James W. Bucking

  • Partner
  • Boston
  • 617 832 1182 direct
  • 617 832 7000 fax

As the Deputy Coordinator of Foley Hoag’s Labor & Employment Department, Jim Bucking has compiled an impressive record of success in representing corporations and other employers in union disputes, wage/hour controversies, discrimination allegations, and other labor and employment matters. 

Management clients seek Jim’s representation at the bargaining table in union negotiations involving the Teamsters, Electrical Workers, Steelworkers, Utility Workers, Broadcast Employees, Service Employees, Textile Workers, Building Trades, Police and Firefighters. He also advises clients on day-to-day personnel matters, drafts employment agreements and policies, and assists with sexual harassment and discrimination investigations.

Jim has in-depth experience representing clients involved in manufacturing, distribution, retail, health care, hospitality, energy, telecommunications, high tech and education. He has worked extensively on behalf of such major corporations as Anheuser-Busch, Inc., PG&E National Energy Group, Mariner Health Care, M/A-COM, Inc., PolyOne Corporation, Verizon Communications and Cornell Dubilier Electronics, Inc. He also has significant experience representing such public sector employers as the Massachusetts Lottery Commission and the cities of Boston, Lawrence, and Lowell in labor disputes. He has defended many employers in court and before the Massachusetts Commission Against Discrimination against discrimination and sexual harassment complaints. In a number of these actions, Jim won summary judgment motions resulting in the dismissal of discrimination complaints against his clients while establishing new law in Massachusetts favorable to employers. Jim's extensive litigation experience also involves injunction and damages cases in court, in private arbitration and at NASD related to non-compete lawsuits.

Given his record of accomplishment in high-profile labor and employment matters, Jim is frequently sought out for comment by major media organizations. He has been quoted as a knowledgeable employment lawyer in Boston Business Journal, Lawyer’s Weekly, Boston.com, Salon.com and Lawyer's Journal. His broadcast media activities include appearing as a guest on Emily Rooney’s "Greater Boston" program, WGBH-TV. He also spoke about layoff matters on "The David Brudnoy Show" (WBZ Radio 1030 AM).

Bars and Court Admissions

  • Massachusetts
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals, First Circuit

Representative Experience

The following is a brief summary of James's experience and accomplishments:

