Brady Francisco-Fitzmaurice Email & Phone Number

District Of Columbia, United States

Obtain enforcement of Board Orders in the U.S. Courts of Appeals, study administrative record, research legal issues, draft persuasive briefs, prepare and present oral argument. Representative matters include successfully obtaining enforcement of Board Orders finding that:o Employer violated Section 8(a)(5) and (1) of the Act by its technical refusal to bargain following a self-determination election. Briefed and argued before D.C. Cir.o Employer violated Section 8(a)(1) of the Act by discharging two employees for their protected concerted activity in jointly refusing to work an overnight shift because of health concerns. Briefed and argued before 2d Cir.o Employer violated Section 8(a)(3) and (1) of the Act by promoting an employee to reward her decertification efforts, and that employer lawfully withdrew recognition from union based upon an uncoerced decertification petition signed by a majority of employees. Briefed and argued before 9th Cir.o Union violated Section 8(b)(1)(A) of the Act by failing to promptly process employee’s resignation of membership and revocation of dues checkoff authorization. Decided on briefs, 6th Cir.

Brooklyn, Ny

Interview witnesses, prepare sworn affidavits, make written merit recommendations, represent Board's General Counsel at trial, examine & cross-examine witnesses, and write briefs in connection with administrative hearings and appeals to NLRB. Petition federal courts for injunctive relief under Section 10(j) of the NLRA, including related motion practice. Conduct hearings in representation cases as Hearing Officer, including admitting evidence into the record, making rulings on objections, and managing conflict between advocates. Representative matters include:o Represented NLRB in federal court and obtained preliminary injunction requiring nationwide airport services provider to recognize and bargain with union as representative for 500+ employees, where employer disputed jurisdiction and asserted RLA jurisdiction.o Obtained Board Order requiring Fortune 500 telecommunications firm to reinstate and make whole employee who had been discriminatorily discharged for initiating and leading union campaign.o Leveraged petition for injunctive relief to negotiate settlement on behalf of unrepresented employee, who had been discriminatorily discharged from Fortune 500 scientific research firm for initiating and leading union campaign, providing for over four times the backpay owed. o Investigated alleged change to scope of bargaining unit where the employer, a daily newspaper, laid off multiple bargaining unit employees and hired non-unit employees to perform substantially the same work, and unilaterally consolidated two bargaining unit positions into one unit position. Successfully avoided deferral to arbitration, issued complaint, and facilitated non-Board settlement agreement (ratified by union members) whereby employer agreed to include new positions in bargaining unit, to extend term of collective bargaining agreement including a no-layoff provision and annual wage increases, and to make significant severance payments for laid off employees.

Cambridge, Ma

Performed research in support of second volume of bicentennial history of Harvard Law School, written by Professor Daniel Coquillette and Dr. Bruce Kimball

Boston, Ma

Taught Introduction to Political Science in NEU's Foundation Year program, which is designed to improve degree attainment amongst Boston Public School graduates with academic gaps or skill gaps. Developed curriculum tailored towards building analytical and writing skills, as well as mastery of subject matter.

San Juan, Pr

Researched and drafted portions of appellate opinions. Delivered oral briefings to prepare Judge Torruella for argument. Prepared bench memoranda for the Judge's review. Each memorandum summarized the facts of the underlying case and the procedure on appeal, evaluated the parties' arguments, analyzed legal issues, and made recommendations for the resolution of the appeal.

Newton, Ma

Class of 2013.

Boston, Ma

Drafted motion to dismiss City's charge of Union's prohibited practice. City alleged that the Union violated G.L. Chapter 150E by engaging in "direct dealing" with someone other than the designated labor representative. Researched tax treatment of worker's compensation payments where arbitrator awards such payments on the basis of a presumption, established by past practice, that a firefighter's heart disease is work-related. Researched the discriminatory application of general rules prohibiting certain conduct in the workplace. Researched whether a blood bank constitutes a health care institution under 29 U.S.C. 152(14).

New York, Ny

Drafted memorandum of law in support of motion to deny petition to vacate arbitral award.Contributed to Court of Appeals brief regarding terms of expired collective bargaining agreement remaining in effect under Triborough Doctrine. Researched various issues relating to class actions under Fed. R. Civ. Pro. 23. Researched numerous issues with regard to proceedings before New York Public Employee Relations Board. Drafted an appeal of an unemployment insurance determination on behalf of a nonprofit, pro bono client.

Boston, Ma

Performed research, drafted motions and assisted attorneys in preparation for civil trial litigation enforcing labor statutes such as ERISA, FLSA and OSHA in U.S. District Courts and before administrative law judges. Received introductory training in all statutes enforced by the Office of the Solicitor.

Boston, Ma

Drafted motion to detain defendant pretrial due to risk of flight and danger to community. Drafted motion to disqualify opposing counsel due to conflict of interest. Researched safety valve under sentencing guidelines in connection with firearm possession. Participated in strategy session with DEA agents regarding confidential informants and wiretap.

Ma Child Care Campaign

Visited English and Spanish speaking home child care providers to discuss union formation. Coordinated and oversaw Rep. DiNatale’s visit to “walk a day” in child care provider’s shoes. Collected signatures, as part of a team of organizers, from majority of child care providers to support their right to form union and delivered petition to Massachusetts State Representatives.

San Juan Del Sur, Nicaragua

Co-taught weekly English classes in an alternative high school designed to provide education to students excluded from public school system. Led multiple tutoring groups weekly focusing on competency in business English.

Songgok Middle School, Jungrang-Gu, Seoul, Korea

Collaborated with six Korean co-teachers to lead 22 English classes weekly. Instructed over 300 Korean middle school students and adults each semester. Developed original comprehensive curriculum to encourage conversation.

Jungrang Middle School, Jungrang-Gu, Seoul, Korea

Taught evening classes twice weekly for accelerated students’ EFL program. Developed curriculum based on cultural competency, geography and language.

New York, Ny

Drafted and edited wills, trusts, health care directives and letters to estate administrators. Prepared estate planning documents for execution and performed post-execution compilation. Assisted attorneys practicing commercial litigation and intellectual property litigation.

Juris Doctor

Activities and Societies: Negotiations Competition, Finalist; Leadership Board, National Lawyers Guild; Participant, Service Trip.

Bachelor Of Arts, International Political Economy

Activities and Societies: Phi Beta Kappa; worked up to 24 hours weekly to defray cost of education.Minor in Spanish Language Minor.