workplace, the firm has considerable experience negotiating collective bargaining agreements as well as providing employers with advice on strategic bargaining issues and training supervisors to manage in a union environment. Representative matters include:

• Leading collective bargaining negotiations for a national printing company. Successfully negotiated a cost-neutral three year labor agreement.
  
  
• Leading mid-term collective bargaining negotiations for a die casting company against the United Auto Workers Union. Negotiated favorable terms for a skilled trades supplement to the collective bargaining agreement.

Labor Arbitration/National Labor Relations Board

The firm routinely represents clients in labor arbitrations as well as against unfair labor practice charges filed with the National Labor Relations Board. We have had great success defending clients in both forums, including:

• Successfully representing a national printing company in numerous labor arbitrations including winning denial of a grievance demanding return of work that the Company had placed at its non-union facility.
  
  
• Successfully defending a national printing company against an unfair labor practice charge accusing the company of having violated the NLRA by eliminating work areas. The unfair labor practice charge was dismissed by the NLRB and we successfully defended the company in two related labor arbitrations.
  
  
• Successfully representing a freight car manufacturer in numerous labor arbitrations including winning a number of "just cause" grievances involving the termination of union officers and union-represented employees.

Preventive Services

Through the firm’s preventive services program, Wargo & French attorneys assist clients in implementing policies and programs that allow for the early detection and resolution of employment disputes. The firm also ensures that its clients take full advantage of the legal protections available to employers by:

• Drafting and Reviewing Employee Handbooks and Policies
• Auditing Employment Practices and Wage and Hour Compliance
• Providing Training in All Areas Of Labor and Employment Law, including:
  • Harassment
  • Proper Hiring, Discipline And Discharge Techniques
  • FMLA And ADA Compliance
  • Workplace Violence
  • Union Avoidance
• Providing Practical Counseling/Advice on Day-to-Day Labor and Employment Issues

Additional Labor and Employment Services

The labor and employment group also assists clients with:

• Executive compensation
• Employment and severance agreements
• Layoffs and related WARN issues
• Labor and employment issues related to mergers and acquisitions
• Pre-merger/acquisition labor and employment due diligence audits

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