Patrick R. Scully
Patrick R. Scully

Member

Phone: 303.299.8218

Fax: 303.298.0940

pscully@shermanhoward.com

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Legal Secretary

Laura Kostyk
303.299.8119

Areas of Emphasis

Labor & Employment

Education

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

Patrick Scully is a Member in the Labor and Employment Department of Sherman & Howard’s Denver office. Patrick represents employers in all aspects of labor relations, including federal and state court litigation, representation before federal and state agencies, collective bargaining, organizing defense, labor arbitration, and other matters. He also represents employers in defense of employment discrimination claims and on various employment law matters. Patrick began his career with the National Labor Relations Board as an attorney in Regions 27 (Denver) and 22 (Newark). Prior to joining Sherman & Howard in 1998, Patrick worked as in house counsel for an international union. During 2003, he was employed as an Associate General Counsel for Anheuser-Busch Companies, Inc. Patrick is a long-standing management representative to the National Labor Relations Board practice and procedure committee in Denver and is a Chapter Editor for The Developing Labor Law.

Representative Matters
  • 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.
  • Secured dismissal of NLRB petitions filed in three separate areas of the U.S. involving coordinated union attempts to organize independent contractors.
  • 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.
  • 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.
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
  • Speaker, Colorado Hospital Association, 2007-2011
Honors and Awards
  • Chambers USA, Recognized Practitioner, Labor & Employment, Colorado (2019)
  • Best Lawyers in America, Employment Law – Management (2015-2020), Labor Law – Management (2020)
Publications and Presentations

Recent Media

 

 

Recent Publications

 

Recent Presentations

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