Employment Law Labor Union Matters Cooperative Legal & Consulting Member Relations System & Territorial Issues Subsidiary Activities Legal Audits
Affirmative Action Programs Customized Board Governance Policies Customized Personnel Policies Human Resources Audits On-site Training Labor Contract Audits and Consulting
Lawyers for Cooperatives
 

employment Law

Smith and Christensen, PLLC, has a wealth of experience in the ever-expanding area of employment law. Among other areas, our practice addresses issues under or involving:

  • Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, pregnancy, and national origin); 

  • Americans With Disabilities Act (ADA); 

  • Age Discrimination in Employment Act (ADEA); 

  • Consolidated Omnibus Budget Reconciliation Act (COBRA); 

  • Employee Retirement Income Security Act (ERISA); 

  • Fair Labor Standards Act (FLSA); 

  • Family and Medical Leave Act (FMLA); 

  • Health Insurance Portability and Accountability Act (HIPAA); 

  • Occupational Safety and Health Act (OSHA); 

  • Uniformed Services Employment and Re-employment Rights Act (USERRA); 

  • Whistleblower laws; 

  • Retaliation; and

  • Wrongful termination. 

We represent cooperatives at the administrative, trial, and appellate levels of employment litigation.  However, the mark of genuine success in employment law is avoiding the claim altogether. Smith and Christensen, PLLC, works with cooperatives daily, whether through a quick telephone call or an on-site visit, to implement policies and strategies that will not only satisfy the cooperative’s personnel objectives, but also help prevent discrimination and other employment claims. To help achieve these objectives, we also offer customized personnel policies and we are available to conduct human resource audits and supervisor training.

 
 

Labor Union Matters

Smith and Christensen, PLLC, brings more than 35 years of ongoing experience to the table when representing cooperatives in a wide range of labor issues, including:

  • Union avoidance; 

  • Elections; 

  • Collective bargaining; 

  • Arbitration; 

  • Grievances; 

  • Unfair labor practice (ULP) charges; 

  • Decertification petitions; 

  • Labor-management relations; 

  • National Labor Relations Board (NLRB) issues; and

  • Right-to-work issues. 

The firm’s close relationship with cooperatives and their management teams offers a tremendous advantage in developing effective union avoidance and campaign strategies. With our extensive experience on election campaigns at electric and telephone cooperatives, we know what works and what does not.

Our background with cooperatives and our detailed knowledge of other contracts in the industry allow us to direct negotiations toward productive terms and to police against the union’s efforts to play one cooperative against another during successive years of contract negotiations.

Risk avoidance is also a critical part of the firm’s labor practice. For example, we will work with your Board so your Directors will not be “set up” for an unfair labor practice (ULP) charge and we will train your management staff regarding restrictions on their conduct (i.e., no threats, interrogations, promises or surveillance). We can also help you protect your Cooperative from union efforts to infiltrate or otherwise influence Board elections.

 
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Electric and Telephone Cooperative Legal & Consulting Services

Smith and Christensen, PLLC, concentrates on representing non-profit rural electric and telephone cooperatives. Please contact us if you have further questions about our legal services and range of supporting products for the cooperative industry.

 
 

Member Relations

All too frequently, member relations issues give rise to special legal concerns for cooperatives. Smith and Christensen, PLLC, is available to consult with you regarding a vast array of member relations issues, including: 

  • Annual meetings; 

  • Member bankruptcy; 

  • Confidentiality; 

  • Transparency; 

  • Member inspection of corporate records; 

  • Member attendance at Board meetings; 

  • Member requests for information; 

  • Meter tampering; 

  • Property damage; 

  • Right-of-way and easement disputes; 

  • Service complaints; 

  • Service rules; 

  • Adverse publicity; and 

  • “Stray voltage” 

 

 
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System & Territorial Issues

Smith and Christensen, PLLC, regularly consults with cooperatives concerning legal issues affecting their distribution systems, such as:

  • Bidder qualifications and other RUS obligations;

  • Catastrophe response and FEMA requirements;

  • Construction delays;

  • Joint-use agreements;

  • Pole attachments;

  • Right-of-way and easement challenges;

  • Safety; and

  • Wholesale power issues.

Territorial issues also present unique legal challenges for cooperatives.  In this area, we are available to:

  • Negotiate territorial assignments and franchise agreements;

  • Resolve corridor and service issues; and

  • Help develop proactive approaches for maximizing future service opportunities.

 
 

Subsidiary Activities

Increasingly, cooperatives are looking to diversified subsidiary activities to strengthen their economic standing and deliver value to their members. Smith and Christensen, PLLC, can help you establish your subsidiary businesses and advise you regarding statutory and other legal compliance issues. The firm can also help cooperatives obtain a § 501(c)(3) exemption for their charitable endeavors.

 

 

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Legal Audits

Cooperatives and their boards have become primary targets for class action litigation. The stakes are high - directors and officers are being sued in their individual capacities.

Smith and Christensen, PLLC conducts comprehensive audits in the areas being attacked by class action lawyers. The firm identifies practices that might be objectionable and recommends policies, procedures and actions designed to reduce the likelihood of legal claims in the areas of:

  • Legal duties of directors;

  • CEO and director compensation;

  • Director benefits and expenses;

  • Board governance policies and procedures;

  • IRS 990 compliance;

  • Capital credits retirement; and

  • Ethics and conflicts of interest.