Areas of Practice

Municipal Labor and Employment Law

Collective Bargaining

  • Traditional Management/Labor Negotiations
  • Collaborative Bargaining
  • Hybrid Approach
  • Impact Bargaining

Mediation

  • Represent Employer in Mediation of Contract Disputes and Collective Bargaining Impasses
  • Mediation Before Board of Conciliation and Arbitration
  • Mediation Before American Arbitration Association
  • Mediation Before Joint Labor Management Committee
  • Mediation With Private Mediators

Grievances

  • Provide Counsel to Employer at All Stages of Grievance Process
  • Assist in Preparation of Grievance Responses
  • Represent Employer at Grievance Hearings
  • Make Recommendations to Employer Regarding Resolution of Grievances

Contractual Arbitration

  • Represent Employer in All Contractual Arbitrations
  • Serve as Lead Trial Counsel
  • Attend To Selection of Arbitrators
  • Prepare All Witnesses
  • Draft Post Hearing Briefs For Consideration by Arbitrators
  • Arbitration Before Board of Conciliation and Arbitration
  • Arbitration Before American Arbitration Association

Statutory Arbitration

  • Represent Employer in All Statutory Arbitrations Under Mass. G.L. c. 71 and Mass. G.L. c. 150E
  • Serve as Lead Trial Counsel
  • Attend To Selection of Arbitrators
  • Prepare All Witnesses
  • Draft Post Hearing Briefs for Consideration by Arbitrators
  • Arbitration Before Board of Conciliation and Arbitration
  • Arbitration Before American Arbitration Association

Prohibited Practice Proceedings/Representation Disputes

  • Provide Counsel to Employer Regarding Conduct of Unions and Employer in Context of State’sPublic Sector Labor Law
  • Provide Defense to Employer in Connection With Unfair Labor Practice Charges Proceeding Before the Department of Labor Relations
  • Assist Employer in Connection With Representation Disputes and Petitions Filed by Labor Unions
  • Draft All Written Submissions and Post Hearing Briefs in Connection With Matters ProceedingBefore the Labor Relations Commission

Employee Discipline

  • Provide Counsel to Employer Prior to Imposition of Discipline
  • Assist in the Drafting of Disciplinary Correspondence
  • Assist Employer in Ensuring That All Statutory Disciplinary Requirements and Due Process Requirements Are Met
  • Participate Directly or on Consulting Basis in Disciplinary Investigations
  • Represent Employer in Disciplinary Hearings under Mass. G.L. c. 71 and Mass. G.L. c. 31
  • Represent Employer Before State Agencies in Connection With Discipline – Civil Service Commission; Department of Labor Relations

Discrimination Complaints

  • Provide Counsel to Employer in Connection With Alleged Discrimination Cases
  • Prepare Written Submission In Connection With Probable Cause Investigation By Massachusetts Commission Against Discrimination/EEOC
  • Represent Employer as Lead Trial Counsel at Public Hearings Before Massachusetts Commission Against Discrimination/EEOC
  • Draft and File Post Hearing Trial Brief
  • Handle All Applicable Appeals of Decisions of Massachusetts Commission Against Discrimination/EEOC

Unemployment Claims

  • Represent Employer in Connection With Unemployment Hearings

Civil Litigation

Provide Representation to Client in Civil Litigation Matters Proceeding in Both Federal and State Courts

Representation Includes All Aspects of Litigation

  • Drafting Complaints, Answers
  • Drafting Discovery Requests
  • Responding to Discovery Requests
  • Preparation of Witnesses and Exhibits For Trial
  • Represent Client as Lead Trial Counsel

Sample Listing of Types of Litigation Handled

  • Contract Disputes
  • Appeals of Administrative Agency Decisions
  • Tort Claims Act Cases
  • Indemnification and Contribution Issues
  • Open Meeting Law Complaints
  • Discrimination and Harassment Cases

Contract Negotiations

  • Contracts With Key Administrators – Superintendents; Principals
  • Contracts With Vendors and Service Providers
  • Contracts With Employment Agencies – Temporary Employees

Client Counseling

  • Provide Counsel to Clients in Written Form and Orally in All Areas
  • Provide Counsel With Respect to Possible Litigation
  • Provide Counsel With Respect to Collective Bargaining Strategy
  • Provide Counsel With Respect to Settlement of Disputes

Client Training and Professional In-Service Presentations

Attend and Present Training at Client Administrator and Faculty Meetings and Conferences

  • Sexual Harassment Training
  • Investigation Training
  • Evaluation Training
  • Personnel Policies and Handbook Training and Revisions
  • Disciplinary Procedures Training

Call the Law Offices of Sean P.  Sweeney, P.C.  Today at (508) 747-4224

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