Mr. Samson frequently advises employers who are confronted with union organizing campaigns. His experience ranges from the training of supervisors to the oversight of legal activities associated with communications affecting the voting group. He also regularly is engaged to handle representation proceedings at the NLRB and in this connection has handled dozens of hearings at the agency addressing the legal issues affecting the petitioned for unit including questions relating to supervisory status, temporary employees, confidential employees, security guards, and a host of other issues relating to the scope and appropriateness of the voting unit. In one matter, Mr. Samson was the primary counsel handling a 21 day hearing on behalf of a major steel company in response to an effort to organize over 1000 employees in a technical and clerical unit.
Unfair Labor Practice Cases
The handling of unfair labor practice charges is a routine part of Mr. Samson’s practice having handled hundreds of such charges including through trial and appeal to the NLRB. In one matter, Mr. Samson successfully defeated a claim for a Gissel bargaining order after an 11 day trial. His ULP experience includes, among other things, allegations involving discipline and discharge of employees - including during the course of organizing campaigns - refusal to bargain allegations, information request matters, questions relating to supervisory status, union salting and strike related claims. He also regularly prosecutes charges filed by employers at the NLRB in matters relating to illegal secondary picketing and other unfair labor practice claims against labor organizations.
Mr. Samson has assisted a variety of employers in different industries in their collective bargaining negotiations whether behind the scenes as a “contract language drafter” or as the principal spokesperson “at the table.” In this capacity he has negotiated contracts covering only a handful of employees to those covering several hundred and he has also negotiated on behalf of employer associations where the units have included thousands of employees. Most recently Mr. Samson was management’s chief spokesperson for area-wide construction negotiations affecting hundreds of employers and over 25,000 thousand employees.
Arbitration is also a routine part of Mr. Samson’s practice having handled matters involving discipline and discharge of employees as well as significant contract interpretation issues in a variety of industries. He also has arbitrated claims against unions for damages arising out of their breaches of no strike clauses in the construction and elevator industries and has been involved in several Boys Markets injunction cases in federal court seeking to uphold grievance/arbitration procedures in the face of strikes that are in violation of contractual no-strike clauses. His arbitration practice also extends to the withdrawal liability arena, having acted recently as lead counsel in an arbitration contesting a nearly $1Million assessment of liability, as well as to the arbitration of disputes between trustees of Taft-Hartley benefit funds.
Construction Industry Matters
Mr. Samson has also developed a significant practice representing employers as well as employer associations in the construction industry. He routinely is asked to address questions involving secondary picketing, bannering, hot cargo agreements, multi-employer bargaining issues, trust fund liability problems, jurisdictional disputes, dual shops and double breasting, the negotiation of project labor agreements and a host of issues unique to the industry. He is an active member of the Associated General Contractors Labor and Employment Lawyers Council and a contributor to its annual labor law symposium where he has spoken on such topics as dual shops, union access to employer property and 8f/9a conversion issues.