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Labor Law
Since its founding in 1945, Gilbert & Sackman has specialized
in representing private and public sector labor unions. In all,
the firm currently represents more than forty international and
local labor unions. These include unions in the entertainment, retail,
health care, construction, manufacturing, printing, transportation,
and other industries.
Gilbert & Sackman handles union grievances, arbitrations, collective
bargaining negotiations, and organizing campaigns. We represent
labor unions in state and federal courts, in labor arbitration,
and before administrative agencies, including the National Labor
Relations Board, the Public Employee Relations Board, and the Department
of Labor. In addition, the firm handles most legal problems for
labor unions as institutions, from buying or selling a building
to disputes with the union's own employees and vendors.
Gilbert & Sackman has gained national prominence because of
its innovative and aggressive approaches to representing unions
against employers. For example, Gilbert & Sackman obtained the
first (very favorable) Court of Appeal decision under California's
anti-injunction statute (Labor Code § 1138, et seq.), UFCW
Local 324 v. Superior Court, 83 Cal. App. 4th 566 (2000), and then
successfully defended the same client from an injunction action
brought during the recent grocery strike.
When representing unions as institutions, Gilbert & Sackman
has been just as innovative and aggressive. For example, in a case
defended by Gilbert & Sackman, the California Supreme Court
ruled that wrongful discharge suits cannot be brought against unions
by non-elected business representatives, even those covered by a
written contract. Screen Extras Guild v. Superior Court, 51 Cal.
3d 1017 (1990). The Supreme Court's decision was recently followed
in another case brought by a confidential secretary and defended
by Gilbert & Sackman, Thunderburk v. UFCW Local 324, 92 Cal.
App. 4th 1332 (2001).
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