Patrick R. Scully

Member

Denver, Colorado

Phone: 303.299.8218

Fax: 303.298.0940

pscully@shermanhoward.com

Education

  • Juris Doctor, St. John’s University School of Law, 1996
  • Bachelor of Arts, University of Florida, 1991

For nearly 25 years, Patrick has primarily focused on labor law issues and has helped clients successfully navigate complex and persistent claims from international and local labor unions.

A former National Labor Relations Board (NLRB) lawyer, union attorney, and corporate general counsel, Patrick Scully possesses insight and a well-rounded perspective that few can match and that provide his clients a distinct advantage.

Recognized in Chambers USA for Labor & Employment Law, Colorado companies and national employers regularly call on Patrick for representation on all aspects of labor relations. He handles everything from unfair labor practice charges and representation cases to federal and state court litigation. Patrick frequently advises employers in collective bargaining negotiations and handles labor arbitration. He also advises employers facing union organizing drives, strikes, picketing, and corporate campaigns. Patrick has handled more than 50 labor arbitrations, dozens of labor-related administrative law trials, roughly 20 labor-related administrative hearings, and approximately 20 labor-related federal court actions, including appearances in U.S. Circuit Courts of Appeal. In addition, Patrick 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.

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.

Publications & Presentations

PRESS

 

PUBLICATIONS

 

PRESENTATIONS

  • Best Year Ever at NLRB
    Colorado Labor & Employment Breakfast Briefing | November 2019
  • Farewell Scabby?
    Annual Arizona Labor & Employment Law Seminar | September 2019
  • Farewell Scabby?
    Annual Colorado Labor & Employment Law Conference | May 2019
  • Epic Systems Gives the Green Light to Arbitration Agreements – Good to Go?
    Colorado Labor & Employment Breakfast Briefing | July 2018
  • The Trump NLRB Changes Course (in 10 Minutes)
    Annual Colorado Labor & Employment Law Conference | May 2018
  • Top Tweets of Trump NLRB: What is Likely to Go and Why
    Annual Colorado Labor & Employment Law Conference | May 2017
  • What Fools These Mortals Be: The NLRB’s Initiatives Look Like Hubris
    Annual Colorado Labor & Employment Law Conference Agenda | May 2016
  • What Fools These Mortals Be: The NLRB’s Initiatives Look Like Hubris
    Annual Arizona Labor & Employment Seminar | April 2016
  • If It Ain’t Broke, Break It: Bad Regulations Making Our Lives More Difficult
    Annual Colorado Labor & Employment Conference | April 2015
  • Hospitality HR Bootcamp
    Annual Colorado Labor & Employment Conference | April 2015
  • Let’s Reinvent the Wheel: “Solutions” in Search of Problems
    Annual Arizona Labor & Employment Conference | April 2015

Professional Activities

  • 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
  • Former Speaker, Colorado Hospital Association

Highlights

  • Chambers USA, Recognized Practitioner, Labor & Employment, Colorado (2019)
  • Best Lawyers in America, Employment Law – Management (2015-2020); Labor Law – Management (2020)