Sean P. Beiter
Partner
Sean P. Beiter concentrates his practice on the area of traditional labor law for private and public sector employers in the health care, public safety, manufacturing, transportation, education, office, professional, blue-collar, and white-collar settings. His practice focuses on counseling employers in the development of comprehensive strategies and approaches for success in labor-management relationships and disputes. He represents employers in collective bargaining negotiations, contract administration, grievance arbitration, and before the National Labor Relations Board and the New York State Public Employment Relations Board. Sean has also represented many employers in numerous disciplinary procedures in various forums, mediations, contract dispute arbitrations, and in compulsory interest arbitration proceedings. He has represented employers during strikes, lockouts, and a myriad of picketing disputes.
Sean routinely earns the recognition of his peers in the legal field, and has consecutively been listed by The Best Lawyers in America for the past decade. He was recognized in the 2020 edition of Chambers USA, the annual guidebook to the best lawyers and law firms in the U.S., as a Band 1 attorney in Employment and Labor Law, heralded for his traditional employment law work as well as union-related matters such as handling collective bargaining agreements. Sean was named Buffalo’s 2016 Labor Law — Management Lawyer of the Year, with only a single lawyer in each practice area in a given location earning the distinction. He has also been named to the Upstate New York Super Lawyers list every year since 2012.
Experience Highlights
Sean’s negotiation experience includes subjects ranging from wages, health insurance, and employee health insurance contributions to the implementation of drug and alcohol testing policies, layoff procedures, outsourcing, reductions in force, and transfer of ownership.
His accomplishments in collective bargaining include the representation of the City of Buffalo in negotiations with the Buffalo Police Benevolent Association for one-officer cars. He has also represented the Board of Education of the City of Buffalo in negotiations for a Project Labor Agreement for the construction of the William R. Grabiarz School of Excellence and the Niagara Frontier Transportation Authority in negotiations for the construction and expansion of the Buffalo Niagara International Airport.
Sean has considerable experience in representing employers in both state and federal court, before administrative agencies such as the National Labor Relations Board, the New York State Public Employment Relations Board, the Equal Employment Opportunity Commission, the State Division of Human Rights, and the federal and state Department of Labor.
His court litigation proceedings include age discrimination and retaliation jury trial, a duty of fair representation jury trial, numerous special proceedings under Articles 75 and 78 of the New York Civil Practice Law and Rules, injunction actions, wage and benefit disputes, and numerous claims of employment discrimination.
Sean’s litigation successes include two victories at the New York State Court of Appeals, including In the Matter of Chautauqua County v CSEA, 8 N.Y.3d 513 (2007) and In the Matter of the County of Erie and Erie County Sheriff v PERB, et al., 12 N.Y.3d 72 (2009). He also successfully represented the City of Buffalo in wage freeze litigation involving both the Buffalo Police Benevolent Association and the Buffalo Professional Fire Fighters Association. In July 2015, he obtained a defense verdict that fully vindicated the employer in a jury trial on allegations of age discrimination under the Age Discrimination in Employment Act in the United States District Court for the Western District of New York.
Honors & Awards
Best Lawyers in America
- Employment Law—Management, 2006–22
- Labor Law—Management, 2006–22
- Labor and Employment Litigation, 2019-22
- Labor Law—Management, Lawyer of the Year (Buffalo), 2016
Upstate New York Super Lawyers, 2012–21
Chambers USA, Upstate New York Employment and Labor—Band 1, 2019-20
American Society of Legal Advocates Top 100 New York Labor and Employment Lawyer, 2014
Buffalo Business First, Who’s Who in the Law (Labor & Employment)
Buffalo Business First, 40 Under Forty Award, 2005
Greater Niagara Frontier Council of the Boy Scouts of America: Scouter Citizen of the Year Award, 2010; Silver Beaver Award, 2008; District Award of Merit, 2004; Eagle Scout, 1983
