Municipal Law

Few areas of law are as dynamic or require as much balance between practical and legal considerations as labor and employment law. Each day, the team at Birch Horton Bittner & Cherot fields calls from organizations seeking creative solutions to potential disputes before they mature into formal claims or full-fledged litigation.

If litigation becomes necessary, we are ready. Our attorneys take a coordinated team approach to representing clients in state and federal courts and in administrative proceedings before the Alaska State Commission for Human Rights, the Office of Administrative Hearings, the U.S. Department of Labor, the Alaska Department of Labor, the Equal Employment Opportunity Commission, the Alaska Labor Relations Agency and the National Labor Relations Board.

Recognizing that employment relations have a material and day-to-day impact on business operations, we assist clients in planning and implementing successful employment strategies, from pre-hire matters to termination, and provide support for clients in disputes. As new technology and a trend toward increased privacy rights and expansive job protections continue to reshape the workplace, our experienced attorneys routinely help clients navigate this ever-changing and complex environment.

Generally, BHBC represents employers, both public and private, in actions brought by individual employees or groups of employees. However, we’ve also represented a select number of plaintiffs. Experience from both sides of the table has provided our attorneys with key practice insights and, most notably, a perspective on relevant issues that other firms may lack.

We provide counseling in nearly all traditional labor and employment fields, including:

• Risk management
• Labor organization and collective bargaining
• Discrimination and harassment complaints
• Workplace investigations
• Social media and online communications
• Alcohol and drug testing
• Marijuana and prescription drug use
• Policies and procedures
• Wrongful termination and constructive discharge
• Breach of contract
• Restrictive covenants
• Wage and hour
• Reductions in force
• Employment contracts and compensation
• Labor grievances and arbitrations
• Disability and family leave
• Manager and supervisor training

Widely recognized as experts in their field, Birch Horton Bittner & Cherot attorneys often serve as featured speakers at seminars conducted by national organizations on a broad range of labor and employment topics. We closely monitor current court decisions and regulatory and legislative developments that affect the rapidly changing field of employment law.

Birch Horton Bittner & Cherot attorneys have extensive experience representing both public and private employers with unionized workforces in disputes from full contract fact-finding and interest arbitration to disciplinary grievances. Labor laws are complex, are often not intuitive and affect many more aspects of the employment relationship than an employer sometimes realizes. We know that one-size-fits-all solutions do not work in labor relations.

Our attorneys have negotiated numerous collective bargaining agreements in diverse industries ranging from energy to health care, and they have experience dealing with major labor organizations. We understand that approaches to labor relations need to be as varied and individualized as the industries that our clients occupy, and we take great care getting to know the particular issues that our clients face.

Employers with unionized workforces know that labor arbitration can be as important as negotiating a collective bargaining agreement. BHBC attorneys comprehend the importance of labor arbitration to administering a collective bargaining agreement. For employers with a unionized workforce, labor arbitration often has consequences that far exceed those of any civil litigation. Labor arbitration sets an important precedent as to the meaning of language in a collective bargaining agreement, and an adverse arbitration award can be costly to an employer, both at the time of the award and long into the future. We have handled several high-profile, high-stakes arbitrations. Our extensive experience in negotiating collective bargaining agreements gives us unique insight into the manner in which cases ranging from basic discipline to complex contract interpretation need to be handled.

If you are faced with labor arbitration, you need an experienced attorney by your side during this very important process. We can assist you with all your labor law needs, especially in providing thorough and effective representation in handling labor arbitrations.

Birch Horton Bittner & Cherot attorneys have extensive experience representing both public and private employers with unionized workforces. Labor laws are complex, often not intuitive and affect many more aspects of the employment relationship than an employer sometimes realizes. We know that one-size-fits-all solutions do not work in labor relations. Our attorneys have negotiated numerous collective bargaining agreements in diverse industries ranging from energy to health care, and our attorneys have experience dealing with major labor organizations. We understand that approaches to labor relations need to be as varied and individualized as the industries that our clients occupy, and we take great care getting to know the particular issues that our clients face.

