James R. LaVaute

With over 35 years of experience, James R. LaVaute is at the forefront of representing private and public sector labor unions and engages in a wide variety of proceedings, including contract negotiations, National Labor Relations Board and Public Employment Relations Board cases, arbitration and litigation. Jim is among an elite list of attorneys that have been listed in The Best Lawyers in America for ten years or longer.

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James R. LaVaute
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Areas Of Practice
Education
  • Juris Doctor, cum laude, 1972, Syracuse University, Syracuse, New York.
    • Associate Editor, Syracuse Law Review
  • Bachelor of Science, 1969, Le Moyne College, Syracuse, New York

Bar & Court Admissions
  • New York State (1973)
  • United States District Court for the Northern District of New York (1975)
  • United States District Court for the Western District of New York (1977)
  • United States Court of Appeals for the Second Circuit (1981)
  • United States Supreme Court (1982)
  • United Sates Court of Appeals for the First Circuit (1990)
  • United States Court of Appeals for the Fourth Circuit (1991)
  • United States Court of Appeals for the Third Circuit (2004)
  • United States Court of Appeals for the District of Columbia Circuit (2007)

Significant Representations
  • Tried a unit clarification proceeding before the National Labor Relations Board (NLRB) wherein an order was issued clarifying the collective bargaining unit and petitioned the NLRB for appeal and review of that decision.
  • Successfully litigated a high-profile plant relocation case whereby millions of dollars of back pay was collected and the union was awarded recognition at the relocated workplace.
  • Successfully litigated numerous cases to either stop double-breasted operations or secure favorable long-term union contracts to limit double breasting.
  • Successfully litigated NLRB Section 10(j) injunction cases. In one instance we obtained an order barring a plant relocation within the United States. In another, we obtained an order requiring recognition of the union and application of the labor contract by a successor employer at a relocated workplace.

Publications
  • Editor, “The Developing Labor Law,” Third Edition (P. Hardin, Ed. in Chief, 1992). Associate
  • Editor, “The Developing Labor Law,” C.J. Morris Edition, 1983, Editor-in-Chief, Fifth Supplement, 1982-1988 and Associate Editor, 1982-1984, 1982-1985 and 1982-1986 Supplements

Speaking Engagements
  • Speaker, 2009 Niagara/Orleans Labor Council, Steward Training Seminar, Lockport, New York, Union Representation: Responsibilities and Strategies.
  • Speaker, 2009 IBEW New York State Organizers and Membership Development Representatives Seminar, Corning, New York, Picketing, Handbilling and Secondary Boycotts.
  • Speaker, 2007 AFL-CIO LCC Coordinating Committee Conference, Chicago, Illinois, Unfair Labor Practice Cases.
  • Faculty Member, National Labor Relations Board Regional Conference, Buffalo, New York, 1982, 1985, 1989, and 2000.
  • Speaker, 1995 ABA 60th Anniversary Celebration of the National Labor Relations Act, Washington, D.C., Injunctions under the NLRA.
  • Co-Chair, 1994 ABA National Institute, Basic Labor and Employment Law Today, Arlington, Virginia.
  • Co-Chair, National Labor Relations Board Regional Conference, New York, N.Y., 1992 and Buffalo, New York, 1994.
  • Program Chair, 1993 ABA National Institute, Basic Labor and Employment Law Today.

Affiliations
  • American Bar Association
  • Chair, Section of Labor and Employment Law 2007-2008
  • Chair-Elect, Section of Labor and Employment Law, 2006-2007
  • Vice Chair, Section of Labor and Employment Law, 2004-2006
  • Council Member
  • Co-Chair ABA Committee on the Development of the Law
  • Under the National Labor Relations Act, 1988-1992
  • Co-Editor The Developing Labor Law, Third Edition
  • (BNA and ABA Section of Labor and Employment Law, 1992)
  • Section of Labor and Employment Law, National Institute Co-Chair
  • Section of Labor and Employment Law, Annual Meeting Program Co-Chair
  • Founding Governor and Fellow of the College of Labor and Employment Lawyers, Inc.
  • American Arbitration Association
  • National Arbitration Task Force
  • National Labor Relations Board
  • National and Regional Conferences