Local companies and national employers regularly call on me for representation on all aspects of labor relations.
Patrick Scully primarily focuses on labor law issues and helps clients successfully navigate complex and persistent claims from international and local labor unions. Patrick's work includes unfair labor practice charges and representation cases as well as federal and state court litigation. He frequently advises employers in collective bargaining negotiations and handles labor arbitration. Patrick also advises employers facing union organizing drives, strikes, picketing, and corporate campaigns.
A former National Labor Relations Board (NLRB) lawyer, union attorney, and corporate general counsel, Patrick possesses insight and a well-rounded perspective that few can match and that provide his clients a distinct advantage.
Patrick has handled more than 60 labor arbitrations, dozens of labor-related administrative law trials, roughly 20 labor-related administrative hearings, and approximately 30 labor-related federal court actions, including appearances in U.S. Circuit Courts of Appeal. In addition, he defends employers facing wage-and-hour and discrimination claims and provides counsel on general employment matters.
A long-standing management representative before the NLRB practice and procedure committee in Denver and a chapter editor for The Developing Labor Law, Patrick is a sought-after commentator on labor law issues and developments. He has frequently testified as well as advised governments on state and local legislation concerning labor law.
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the District of New Jersey
Experience
Prevailed in nationally significant independent contractor case, obtaining an order that a company’s franchisees were not “employees” under the National Labor Relations Act. Secured dismissal of NLRB petitions filed in three separate areas of the United States involving coordinated union attempts to organize independent contractors.*
Obtained orders from federal district courts vacating arbitration awards issued under the Railway Labor Act and the Labor Management Relations Act. In both cases, the arbitrator had exceeded his authority by altering the terms of the collective bargaining agreement.*
Successfully defended a class action brought by Communication Workers of America employees, against the company and the union, claiming they had been denied severance benefits. Showed that the company’s severance practices did not violate the collective bargaining agreement, a required element in the plaintiff’s claims. Plaintiffs, in response, dropped the entire case with prejudice.*
Assisted healthcare employer in successful defense of a nearly three-year organizing effort by national nurses union.*
Obtained dismissal in a United States Circuit Court of Appeals of an effort by an international union to compel arbitration over application of a neutrality and card-check agreement.*
Obtained dismissal for a large cable operator, just prior to its sale, of several decertification petitions alleging that the cable operator had induced and/or improperly assisted employees seeking to decertify the union.*
Twice successfully defended accusations from the United Food and Commercial Workers union that the client refused to recognize a particular union representative, winning first before the NLRB over union accusations that the client’s conduct was an unfair labor practice and winning the second time in federal court where the court was persuaded to deny the union’s motion to compel arbitration because the dispute was subject to the primary jurisdiction of the NLRB.*
* - Denotes representations handled by Patrick prior to joining Foley Hoag.
Honors & Involvement
HONORS
Best Lawyers in America, Employment Law - Management; Labor Law - Management (2027)
Best Lawyers in America, “Lawyer of the Year,” Labor Law – Management, Denver (2021, 2023)
Best Lawyers in America, Denver Employment Law – Management (2015-2026); Labor Law – Management (2020-2026)
Chambers USA, Recognized Practitioner, Labor & Employment, Colorado (2019, 2024-2026)
INVOLVEMENT
Chapter Editor, The Developing Labor Law
Regional Co-Chair, American Bar Association Committee on Practice and Procedure under National Labor Relations Act
Management Representative to National Labor Relations Board Practice and Procedure Committee, Region 27
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