In addition to appearing at the bargaining table, we advise and represent employers in union organizing campaigns and in administrative proceedings, in which an employer must navigate myriad rules and regulations affecting the employer’s response to union activity. Our expertise also includes the representation of public and private sector clients in federal and state court litigation for issues arising under federal and state anti-discrimination statutes and other regulations affecting the workplace.

Birch Horton Bittner & Cherot’s experienced attorneys can assist you with all your labor law needs, from the onset of organizational disputes to providing thorough and effective representation in handling labor arbitrations.

The marijuana industry is complex and continually evolving. While Alaska’s industry is growing daily, the commercial marijuana industry remains federally unlawful, creating a myriad of legal challenges that every industry participant must navigate. As this industry develops in Alaska, there is an increasing need for experienced legal counsel to assist with cannabis-related business and regulatory matters.

The attorneys in Birch Horton Bittner & Cherot’s marijuana law and regulation group combine marijuana industry–specific knowledge with a deep understanding of business law and regulatory compliance. We provide our clients with an unparalleled comprehensive set of services.

In addition to having experience in marijuana law and policy, our attorneys have backgrounds in business development, real estate, land use, municipal governance, constitutional law, banking, corporate finance, criminal law, issue advocacy and political campaigns. Birch Horton Bittner & Cherot attorneys can work with private marijuana industry clients on business development and formation, license applications, contract negotiations, commercial real estate transactions and compliance with state and local regulations. We also advise government entities on state and federal marijuana law and help them craft their own local regulations and policies.

For marijuana businesses and marijuana-related businesses, we handle the following:

• Business consultations
• State applications for marijuana establishment licenses
• Local government applications for marijuana licenses and permits
• Administrative hearings and procedures
• Regulatory compliance
• Corporate formation and structuring
• Contracts
• Commercial transactions
• Labor and employment
• Products liability and personal injury
• Real estate and land use
• Intellectual property
• Dispute resolution
• Litigation

We also offer the following legal services for governments involved in regulating the marijuana industry:

• Advising local officials on state and federal statutes, regulations and policies
• Drafting local ordinances
• Drafting state legislation and regulations
• Public policy analysis

As one of Alaska’s largest and most experienced law firms, Birch Horton Bittner & Cherot is uniquely positioned to provide legal services related to the marijuana industry. We believe that a firm that can provide comprehensive guidance can best serve participants in this industry.

BHBC offers one of the largest municipal law practice groups in the state of Alaska. We have successfully represented local Alaska governments in all regions of the state since 1971. We focus solely on helping our municipal clients successfully maneuver through legal complexities and governmental mandates within the limitations of the Alaska Constitution and Title 29 of the Alaska Statutes.

In addition to serving as general counsel to home rule and general law municipalities, we also provide specialized legal services to local governments regarding labor and employment law, collective bargaining, PERS retirement issues, port and harbor issues, public finance and municipal bonds, local sales, use and property taxes, land acquisition and development, land use regulation, public bidding (procurement) and contract negotiations, litigation defense at every level of state and federal courts, administrative appeals, and other legal matters. The firm drafts and provides advice on statutes, ordinances and regulations to meet the diverse needs of each community we serve. We also assist in the formation and organization of special districts and other types of municipal organizations, including incorporation and annexation.

BHBC also provides government affairs representation to state, local and Tribal government entities through our offices in Anchorage and Washington, D.C. In 1975, opened an office in Washington, D.C., where BHBC attorneys provide specialized assistance to Alaskan local governments, individuals and companies in addition to clients on a nationwide basis with advocacy and navigating federal legal, policy, regulatory, administrative and legislative issues. BHBC has assisted government entities in navigating federal legal, policy, regulatory and legislative issues. Several of the firm’s attorneys in the Anchorage and Washington offices have worked on Capitol Hill and in senior capacities in federal agencies. The BHBC Washington, D.C., team understands the process and functions of the federal government and uses this experience to guide clients through the maze of federal bureaucracy.

If your community needs an effective partner to assist you with your legal needs, BHBC is uniquely positioned to provide the support you need.