Steven Swirsky Quoted in “New Labor Relations Challenge Lawyers, Professional Codes Create Ethical Obligations”

Bloomberg BNA Daily Labor Report

Steven M. Swirsky, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm's New York office, was quoted in Bloomberg BNA’s Daily Labor Report, in “New Labor Relations Challenge Lawyers, Professional Codes Create Ethical Obligations,” by Lawrence E. Dubé.

Following is an excerpt:

Steven M. Swirsky, who represents employers at Epstein Becker & Green in New York, said multinational employers are bringing to the U.S. not only their own designs and methods of production but also their own notions about employment and labor relations. …

Swirsky said the attorneys attending the conference are all familiar with the NLRA, but individuals and organizations are asking questions about nontraditional models of labor relations that have not been part of traditional labor law practices in the United States.

For example, Swirsky said, some companies are interested in interacting with employee councils or committees in order to encourage consultation or discussion about workplace issues. Inquiries about such practices obviously raise significant questions under the NLRA.

Some of the alternative models that interest employers may not be ones that lawyers have used or personally favor, and practitioners may need to educate themselves about matters outside their traditional expertise, Swirsky said. “Competency may require looking beyond just the [National Labor Relations] Act” to understand the client's goals and assist the organization in accomplishing what it thinks is best, the attorney cautioned.