Genova, Burns & Giantomasi is one of the region's few mid-sized firms which specializes in all aspects of Labor Law exclusively on behalf of management. The Labor Law practice group represents employers in a wide range of industries, including manufacturing, financial and other services, hospitals and health care, construction and transportation, among others.

Traditional Labor Law. The Practice Group handles all facets of traditional Labor Law:

• collective bargaining;
• contract administration;
• grievance and arbitration matters;
• union organizational campaigns and elections;
• matters before the National Labor Relations Board;
• strikes/picketing; and
• state court injunction proceedings.

We also provide counseling on plant relocation issues and closings, WARN Act issues, successorship issues and double-breasting problems. We also assist clients on labor matters arising from business transactions such as mergers and acquisitions.

Employee Benefits/ERISA. We represent clients regarding Taft-Hartley pension withdrawal liability matters, breach of fiduciary obligation claims, claims by Taft-Hartley plans seeking benefits contributions, and the defense of benefits claims under pension and welfare benefit plans, and counsel clients on matters involving deferred/executive compensation, benefits plan design issues, benefit plan termination, COBRA and HIPAA requirements, and general compliance with federal and state laws regulating benefit plans including annual reporting and disclosure requirements.

Employment Law Counseling. Labor Law and Employment Law overlap extensively. Accordingly, the Labor Law Practice Group also advises clients on all aspects of the employment relationship. Our goal is to enable our clients to maintain control over human resource policy and decisions. We counsel employers on issues involving workforce reductions, discipline and performance issues, employee handbooks, Fair Labor Standards Act, state wage and hour laws, leave issues arising under the Family and Medical Leave Act, Americans with Disabilities Act and state and federal discrimination laws. For related firm expertise, please visit: Employment Law & Litigation Practice Group; Human Resource and Labor Law Training, Audit and Compliance Services.

Public Sector Labor Law and Non-Profits. The firm's Labor Law Practice Group handles all aspects of Labor Law on behalf of public entities and non-profits. We also represent public entities before the NY Public Employment Relations Board and NJ Public Employment Relations Commission and in all matters involving collective negotiations, mediation, fact-finding and interest arbitration. The Group also handles all grievance arbitration matters, as well as employee discipline, Civil Service Commission issues, governmental consolidation issues and other personnel issues, including layoffs and furloughs.

Charter Schools, Public Schools and Public and Private Colleges and Universities. The firm's Labor Law Practice Group also handles all labor law issues pertaining to NY and NJ Charter Schools, Public Schools and public and private colleges and universities. This includes providing schools with union-free workplace training, guidance through election campaigns, and representation in collective negotiations, mediation, fact-finding, and grievance arbitration. We also represent the schools in all matters before the NY Public Employment Relations Board and the NJ Public Employment Relations Commission or NLRB. Our firm has negotiated the only known NJEA compensation system which contains a merit based salary component for one of our charter school clients. We also assist schools with tenure charges, employee discipline and any other personnel issues that may arise.

Administrative Agencies. We practice before all federal and state administrative agencies that enforce labor laws, including the NLRB, the Occupational Safety and Health Administration and Federal and State Departments of Labor (including wage and hour and Prevailing Wage Act matters).

OFCCP Enforcement. We assist management with complying with federal E.O. 11246 and state EEO requirements, provide counseling and advice regarding affirmative action plans, help negotiate OFCCP conciliation agreements, and help our clients prepare for state and federal affirmative action plan audits.

James J. McGovern, III, Esq.
Director of Labor Law Practice Group