Canisius College, Outstanding Economics and Finance Graduate 1988
Admissions
- New York
- U.S. District Courts for the Western and Northern Districts of New York
Education
- State University of New York at Buffalo Law School , J.D., cum laude, 1991
- Buffalo Law Review: Article Editor
- Gilbert D. Moore Fellow, 1988–90
- Canisius College, B.A., magna cum laude, 1988
Professional Affiliations
- New York State Bar Association: Labor and Employment Law Committee; Special Committee on Age Discrimination in the Profession, 2006–07
- Bar Association of Erie County: Former Chair, Labor Law Committee
- New York State Management Attorneys Conference
- Labor & Employment Relations Association (LERA)
- NYS Public Employer Labor Relations Association (NYSPELRA)
- Organization of Public Employer Negotiators
Community Involvement
- Greater Niagara Frontier Council of the Boy Scouts of America Executive Board, 2001-18
- Board Chair and Vice President of Membership, 2011–14
- Council President, 2007–11
- Executive Vice President, 2007
- Vice President of Volunteer Development 2006
- Risk Management Committee Chair, 2005–06
- Chair of S.C.O.T.Y. Golf Tournament, 2004–06
- Leadership Buffalo Class of 2002
- Susan G. Komen, Race for the Cure, Race Operations Co-Chair, 2010–14
- Transplant Miracles Foundation, Secretary, 2008-19
- St. Amelia School Advisory School Board, 2005-11
- President 2008–09
- Vice President 2007–08
- Secretary 2006–07
- American Cancer Society, Eastern Division, Board of Advisors 2003-05
- Cub Scout Pack 202
- Committee member 2010–13
- Cubmaster 2001–10
- Den Leader 1999–2001
Publications & Events
- Quoted in “Negotiations on New Police Contract Remain Stalled in City of Buffalo,” WKBW, July 3, 2020
- “7 Things Employers Need to Know About Marijuana Decriminalization,” (Author), Buffalo Niagara Partnership, November 20, 2019
- Quoted in “Gauging the Impact of Religious Freedom Post-Hobby Lobby Ruling,” Buffalo Law Journal, September 8, 2014
- Quoted in “New Labor Regs Eye Veterans, Disabled,” Buffalo Law Journal, April 22, 2014
- Quoted in “Cupid Can Be Costly for Business Owners,” Buffalo Law Journal, February 17, 2014
- “Construction Injury Case Changes Game for Workers’ Compensation Defense” (Co-Author), Progress! Under Construction, September 2013
- “Exclusion Never Belonged in Scout Law,” Buffalo Law Journal, January 31, 2013
- “A Sobering Reminder for Office Revelers” (Co-Author), Buffalo Law Journal, December 10, 2012
- “The National Labor Relations Board: ‘Stacking the Deck’ in Favor of Organized Labor,” Progress Under Construction (Empire State Chapter of the Associated Builders & Contractors), Vol. 1, No. 2, June 2012
- Quoted in “Cyberbullying Law Enacted in Erie Co.,” Daily Record, March 13, 2012
- Quoted in “NLRB Regs Set to Take Effect in Late April,” Daily Record, March 5, 2012
- Quoted in “Orchard Park Police Merger Is Suggested,” Buffalo News, September 7, 2011
- Quoted in “Report Suggests OP Police Consolidation,” WIVB-TV, September 7, 2011
- Quoted in “Judge orders higher pay for county lawyer,” The Buffalo News, April 5, 2011
- Quoted in “Orchard Park pays for study without Ok,” The Buffalo News, April 9, 2011
- Quoted in “When employees surf, companies face risk,” Buffalo Law Journal, March 14, 2011
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- “Mediation and Fact-Finding – “Not So” Conciliatory Proceedings,” NYSPELRA 2019 45th Annual Conference, Saratoga Springs, New York, July 19, 2019
- “WARNING—The NLRB’s Highly Controversial “Ambush Election” Rule Takes Effect April 14th: What You Can Do To Prepare,” Associated Builders & Contractors, Inc., March 24, 2015
- “It’s Not Over ‘Til It’s Over: taking Management’s Position to the Court of Appeals,” NYSPELRA Conference, 2009
- “Drug and Alcohol Testing,” NYSPELRA Conference, 2008
- “The Impact of Financial Control Boards on Public Sector Labor Relations,” New York State Bar Association, Labor and Employment Law Committee, Fall Conference, 2005
- “The Role of the Buffalo Fiscal Stability Authority,” State University of New York at Buffalo, School of Law, Alumni Convocation, 2004
- “NLRB Updates and What to Expect from the Biden Board,” (Co-Presenter), GS Webinar Series, September 23, 2021
- “Employer Duties Under the NLRA During the COVID-19 Pandemic” (Co-Presenter), GS Webinar Series, October 22, 2020
- “Policing Reforms: Considerations for Police Agencies and Local Governments” (Moderator), GS Webinar Series, June 26, 2020
- “NLRB Update” (Presenter), GS Webinar Series, January 17, 2019
Recent Insights
May 21, 2021
November 17, 2020
October 16, 2020