  • Represented numerous clients in the negotiation, implementation and litigation of neutrality agreements for union organizing
  • Tried dozens of arbitration cases and related proceedings arising out of a hotly contested 105-employee layoff, including an administrative trial before the state Labor Relations Commission upholding the lawfulness of the layoffs (19 MLC 1551, aff’d 22 MLC 1468)
  • Served as trial counsel for a major national manufacturer in a lengthy NLRB proceeding in which the client prevailed on bad faith bargaining, secondary boycott and threat of violence charges against the Teamsters Union, secured three separate federal court injunctions against the Union and won an unprecedented award of attorneys’ fees and litigation costs [reported at 334 NLRB No. 137]
  • Represented a client in federal court in New York and before Region 2 of the NLRB (Manhattan) in a dispute over the union’s majority status after a count of authorization cards made under a neutrality and card check agreement
  • Advised and represented clients through four union decertification proceedings which resulted in employee votes to remove incumbent unions as bargaining representative
  • Obtained Boys Markets TRO and preliminary injunction in federal court in New York, with the judge ordering 400 employees back to work after an illegal strike
  • Obtained Norris-Laguardia Act injunctions in Federal Court in Massachusetts, to end illegal pickets and other strike-related misconduct in the midst of a lengthy labor dispute
  • Successfully appealed to court to overturn an arbitrator’s award against a client on grounds that the arbitrator exceeded his authority under the collective bargaining agreement
  • Won an NLRB trial before an administrative law judge and a resulting NLRB appeal where the union alleged that our energy industry client had improperly terminated its employee pension plan after acquiring the assets of a Massachusetts utility (341 NLRB No. 142)
  • Provided pro bono representation to a unionized legal services organization with respect to its affiliation with a non-union counterpart, including effects bargaining with the union
  • Convinced the NLRB to overturn an administrative law judge’s decision against a client company, arguing successfully that the union’s aggressive and unconventional behavior in presenting grievances to the company rendered the union’s conducted unprotected by law (338 NLRB No. 78)
  • Obtained dismissal of an NLRB election petition for a construction client in Region 34 (Connecticut) on the grounds that there was a “contracting unit”
  • Won an NLRB trial on behalf of a power plant client which had eliminated a 30% incentive bonus during first-contract negotiations and later unilaterally implemented a variety of work rules and economic items (2006 WL 721474)
  • Obtained dismissal, on ERISA pre-emption grounds, of a claim for health benefits for an employee’s ex-spouse in state court
  • Succesfully defended energy trading company in arbitration brought by former employee seeking annual bonus, severance, and other damages
  • Served as a Special Assistant Attorney General, representing a public employer in successfully overturning a civil service decision at the Massachusetts Appeals Court (60 Mass. App. Ct. 1120)
  • Obtained dismissal of an employment arbitration claim filed by a former CEO of our client company, in which the CEO sought a six-figure bonus after sale of the company
  • Negotiated, on behalf of a large municipality, a city-wide project labor agreement with the Building Trades unions and drafted the executive order implementing the PLA (reported in 9/3/97 DAILY LABOR REPORT)
  • Served as trial counsel for a prominent state agency in an MCAD age discrimination proceeding which resulted in a favorable verdict for our client (21 MDLR 182)
  • Secured summary judgment motions dismissing discrimination complaints while establishing new law in Massachusetts favorable to employers, including a hearing in State Superior Court which resulted in the dismissal of an employment discrimination suit by a transsexual who asserted that this condition was a legally recognized handicap (3 Mass. L. Rptr. No. 9, 196), a hearing in Federal District Court resulting in the dismissal of a civil rights claim on grounds of preemption (906 F. Supp. 65), and a hearing in State Superior Court where the judge rejected the plaintiff’s argument that an age discrimination claim constituted a continuing violation (17 Mass. L. Rptr. 699)
  • Prevailed in a hostile environment sexual harassment arbitration on behalf of a supermarket client, with the arbitrator finding that the plaintiff lacked credibility
  • Successfully represented a personnel placement company in a commission dispute with a former employee, securing a state court decision that limited the reach of the Massachusetts Wage Act when payment is based on contingencies (2001 WL 716911)
  • Obtained a favorable verdict for our biomedical industry client (which was the lead case cited in a national publication that reports significant developments in wage and hour law) after a bench trial in U.S. District Court, by convincing the Court to dismiss a prosecution by the Department of Labor alleging misclassification of salaried employees (cited at 907 F. Supp. 512)

professional / civic involvement

  • Massachusetts Bar Association, Labor and Employment Section
    • Chair (2001-2002)
  • American Bar Association, Labor and Employment Section 
    • NLRB Practice and Procedure Committee, Regional Management Chair 
    • Development of the Law Under the NLRA Committee  Labor Agency Liaison
  • Lex Mundi, Labor and Employment Section
    • Chair
  • Town of Needham Personnel Board, Vice Chair (1994-1997)
  • Town of Needham Assessors Review Committee, Chair (1996-1997)
  • SJC Judicial Youth Corps, Legal Training (2002)

