People: Marshall B. Babson, Counsel

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Marshall B. Babson

Counsel

New York
Direct: (212) 218-5559
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Marshall Babson is counsel in the Labor & Employment Department in the New York and Washington offices of Seyfarth Shaw LLP. A former Member of the National Labor Relations Board (NLRB), Mr. Babson’s practice focuses on all aspects of labor relations, including litigation, counseling and arbitration. 

His labor experience includes:

  • Proceedings before the NLRB, EEOC and U.S. Department of Labor;
  • Strategic planning in mergers & acquisitions regarding union and non-union workforces;
  • Collective bargaining agreements and negotiations, including strikes and lockouts;
  • Labor arbitration;
  • Wage and hour, OSHA disputes and personnel matters; and
  • Title VII and employment-at-will litigation.

While serving as a member of the NLRB, Mr. Babson participated in many important cases, including John Deklewa & Sons, which set forth new rules for pre-hire agreements in the construction industry, Indiana and Michigan Electric Co., which established guidelines regarding an employer’s duty to arbitrate post-contract expiration grievances, and Fairmont Hotel, a union access case which involved clarifying the balance between private property rights and Section 7 rights under the National Labor Relations Act.  He was also active in the initiation of rulemaking proceedings in the health care industry.

Mr. Babson was called upon to testify before President Clinton’s Dunlop Commission regarding the status of U.S. labor laws and before Congress regarding proposed labor and employment legislation. He also has served as counsel to the Trustee or Overseer in several RICO actions initiated by the U.S. Department of Justice, which required the monitoring and auditing of the enterprise during trusteeship.

More recently, Mr. Babson has been engaged in counseling employers regarding the acquisition, consolidation and reorganization of unionized and nonunionized businesses, the negotiation of international labor agreements, and the renegotiation of several industry collective bargaining agreements.

Mr. Babson is a member of the Board of Directors of the National Chamber Litigation Center, the U.S. Chamber of Commerce’s public policy law firm, and also serves on the Litigation Center’s Labor Law Advisory Committee.  He is on the Board of Advisors of the Institute for Law and Economics at the University of Pennsylvania.  Mr. Babson is a Founding Fellow of the College of Labor and Employment Lawyers, and Chambers USA recognizes him as a leader in labor and employment law, noting that he is “one of the deans of the traditional labor law bar” and "has an encyclopedic knowledge of labor law."    

Mr. Babson is admitted to practice in New York, California, Connecticut, District of Columbia and Maryland.

Marshall Babson is counsel in the Labor & Employment Department in the New York and Washington offices of Seyfarth Shaw LLP. A former Member of the National Labor Relations Board (NLRB), Mr. Babson’s practice focuses on all aspects of labor relations, including litigation, counseling and arbitration. 

His labor experience includes:

  • Proceedings before the NLRB, EEOC and U.S. Department of Labor;
  • Strategic planning in mergers & acquisitions regarding union and non-union workforces;
  • Collective bargaining agreements and negotiations, including strikes and lockouts;
  • Labor arbitration;
  • Wage and hour, OSHA disputes and personnel matters; and
  • Title VII and employment-at-will litigation.

While serving as a member of the NLRB, Mr. Babson participated in many important cases, including John Deklewa & Sons, which set forth new rules for pre-hire agreements in the construction industry, Indiana and Michigan Electric Co., which established guidelines regarding an employer’s duty to arbitrate post-contract expiration grievances, and Fairmont Hotel, a union access case which involved clarifying the balance between private property rights and Section 7 rights under the National Labor Relations Act.  He was also active in the initiation of rulemaking proceedings in the health care industry.

Mr. Babson was called upon to testify before President Clinton’s Dunlop Commission regarding the status of U.S. labor laws and before Congress regarding proposed labor and employment legislation. He also has served as counsel to the Trustee or Overseer in several RICO actions initiated by the U.S. Department of Justice, which required the monitoring and auditing of the enterprise during trusteeship.

