Eric C. Stuart

Shareholder Morristown

Eric C. Stuart is a shareholder in the Morristown and New York City offices of Ogletree Deakins. He has a career-long commitment to representing employers in all aspects of traditional labor relations. Mr. Stuart has extensive experience representing management in collective bargaining negotiations, arbitrations, union organizing campaigns, as well as unfair labor practice and representation proceedings. He has significant experience in the construction, manufacturing, gaming, waste collection and recycling, warehousing, transportation, logistics, hospitality and service sectors.

Mr. Stuart has successfully counseled clients in virtually every aspect of labor law including implementing long range labor strategies, strike preparations and injunctions, project labor agreements, prevailing wage litigation, complex business mergers, relocations, plant closings, corporate campaigns, and maintaining positive employee relations. Mr. Stuart is a veteran litigator and is counsel of record in numerous reported decisions of the National Labor Relations Board. He has litigated before the NLRB a multitude of significant unfair labor practice matters including allegations of mass refusal to hire, surface bargaining, unilateral changes, and claims of unlawful discipline and discharge.

Mr. Stuart has developed and presented training programs for supervisors dealing with labor law compliance and other topics for human resources professionals. Mr. Stuart is a member of the firm's traditional labor steering committee and is also the author of numerous blogs and articles on developing labor relations issues. He also serves on the National Labor Relations Board, Region 22 Practice and Procedure Committee.


Experience

In addition to handling the full spectrum of traditional labor relations matters before the NLRB, Mr. Stuart also defends employers before state and federal courts, the EEOC and state agencies in prevailing wage, discrimination, sexual harassment, restrictive covenant, ERISA and wage and hour matters.

Representative Reported Cases

  • Framan Mechanical Inc. 343 NLRB 53 (2004) (NLRB overruled the administrative law judge and concluded that a construction contractor did not unlawfully discharge multiple union supporters during an organizational campaign).
  • People Care, Inc. 327 NLRB 814 (1999) (successfully defended health care employer against allegations of bad faith bargaining).
  • Sansla, Inc. 323 NLRB 107 (1997) (successfully defended a construction contractor in connection with allegations that a union contract extended beyond a single project to all of the company's operations).
  • Control Services, Inc. 319 NLRB 1195 (1995) (successfully defended a janitorial company against allegations of mass refusal to hire union members).
  • Schnabel v. Abramson, 232 F.3d 82 (2d Cir 2000) (case of first impression where Second Circuit Court of Appeals affirmed summary judgment in favor of the employer on ADEA claim).
  • Cement and Concrete Workers District Council Welfare Funds v. Structural Preservation Systems, Inc. 1999 U.S. App Lexis 29674 (2d Cir. 1999) (court affirmed decision of district court after multi-day ERISA bench trial that construction contractor did not agree to make benefit fund contributions beyond a single project).
  • Jersey Dept. of Labor v. P&R Construction, Inc. 1997 WL359042 (N.J. Adm), 97 N.J.A.R.2d (LBR) 43 (successfully defended public construction contractor in 3-day prevailing wage bench trial involving Department of Labor's attempt to impose the penalty of debarment).

Professional Activities and Speeches

Professional Activities:

  • The NLRB Region 22 Practice and Procedure Committee
  • American Bar Association (Labor and Employment Law Sections)
  • The New Jersey State and New York State Bar Associations
  • The Sidney Reitman Employment Law American Inn of Court

Speeches:

