People: Marshall B. Babson, Counsel

Photo of Marshall B. Babson, Counsel

Marshall B. Babson

Counsel

New York
Direct: (212) 218-5559
0

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 recently testified before the U.S. Senate HELP Committee regarding the NLRB General Counsel’s proposed new rule regarding joint employers.

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 U.S. 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 encyclopedicknowledge 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 recently testified before the U.S. Senate HELP Committee regarding the NLRB General Counsel’s proposed new rule regarding joint employers.

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 U.S. 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 encyclopedicknowledge 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)
    Deans List

Admissions

  • New York
  • California
  • Maryland

Courts

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

Affiliations

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

Presentations

  • Co-Presenter, "2018 and Beyond: What All Employers Should Expect from the NLRB," Client Briefing, presented by Seyfarth Shaw LLP, Boston, MA (March 14, 2018)
  • Presenter, “Demonstration of an Unfair Labor Practice Case, Parts I & II,” ABA Annual Section of Labor & Employment Law Conference (November 6, 2010)
  • Presenter, “Pending Issues at the NLRB,” Annual Robert Fuchs Labor Law Conference at Suffolk University Law School (October 21, 2010)
  • Presenter, “Class Arbitration Waivers and Section 7 Rights,” New York University Annual Conference on Labor (June 3, 2010)
  • Panelist, “The Legacy and Future of the National Labor Relations Act,” American Constitution Society for Law and Policy (May 17, 2010)
  • Presenter, “Private Injuries, Public Policies: Adjusting the NLRB’s Approach to Backpay Remedies,” Florida International University Labor Law Symposium (March 26, 2010)
  • Presenter, “Perspectives on the Fight for Labor Law Reform and the Employee Free Choice Act,” Annual Meeting of the National Labor and Employment Relations Association (January 3, 2010)

Accolades

  • Recognized as a Recommended Attorney for Labor-Management Relations by The Legal 500 (2019)
  • The Best Lawyers in America - Employment Law (Management) and Labor Law (Management) (2011–2019)
  • Rated as a Leading Individual in Labor and Employment by Chambers USA (2008–2019)
  • New York Metro Super Lawyers (2014)
  • Named Management Labor Lawyer of the Year by Best Lawyers in Labor & Employment Law (2014)
  • 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