More recently, Mr. Babson has been engaged in counseling employers regarding the acquisition, consolidation and reorganization of unionized and nonunionized businesses, the negotiation of international labor agreements, and the renegotiation of several industry collective bargaining agreements.

Mr. Babson is a member of the Board of Directors of the National Chamber Litigation Center, the U.S. Chamber of Commerce’s public policy law firm, and also serves on the Litigation Center’s Labor Law Advisory Committee.  He is on the Board of Advisors of the Institute for Law and Economics at the University of Pennsylvania.  Mr. Babson is a Founding Fellow of the College of Labor and Employment Lawyers, and Chambers USA recognizes him as a leader in labor and employment law, noting that he is “one of the deans of the traditional labor law bar” and "has an encyclopedic knowledge of labor law."    

Mr. Babson is admitted to practice in New York, California, Connecticut, District of Columbia and Maryland.

Education

  • J.D., Columbia University School of Law (1975)
  • A.B., University of Pennsylvania (1968)
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Admissions

  • Maryland
  • California
  • New York

Courts

  • U.S. Supreme Court
  • Various U.S. Courts of Appeals and District Courts

Affiliations

  • American Bar Association ( Labor and Employment Law Section, Practice and Procedure Committee)
  • National Chamber Litigation Center of the U.S. Chamber of Commerce (Board of Directors)
  • National Chamber Litigation Center's Labor Law Advisory Committee
  • College of Labor and Employment Lawyers (Founding Fellow)

Publications

  • Co-Author, "Fifth Circuit Sets Aside NLRB Rule Prohibiting Class Action Waivers," Management Alert, Seyfarth Shaw LLP (December 3, 2013)
  • “NLRB Plurality Thumbs Its Nose at Private Arbitration Agreements for Non-Union and Union Employers,” One Minute Memo, Seyfarth Shaw LLP (January 7, 2012)
  • “Demonstration of an Unfair Labor Practice Case, Parts I & II,” a speech presented at the ABA Annual Section of Labor & Employment Law Conference (November 6, 2010)
  • “Pending Issues at the NLRB,” a speech presented at the Annual Robert Fuchs Labor Law Conference at Suffolk University Law School (October 21, 2010)
  • “Class Arbitration Waivers and Section 7 Rights,” a speech presented at the New York University Annual Conference on Labor (June 3, 2010)
  • “The Legacy and Future of the National Labor Relations Act,” a panel discussion presented by the American Constitution Society for Law and Policy (May 17, 2010)
  • “Private Injuries, Public Policies: Adjusting the NLRB’s Approach to Backpay Remedies,” a speech presented at the Florida International University Labor Law Symposium (March 26, 2010)
  • “Perspectives on the Fight for Labor Law Reform and the Employee Free Choice Act,” a speech presented at the Annual Meeting of the National Labor and Employment Relations Association (January 3, 2010)
  • "Upsetting a Delicate Balance," a paper presented at the American Bar Association, Labor Law Section in Chicago (May 11, 2009)
  • "Bargaining Before Recognition in a Global Market: How Much Will It Cost?” a paper presented at the Institute for Law and Economics, University of Pennsylvania (November 2005)
  • Developments Under the 1974 Health Care Amendments to the National Labor Relations Act (1984)

Accolades

  • 2013 New York Metro Super Lawyers
  • Rated as a leading individual in the field of labor and employment by Chambers USA 2008-2012
  • Selected for the 2013 issue of the Best Lawyers in Labor & Employment Law
  • Named in the 2010 edition of Who’s Who Legal: Management Labor and Employment Lawyers
  • Recognized in the 2009 issue of the Guide to the World's Leading Labour & Employment Lawyers
  • Included in the 2008 edition of Who’s Who Legal: The International Who’s Who of Business Lawyers
  • Identified by Euromoney in its Guide to the World’s Leading Labour & Employment Lawyers 2008
  • Charter Fellow of the College of Labor and Employment Lawyers