Case Results

In our more than 40 years of representing unions, we have successfully resolved a wide variety of matters for our clients. Below are summaries of cases handled by our attorneys.

Union Representation

Pitta LLP successfully represented a 25,000-member labor union in emergency litigation in the U.S. District Court for the Southern District of New York where the plaintiff employers sought a stay of arbitration against the union's efforts to enforce a card-check neutrality organizing agreement.

After the court denied the employer's motion to stay, an arbitrator certified the union as the employees' collective bargaining representative. Two employers thereafter withdrew their challenges and negotiated collective bargaining agreements with the union. The union is currently arbitrating a range of issues arising from the third employer's misconduct, seeking substantial back pay for its members together with interest and punitive damages.

We won multi-million dollar arbitration awards and payments thereof for a labor union against several Fortune 500 companies for their failure to honor the successor and assign provisions of the parties' collective bargaining agreements, which were consequently adopted and assumed by the successor employers.

Our attorneys obtained dismissal of gender and age discrimination actions against a labor union. The claims were brought by one of the union's former grievance officers who was terminated for unsatisfactory work performance.

We represented a 7,500-member labor union to successfully defend against a federal government attempt to take over control of the union; to oust all of its elected officers; and to install a permanent government/court-appointed monitor to run the affairs of the union.

The government's efforts were the culmination of a three-year investigation by a joint Organized Crime Task Force constituted by personnel of the U.S. Attorney's Office (EDNY), the New York State Attorney General's Office and the U.S. Department of Labor's Office of Labor Racketeering.

As a result of our efforts, the union entered into an agreement of limited duration with the government. The agreement permitted the union to: a) retain a private independent inspector general in lieu of a government/court-appointed monitor; b) voluntarily adopt measures including changes to the union's bylaws to ensure internally and externally transparent ethical business practices and procedures; and c) have the union's affairs administered by the officers elected by the union's members.

Labor Law Counsel For Employers

Pitta LLP has represented employers and executive employees in a variety of matters, including the following:

Our attorneys, representing an employer who prior to our representation was subject to strikes, picketing, hand billing and an acrimonious labor relationship for more than a decade with one of New York City's largest unions, negotiated a card-check neutrality organizing agreement and the first of several successive labor contracts — without a strike and with no further labor strife in the workplace.

Under enormous time pressures created by the sale through an expedited RFP process of a
major New York City residential/commercial complex, Pitta LLP represented the facilities manager of the complex and one of the premier national facilities-management and cleaning/maintenance companies operating in the New York/New Jersey/Connecticut tri-state area.

Our attorneys successfully negotiated a series of successor labor agreements with six different unions covering 500 employees. By engaging the unions and the client's customer in the negotiations, our attorneys were able to effectuate a creative resolution to certain staffing and productivity issues that our client's customer had insisted could only be resolved by draconian workforce reductions and radical modifications to the labor agreement, which would have caused a labor strike or a lockout.

We successfully represented a Fortune 1000 union-organized construction company in connection with a United States government proceeding initiated to permanently bar the company from bidding on all future U.S. government construction projects due to the labor practices and conduct of certain of the client's corporate officers.

The bar would have had the collateral effect of possibly vitiating numerous existing state and local government and private sector construction contracts, as well as barring the company from bidding on future state and local government contracts and crippling the company's bonding capacity.

Our attorneys successfully overturned a multi-million dollar withdrawal liability assessment against a manufacturing employer through arbitration and federal district court litigation. Our client withdrew from a regional pension fund based on a specific calculation of withdrawal liability formulated by the Fund under ERISA. Following withdrawal, the Fund modified its rules and tripled our client's liability.

Despite the presumption of correctness granted Fund calculations under ERISA, we persuaded an American Arbitration Association arbitrator and the U.S. District Court for the Eastern District of New York to overturn the second assessment and limit the employer's liability to the first agreed amount.

Contact Pitta LLP

The labor and employment lawyers of Pitta LLP can be reached by email or by phone at 212-652-3890.