  • Ogletree Deakins Labor Law Solutions - ''Advanced Right to Work: How Right to Work Actually Works'' - Las Vegas - December 06, 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''The Latest Collective Bargaining Techniques—Has Your Duty to Bargain Changed?'' - Phoenix - May 10, 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''Labor Strategy From Scratch: Soup to Nuts Preparation'' - San Diego - May 03, 2017
  • Ogletree Deakins Not Your Father's Labor Law Environment Seminar - ''Dealing with Sticky Situations at the Bargaining Table'' - Las Vegas - December 09, 2016
  • Ogletree Deakins Not Your Father's Labor Law Environment Seminar - ''The Ever Expanding Definition of Employee'' - Las Vegas - December 08, 2016
  • Not Your Father’s NLRB - ''Labor Law Developments'' - Las Vegas - December 11, 2015
  • Ogletree Deakins Webinar - ''Understanding the NLRB’s New “Ambush Election” Rules'' - June 18, 2015
  • Ogletree Deakins Workplace Strategies Seminar - ''Organized Employers Beware: New Legal Pitfalls Courtesy of the NLRB'' - San Antonio - May 15, 2015
  • Ogletree Deakins National Webinar - ''Purple Communications: How Has the NLRB's New Ruling Changed Workplace Emails?'' - December 17, 2014
  • Ogletree Deakins Workplace Strategies 2014 - ''Where the Dice Land: Petitions, ULP Charges, and Remedies at Different NLRB Regional Offices'' - Las Vegas - May 2014
  • Ogletree Deakins Seminar - ''Collective Bargaining Standards'' - Florham Park - April 05, 2012
  • Ogletree Deakins Workplace Strategies Seminar - ''Not Your Father's NLRB - The New Organizing Dynamic'' - Chicago - May 2011
  • Stafford Publications Webinar - ''National Labor Relations Act Obligations for Union and Non-Union Employers'' - April 2011
  • Ogletree Deakins Breakfast Briefing - ''NLRB Compliance Update'' - Morristown - March 2011
  • Ogletree Deakins Breakfast Briefing - ''Labor Relations Update'' - Morristown - December 2010
  • Business and Legal Resources (BLR) Webinar - ''How to Effectively and Legally Resist Union Drives and Activities in Your Workplace'' - July 2010
  • New Jersey Chamber of Commerce and Ogletree Deakins Labor and Employment Law Briefing - ''Remaining Union-Free As Organized Labor Turns Up the Heat'' - Morristown - May 2010
  • American Fire Sprinkler Association/New Jersey Association of Fire Equipment Distributors - ''The Importance of Documentation: Avoiding a Plaintiff-Friendly Workplace'' - Mountainside - February 2010
  • Ogletree Deakins Webinar - ''The Fundamentals of Labor Law: Understanding the NLRA'' - November 2009
  • Mid-Atlantic Employers Association, Labor Relations and Employment Law Seminar - ''Remaining Union-Free in a Recharged Organizing Environment'' - Philadelphia - October 2009
  • International Warehouse Logistics Association - ''Positive Employee Relations'' - Bridgewater - December 2008
  • Mid Atlantic Employers Association Labor Relations and Employment Law Seminar - ''Preparing for the Employee Free Choice Act'' - Philadelphia - November 2008
  • University of Pennsylvania Law School - ''Labor Relations – A Management Attorney’s Perspective'' - Philadelphia - November 2008
  • National Labor Relations Board Region 22 Labor Law Conference - ''Unilateral Changes by Employers During The Term of a Collective Bargaining Agreement'' - Mountainside - November 2006
  • Interstate Labor Standards Association, Prevailing Wage Act Seminar - ''New Jersey Prevailing Wage Act Compliance: A Defense Attorney’s Perspective'' - Atlantic City - October 2006

Published Works

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Our Insights

The Practical NLRB Advisor: Fall 2018

October 15, 2018

New Jersey Law Expands Striking Workers’ Eligibility for Unemployment Benefits and Imposes Penalties for Hiring Permanent Replacements

September 12, 2018

Effectively Countering the NLRB’s Continued Obsession With Default Language in Informal Settlement Agreements

August 23, 2018

The Practical NLRB Advisor: Spring 2018

May 22, 2018

The Practical NLRB Advisor: Winter 2018

February 22, 2018

Newly-Appointed NLRB General Counsel Moves to Roll Back Agency Overreach and Activism

December 05, 2017

The Practical NLRB Advisor: Fall 2017

November 14, 2017

NLRB's New "Ambush Election" Rules Go Into Effect: Is Your Organization Ready?

April 14, 2015

NLRB General Counsel Issues Aggressive Immigration Initiative—Employers Now Face Extraordinary Penalties

March 09, 2015

NLRB Implements New “Ambush Election” Rules

December 15, 2014

NLRB Issues "Ambush Election" Rules—Union Elections Now Likely to Occur in Less than 21 Days

December 12, 2014

NLRB Establishes new Right for Employees To Use Company Email During Non-Working Time: Is The Obama Board Out Of Control?

December 11, 2014

Lauren McFerran Confirmed To National Labor Relations Board—Obama Union-Friendly Agenda Likely to Continue

December 09, 2014

NLRB Decisions on “Micro-Units” Provide Guidance for Employers Concerned With Union Organizing

August 07, 2014

OSHA and the NLRB Offer Safety Whistleblower Plaintiffs a Second Bite of the Apple by Resurrecting Untimely Whistleblower Claims

May 28, 2014

NLRB Reissues Proposal For Ambush Elections: Are You Prepared?

April 01, 2014

Shame On Who? Responding to Union Corporate Campaigns, Protests, and Bannering

March 31, 2014

Social Media & Protected Activity: Not Always a Third Rail for Employers

March 04, 2014

Is the NLRB’s Obsession with “Default Language” in Informal Settlement Agreements Waning?

February 07, 2014

Reconstituted NLRB Moving Quickly To Enact Reform Agenda

February 07, 2011

Media

Media Quotes

December 03, 2018 - Bloomberg BNA - "Punching In: What’s Next for Alex Acosta?"
December 17, 2014 - HR Morning - "NLRB's 'Ambush' Election Rule: 12 Things All Employers Need to Know Now"
December 11, 2014 - Law360 - "Lawyers Weigh In on NLRB Employer Email Ruling"

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