Davis & Kuelthau | Attorneys at Law

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Bob_Y

D&K has represented the YMCA for over 60 years.

Labor and Employment

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Not every company has a human resources department, but every company, regardless of size or industry, has human resources, the people who perform the tasks that keep the business going. Our Labor and Employment group assists businesses with the myriad of issues that arise when dealing with one of every company's most valuable assets, its employees.

We provide companies with advice to make processes efficient, effective and legally sound. On an as needed basis, we step in to assist with events like contract negotiations. When an unexpected event requires a response such as an employee discipline situation, we counsel our clients on the best legal and practical strategy. We provide pro-active advice geared to reaching solutions without litigation wherever possible.

Collective Bargaining and Contract Mediation

Collective bargaining is an on-going process, not a one time event. There needs to be ample preparation, firm bargaining and consistent interpretation, which all lead back to the next round of negotiations. We are experienced with all aspects of strategic planning and bring a variety of negotiating tactics to the table when serving as chief spokesperson. Our team also provides ardent defense of the final offer in mediation or arbitration cases.

Contract Administration and Grievance Arbitration

Our first goal is to avoid grievances with consistent and accurate contract interpretation. If a conflict is unavoidable, we defend management rights in grievance arbitration.

Discipline and Discharge 

When employee misconduct occurs, we guide employers through the investigation process, the assessment of consequences, and the final resolution with the employee.

Day To Day Employment Issues

We provide counsel on all aspects of the employment relationship including hiring procedures, transfers and promotions, leaves of absence, wage and hour issues, worker's compensation, unemployment compensation, disability accommodation, and privacy concerns.

Strike Preparation and Responses

We advise employers on strategies to avoid strikes, walkouts, and work slowdowns. In the event of a strike, we assist with the employer's response.

Union Organization and Decertification

Unions have become more aggressive in recent years as they seek to increase their membership. We regularly help companies respond to union campaigns and maintain a union free environment. For businesses that already have unions established but where the employees have become dissatisfied with the union, we assist with the decertification process, ensuring compliance with National Labor Relations Board rules.

National Labor Relations Board (NLRB) Proceedings

We cover most NLRB matters such as unfair labor practice complaints, accretion and unit clarification hearings, and identification of mandatory/permissive subjects of bargaining.

Subcontracting

More frequently than ever, companies are turning to subcontractors as one means to control costs. We provide guidance on how to manage these unique employment relationships.

Layoffs and Reductions in Force

We advise on the legal and contractual issues related to these difficult business decisions.

If you would like more information regarding our Labor & Employment practice, please contact Kirk Strang at 608.280.6203 or kstrang@dkattorneys.com.

Attorneys' Notable Representations

  • Trotier

    Geoffrey S. Trotier

    In 2006, Geoff successfully represented a multi-state telecommunications corporation against an employee claiming disability discrimination. With his representation, the employer defeated these claims, avoiding liability and damages.

  • Burns

    Robert W. Burns

    On behalf of a large, Wisconsin based company, Bob successfully negotiated a revised compensation structure into the Company’s collective bargaining agreement with the Teamsters. The new plan moved the employees to a commission-based incentive structure in 2008.

  • Kalny

    James M. Kalny

    In 1996-2002, Jim organized and assembled County Human Resource Department of Green Bay and Brown County. He drafted all documents needed for the consolidation including the intergovernmental agreements creating the department and oversight commission. He managed the department as its director for five years. During that time, he negotiated three rounds with 34 bargaining units, accomplishing the initiation of insurance contributions by all units, implemented a new class income study for the county; and, helped to consolidate the city and county dispatch departments into one department.

  • Lacy

    Geoffrey A. Lacy

    Geoff successfully defended a school district in a sex and age based discrimination suit following hearing before an administrative law judge of the Equal Rights Division. The case was dismissed in its entirety.

  • Trotier

    Geoffrey S. Trotier

    Geoff has successfully represented several employers in enforcing non-compete agreements.

  • Macy

    James R. Macy

    Recently, Jim was involved in a series of negotiations resulting in various employment resignations, which if not successful, could have resulted in costly and protracted litigation.

  • Renning

    Tony Renning

    Tony is providing advice and counsel to Prestige Healthcare, Inc. in the defense of a FMLA Complaint filed with the Wisconsin Department of Workforce Development, Equal Rights Division.

  • Williams

    Edward J. Williams

    Ed has experience representing numerous employers on complex salary schedule grievance arbitrations as well as grievance arbitrations concerning self-funding of healthcare benefit plans.

  • Yokom

    Mark F. Yokom

    In 2007, Mark successfully defended a public sector client in a grievance arbitration case allowing the employer to uphold an employee termination.

  • Hemmer

    Paul C. Hemmer

    Paul represented a school district in a disciplinary grievance involving discharge of an employee for removing a document from the desk of a supervisor, making a copy, and showing the document to other employees. The document related to discipline of another employee. The document was located in a concealed position. It was necessary for the employee to look for the document. The case also presented the very difficult issue of compelling one Union member to testify against another.

  • Trotier

    Geoffrey S. Trotier

    On behalf of a multinational corporation facing claims under the federal Family and Medical Leave Act, Geoff obtained summary judgement through a defense that included several novel arguments not previously addressed by the Eastern District of Wisconsin.

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