Seth H. Borden has been representing management in labor and employment matters since 1998. His traditional labor law practice is focused on labor-management relations, collective bargaining, response to union organizing, labor arbitration, and unfair labor practice investigations and litigation before the National Labor Relations Board.
Seth has helped employers develop comprehensive enterprise-wide labor relations strategies, advised employers on dozens of union organizing efforts, and negotiated collective-bargaining agreements for employers in the automotive, aerospace, manufacturing, gaming, logistics and telecommunications industries.
He has served as lead counsel in numerous arbitrations involving issues of discipline, termination, contract interpretation, discrimination and harassment. Seth has testified before Congress regarding proposed legislation and other developments in labor law, most recently regarding the National Labor Relations Board’s 2015 rules expediting union representation elections.
Seth speaks regularly and is frequently quoted on the labor law implications of social media and other evolving technologies in the workplace, having authored the traditional labor law chapter of the first known treatise on the subject, Think Before You Click: Strategies for Managing Social Media in the Workplace, Thompson(2011).
He has also successfully represented clients in federal and state court litigation in matters arising under Equal Employment Opportunity laws, ERISA, the Family Medical Leave Act, Fair Labor Standards Act and other federal and state employment statutes; and, in administrative proceedings before the United States and New York State Departments of Labor, the New York Attorney General and other government agencies.
He regularly provides advice and guidance to clients regarding personnel decisions, development of employee policies and handbooks, wage-hour issues, and related personnel matters.
- Negotiated what is widely believed to be the first collective-bargaining agreement under a Native American tribal labor statute, covering 2,400 employees at a tribal casino.
- Represented a major automotive manufacturer in connection with matters before the National Labor Relations Board in which the United Auto Workers filed a petition seeking to represent 3,800 mechanics at a large southern manufacturing facility; and, successfully defended numerous unfair labor practice charges filed in connection therewith.
- Advised a defense contractor in connection with its successful response to a union’s effort to organize a micro-unit of mechanics in a large California production facility.
- Obtained summary judgment on pension fund’s ERISA suit against a Service Contract Act employer, dismissing claims for statutory liquidated damages on late-paid contributions made prior to commencement of suit.
- Obtained dismissal of foreign energy company’s corporate officials and high-level managers as named defendants in federal employment and contract litigation brought by two sales representatives.
- Advised telecommunications company regarding impact of collective-bargaining obligations in connection with bankruptcy reorganization, and potential acquisition.
- Brooklyn Law School, JD, 1997
- Brandeis University, BA, 1995
- New York
- Mashantucket Pequot Tribal Court
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
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