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Clients regularly call upon Crowell & Moring to provide strategic advice and representation in connection with corporate restructurings where labor cost considerations and corporate culture are paramount. Our work in this area spans the globe and includes representations in the shipping, freight forwarding, energy, and transportation sectors. When labor unions are involved, we serve as lead negotiator to achieve our clients' collective bargaining or negotiation goals, including securing contracts that provide long-term flexibility and ensure productivity and/or defending post-impasse implementation of collective bargaining proposals that are designed to achieve the same result.

Our recent representations include the following:

  • Operationally restructured the worldwide market leader in the secure transportation business by achieving strategic workforce change through an internal and external labor relations strategy. This representation included prevailing in hundreds of proceedings before the NLRB and in various tribunals and courts throughout the U.S. and Canada in connection with elimination of the representational status of the historical collective bargaining representative. As a result of the operational restructuring and cultural change  implemented through our strategy, the employer achieved and retained non-union status in the U.S., as well as continued operational success  throughout North America for the 30-year period of the representation. Not one proceeding before any regulatory authority in the US and Canada, including the NLRB, EEOC and DOL, resulted in an adverse outcome during the period.
  • Structured the acquisition and merger labor relations strategy of the largest domestic non-union heavyweight freight forwarder in its acquisition of an organized competitor. Through the creative use of NLRB processes in conjunction with our restructuring strategy, acting as lead negotiator, national non-union status was achieved except for one location, thereby increasing asset value and operational productivity without any business interruption.
  • Structured the acquisition and labor strategy of a leading heavyweight freight forwarder, following vote for unionization by pilots of its domestic air carrier provider. After finalizing the transaction, we designed the operating structure of the entities to enhance the application of the NLRA to protect the freight forwarder and its non-union NLRA workforce. While acting as lead negotiator, we successfully negotiated a first contract encompassing pilots and other classes and crafts concerning various types of aircraft under the RLA, containing groundbreaking productivity and flexibility provisions concerning scheduling, compensation and dispute resolution provisions, which enhanced the operating success of the overall enterprise.
  • Restructured an operating strategy for the largest over-the-road mail carrier of the USPS following a series of acquisitions, and implemented a national bargaining strategy to change historic collective bargaining relationships while maintaining compliance with the Service Contract Act and the NLRA. This engagement included design of a labor relations strategy for multiple bargaining units of acquired operating groups located throughout the US. Acting as lead negotiator, we successfully negotiated pattern-making agreements which improved the carrier's competitive position for future government contracts, which resulted in no adverse outcomes in any proceedings before regulators, including the NLRB, DOL and EEOC.
  • Structured an acquisition labor strategy and methodology of two EU-based freight forwarders in the US, which included the integration of the business and revenue of the acquired US freight forward operations. We served as lead negotiator and our collective bargaining strategy yielded no adverse outcomes in proceedings before the NLRB, DOL, and EEOC.

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"Biden’s First 100 Days: Developments to Date and What Lies Ahead," Climate Law & Environmental Finance Update (May 7, 2021). Contacts: James G. Flood, Michael K. Atkinson, Tim Shadyac, Troy A. Barsky, Byron R. Brown, Caroline E. Brown, Robert A. Burton, Matthew Cohen, Kelly T. Currie, Jodi G. Daniel, W. Scott Douglas, Carina C. Federico, Paul Freeman, Thomas P. Gies, Alexis J. Gilman, Christine B. Hawes, Robert Holleyman, Stacie Heller, S. Starling Marshall, Shelley Su, Jeane A. Thomas, CIPP/E, Scott L. Winkelman, Tiffany Wynn
Client Alert/Newsletter
"CDC Issues New Guidance for Fully Vaccinated Individuals," Labor & Employment Law Alert - US (May 3, 2021). Contacts: Thomas P. Gies, Eric Su, Katie Erno, Suzanne E. Rode, Jessica S. Nam
Client Alert/Newsletter
"Whistleblowing – A Guide to Compliance: Part 3," Whistleblowing – A Guide to Compliance (May 3, 2021). Contacts: Preston L. Pugh, Emmanuel Plasschaert, Rachel Lesser, Stefanie Tack
Client Alert/Newsletter
"President Biden Signs Executive Order Mandating $15 Minimum Wage for Certain Employees on Certain Federal Contracts," (April 29, 2021). Contacts: Lorraine M. Campos, James G. Flood, Kris D. Meade, Rebecca L. Springer, Jillian Ambrose, Rina M. Gashaw
Client Alert/Newsletter
"New California Law Requires Re-Hiring of Laid-off Hospitality and Business Services Workers for Open Positions Through 2024," Labor & Employment Law Alert - US (April 28, 2021). Contacts: Thomas P. Gies, Kris D. Meade, Ira M. Saxe, Eric Su, Suzanne E. Rode, Kimberley Johnson
Client Alert/Newsletter
Washington-Area Appointments And Promotions For April 26 The Washington Post (April 25, 2021)
Media Mentions
"Labor & Employment in the US: New Administration, New Priorities," Crowell & Moring Webinar (April 22, 2021). Presenters: Glenn D. Grant, Christine B. Hawes, Suzanne E. Rode, and Kimberley Johnson.
Speech/Presentation
"From Competition to Collaboration: Shifting the Paradigm," Virtual Summit: Women in Law & Leadership (April 21, 2021). Panelist: Sadina Montani.
Speech/Presentation
"Website Wars: Eleventh Circuit Rules in a Split Decision That Websites are Not Public Accommodations for Purposes of the Americans With Disabilities Act," (April 20, 2021). Contacts: Thomas P. Gies, Ira M. Saxe, Eric Su, Rachel Lesser
Client Alert/Newsletter
Hire Up: SPAC Fever Is Driving Demand For Corporate Partners The American Lawyer (April 16, 2021)
Media Mentions

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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