SPEECHES AND CONFERENCES

  • Panelist, “Private Elections and Card Checks,” NLRB Practice and Procedures Committee Meeting, March 2006
  • Panelist, “Collective Bargaining in the New Millennium,” Massachusetts Bar Association, April 2005
  • Panelist, “Help! I Need an Employment Attorney,” Boston Bar Association, April 2005
  • Appointee, Labor Agency Liaison Meeting, American Bar Association, November 2004 and November 2005
  • Panelist, “Collective Bargaining Process,” American Bar Association, March 2004
  • Panelist, “Deferral of Information Request Charges,” NLRB Practice and Procedures Committee Meeting, February 2004
  • Program Chair, “Employment Class Actions,” Massachusetts Bar Association, June 2003
  • Panelist, “Wage and Hour Issues,” MBA Annual Conference, May 2003
  • Speaker, “The Massachusetts Wage Act,” MCLE, December 2002
  • Panelist, “Labor Relations Involving Multiple Employers,” American Bar Association, June 2002
  • Panelist, “Upgrading Your Workforce in a Down Economy,” Greater Boston Chamber of Commerce, February 2002
  • Panelist, “Collection and Presentation of Evidence in 10(j) Cases,” 29th Annual Joint Labor Law Conference, October 2000
  • Panelist, “State & Federal Wage Statutes: What Every Employment Lawyer Should Know,” Massachusetts Bar Association, March 2000
  • Speaker, “Basic Law & Procedures Under the NLRA,” American Bar Association, June 1999
  • Program Chair, “The Changing Face of Employment Law,” Massachusetts Bar Association, March 1998
  • Program Chair, “Lawyer in the Hot Seat: Counsel as Witness in an Employment Dispute,” Massachusetts Bar Association, February 1997
  • Speaker, “The Overlap Between the NLRA and Anti-Discrimination Law,” Massachusetts Bar Association, December 1996
  • Panelist, “The Beginning and End of Arbitration: Procedural and Remedial Issues,” Massachusetts Bar Association, October 1996
  • Speaker, “Temps, Contractors and Telecommuters: It’s Time to Face Up to the Legal Risks,” Personnel Law Update Conference, October 1996
  • Speaker, “Human Resources Legal Update,” Taunton Chamber of Commerce, December 1995
  • Panelist, “Domestic Violence and its Effect on the Workplace,” Employee Assistance Program, October 1995
  • Panelist, “Individual Liberty vs. Collective Interests: Conflicts in the Workplace,” Massachusetts Bar Association, September 1995
  • Speaker, “Violence in the Workplace,” Employee Assistance Program, March 1995
  • Panelist, “Drug and Alcohol Issues in Arbitration,” Massachusetts Bar Association, June 1994

publications

  • "Massachusetts Wage and Hour Laws: What Every Manager Should Know" (2007)
  • Chapter Author, "The Family and Medical Leave Act" (BNA) (2007)
  • Chapter Editor, "How to Take a Case Before the NLRB," BNA (2003)
  • Chapter: "Post-employment Benefits," Drafting Employment Documents in Massachusetts - MCLE (September 2002)
  • Chapter: "Discovery in Alternative Forums," Massachusetts Discovery Practice -MCLE (May 2002)
  • Editor, "A Guide for Massachusetts Employers: The Basics of Federal and State Labor and Employment Law" (2001)
  • "Epilepsy Foundation Raises Questions About Scope of Federal Labor Law," Massachusetts Bar Institute Section Review (Winter 2000)
  • "NLRB Rules for Employer in Election-Bar Dispute," NLRB Watch (September/October 2000)
  • "OSHA Helps Health Care Employers Curb Violence," Boston Business Journal (May/June 1996)
  • "Employers Can Be Held Liable for Third-Party Sexual Harassment," Boston Business Journal - Human Resources Supplement (August 1995)
  • "Beyond the ADA: Protection of Employees with Drug and Alcohol Problems in Arbitration," The Labor Lawyer (Winter/Spring 1995)
  • "Employers Ignore Harassment at Great Peril," Boston Business Journal (September 1994)
  • "Beyond the ADA: Protection of Employees with Drug and Alcohol Problems in Arbitration," The Disability Law Reporter Service (July 1994)
  • "Smoke-Free Environments in Employers’ Hands," Boston Business Journal (May 1994)
  • "Few Labor Burdens on U.S. Companies in Mexico," Boston Business Journal (March 1994)
  • "Amendment to Personnel Record Statute Significantly Affects Massachusetts Businesses, A.I.M. and the Law" (Winter 1993)