Kurt has a national practice focused on complex labor and employment matters and related litigation.
Kurt helps businesses of all sizes solve their complex labor and employment challenges. He counsels clients on all aspects of labor-management relations, including representation elections, collective bargaining and strikes and lockouts, and also advises clients in strategic employment and human relations matters. Kurt litigates labor and employment cases in federal and state trial and appellate courts around the country and before the NLRB and EEOC.
Kurt is a recognized thought leader in the area of traditional labor-management relations. He has testified before the US House of Representatives on introducing reforms to US labor policy and has represented many of the nation’s most influential trade associations in amicus curiae and other filings in labor cases of national significance.
Kurt also has extensive experience advising employers facing nontraditional organizing and corporate campaign activity from labor unions and other NGOs. He has helped clients develop campaign management strategies and litigation responses to corporate campaign activities, including the groundbreaking use of civil RICO to terminate union corporate campaign attacks.
Kurt is a chapter editor of the Developing Labor Law as well as a contributing author to the Hunton Employment & Labor Perspectives blog. Kurt also participates in a number of the firm’s pro bono programs. He is a past co-chair of the firm’s veterans pro bono committee and has participated in the Wills for Heroes program, preparing wills, powers of attorney and medical directives for Virginia first responders. Kurt also participates in the Lawyers Serving Warriors program, representing soldiers injured in Operation Iraqi Freedom in disability and medical retirement proceedings before military medical and physical evaluation boards. Prior to joining Hunton Andrews Kurth, Kurt served on active duty as a lawyer in the U.S. Army Judge Advocate General’s Corps.
Advised clients in numerous union organizing campaigns and helped clients prepare advance strategies for responding to union organizing efforts.
Negotiated numerous area master collective bargaining agreements around the country.
Represented industry groups and co-authored amicus briefs in labor cases of national significance, including in the following cases: NLRB v. Noel Canning, 134 S.Ct. 2550 (2014)(challenge to President’s authority to appoint NLRB members under Recess Appointment Clause of the U.S. Constitution); Browning-Ferris Industries of California v. NLRB, 911 F.3d 1195 (D.C. Cir., Dec. 28, 2018)(reviewing NLRB’s joint employer standard); Volkswagen Group of America, Inc., v. NLRB, No. 16-1309; 1353 (D.C. Cir. Filed Sep. 1, 2016)(challenge to application of NLRB’s appropriate bargaining unit standard); Tesla, Inc., 370 NLRB No. 88 (Feb. 12, 2021) (addressing employer uniform standards under NLRA); International Union of Operating Engineers, Local 150, 370 NLRB No. 40 (Oct. 27, 2020) (addressing standard for determining whether union use of inflatable rat on public property violates NLRA);The Boeing Company, NLRB Case 10-RC-215878 (2018)(challenge to application of NLRB’s appropriate bargaining unit standard).
Co-author of NLRB Rulemaking Petition filed on behalf of broad coalition of national trade associations requesting issuance of Board rulemaking overruling Browning-Ferris Industries of California and re-implementing the Board’s historical joint employer standard.
Represented nation’s sole designer and builder of nuclear-powered vessels in landmark challenge to scope of President’s authority to make unilateral executive appointments under the Recess Appointments Clause of US Constitution. NLRB v. Enter. Leasing Co. Southeast, 722 F.3d 609 (4th Cir. 2013).
Represented international companies in civil RICO actions against international labor unions and related defendants; litigation resulted in groundbreaking legal precedent relating to the use of racketeering laws to respond to union corporate campaigns. Sodexo, Inc. v. SEIU, Case 1:11-cv-276 (E.D.Va. 2011); Smithfield Foods v. UFCW, 585 F. Supp. 2d 789 (E.D. Va. 2008).
Advised numerous national and international companies and trade groups facing union corporate campaigns and other non-traditional union organizing activity, including customer and product boycotts, public relations attacks and shareholder activism.
Represented Pebblebrook Hotel Trust in its $118 million sale of the Dumont NYC, a 252-room hotel, adjoined by a residential rental building with ground floor commercial space, located in the Murray Hill neighborhood of New York City.
Represented utility company in IBEW organizing campaign involving three nuclear power plants.
Represented one of world’s largest food processors in EEOC investigation involving pattern and practice ADA claims.
Represented Fortune 500 company in defense of class action employment discrimination and sexual harassment case.
Advised Fortune 500 company facing 26 concurrently filed unfair labor practice charges involving numerous bargaining units and collective bargaining agreements; obtained withdrawal, dismissal or deferral of 25 out of 26 charges.
Won reversal of NLRB ruling that employee strike over retention of supervisory personnel was protected under the National Labor Relations Act; decision created new Fourth Circuit precedent relating to the scope of protected, concerted activity under the Act. Smithfield Packing Company, Inc. v. NLRB, 510 F.3d 507 (4th Cir. 2007).
Advised employers in the health care, financial, and manufacturing industries in both offensive and defensive trade secrets and unfair competition cases, and negotiated numerous executive employment and separation agreements.
American Bar Association, Committee on Labor & Employment and Subcommittee on Antitrust, RICO and Labor Law
Virginia Bar Association
Awards & Recognition
Recognized as a Leader in Labor & Employment, Virginia, Chambers USA, 2021
Listed as a Labor and Employment Star, Virginia, Benchmark Litigation, 2019-2021
BTI “Client Service All-Star” for corporate counsel, 2017
Presenter, Independent Contractors: A Deep Dive, Industry Trade Association, June 14, 2021
Presenter, Testing, Vaccine, Now What?, 2021 International Franchise Association Convention, February 17, 2021
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