K&L Gates Faces Malpractice Suit: 'An Experienced Labor Attorney Would Know'
The outcome of the union vote resulted in damages for the plaintiffs, including the increased operating costs and the diminished value of the hotel, the suit alleges.
November 14, 2024 at 04:06 PM
3 minute read
K&L Gates has been hit with a malpractice suit accusing the firm and partner Sang-Yul Lee of mishandling a union organizing campaign.
Hotel operators MPAL Huron and ALM Huron, which retained K&L Gates in connection with a petition by hotel workers to form a union, claim in the suit that Lee erred by failing to object to the inclusion of two front-desk supervisors in the organizing drive.
The suit was filed Tuesday in the Law Division of Cook County Court.
Lee did not respond to a call or an email about the suit, nor did K&L Gates' spokesperson.
The National Labor Relations Act says supervisors have no right to participate in collective-bargaining activities, but Lee failed to notify the plaintiffs that the two front-desk supervisors could be excluded from the proposed bargaining unit, the suit claims.
The union election succeeded, but the suit claims that, "but for defendant's failure to challenge the supervisors' inclusion in the bargaining unit, the election would have failed."
In February, the National Labor Relations Board notified the owners that certain employees were seeking recognition of a union, UNITE Here Local 1. The plaintiffs retained Lee and said they wanted to contest the union's recognition.
After workers voted to form a union, the plaintiffs were forced to hire two nonunion supervisors to oversee the existing supervisors, the suit claims.
The successful union vote caused the plaintiff damages, including the increased cost of hiring the additional workers as well as the diminished value of the hotel, the suit claims.
"An experienced labor attorney would know that supervisory employees have no right to participate in a collective bargaining unit but may be included with the consent of the employer. An experienced labor attorney would likewise know that plaintiff’s silence would operate as consent to the supervisors’ inclusion in the unit," the suit said.
The outcome of the union vote resulted in damages for the plaintiffs, including the increased operating costs and the diminished value of the hotel, the suit claims.
The suit was filed by Michael Haeberle and David Moskowitz of the Patterson Law Firm in Chicago. They did not respond to a request for comment. Counsel for the defendants has not yet entered an appearance.
The plaintiffs are developers and operators of the dual-branded Chicago Downtown/Magnificent Mile Hampton Inn/Homewood Suites by Hilton. Plaintiff MPAL Huron owns the hotel, and plaintiff ALM Huron employs and manages the hotel staff. The plaintiffs intend to hold the property for several years before selling it, the suit said.
Lee has nearly 30 years of experience as a labor attorney, the suit claims. He represents clients before federal and state courts, the Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor and the U.S. Department of Justice Civil Rights Division, as well as other governmental agencies, in matters arising under a wide range of federal and state labor laws, the firm's website states.
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