Where a labor dispute is actually decided
For most private employers, the National Labor Relations Board handles unfair labor practice charges and union representation questions under the National Labor Relations Act. For New York's public sector, a separate state framework applies, often called the Taylor Law, administered by the Public Employment Relations Board, and strikes by public employees are prohibited under it. If a collective bargaining agreement is in place, many disagreements go through its grievance and arbitration procedure rather than to a court or an agency. Workers who act together about pay or conditions can be protected even without a union, which surprises some employers. The forum shapes everything else, so sorting out which one applies comes first.
What to keep and how to communicate
Charges with the Board have a short filing window, so waiting to see how things develop can cost a claim. On the worker or union side, keep notices, schedules, discipline records, and messages that show what was said and when. On the management side, keep a record of the business reasons behind any decision made during an organizing campaign or negotiation, because timing will be examined closely. Statements by supervisors about a union, even casual ones, can become evidence in a charge. Employers should get advice before announcing changes to pay, schedules, or staffing while bargaining is under way, since unilateral changes are a frequent source of disputes.
Questions we sort out at the start
We look at whether the people involved are employees covered by labor law or are supervisors, managers, or independent contractors who fall outside it. We look at whether a contract exists, what it says about grievances, and whether the issue is really one for bargaining. If a charge has been filed or is being considered, we talk about what the agency is likely to ask for and how the parties will respond. We also ask what the relationship needs to look like after the dispute, because in labor relations both sides usually keep working together, and the approach should account for that.
