Jonathan J. Spitz

Jonathan J. Spitz is a principal in the Atlanta, Georgia, office of Jackson Lewis P.C. and co-leader of the firm’s Energy & Utilities industry group. He understands the practical and operational needs of corporate America, partnering with clients to design pragmatic strategies that minimize risk and maximize performance.

Jon strives to become an extension of his clients’ legal and operational teams, assisting unionized employers in collective bargaining, contract advice, long term strategy, grievance management and arbitration proceedings. For non-unionized employers, he develops union and litigation avoidance strategies unique to each employer’s industry, culture and operations. He assists in responding to NLRB representation proceedings, corporate campaigns and demands for card check and neutrality. Both unionized and non-union employers turn to Jon for management training and seek his advice with respect to legislative and regulatory initiatives, corporate strategies, business ethics, and social media issues. He has been teaching Jackson Lewis’ signature program, "Remaining Union Free: A Counter-Organizing Simulation,” for over a decade.

Jon’s philosophy is to help clients understand what they can do to achieve their objectives, as opposed to what they cannot do. He has a solid understanding of the issues and trends impacting his clients’ business, and has successfully represented them in dozens of counter-organizing drives and participated in countless unfair labor practice proceedings, discrimination charges, and other matters before the National Labor Relations Board, the Equal Employment Opportunity Commission and other federal and state administrative agencies.

Representative Experience

• Fortune 10 oil and gas company in collective bargaining, guiding our client through negotiations, a 10-month lockout of 600 employees in support of its bargaining objectives (which were all achieved), and successfully defended at trial the client’s conduct and legal right to lock out employees. At a different site, successfully defended the same client at trial against allegations of bad faith bargaining, unlawfully declaring impasse and other alleged NLRA violations.
• Fortune 10 oil and gas company in the successful decertification of a 150-person bargaining unit that had been certified for 50+ years, including defending unfair labor practice charges alleging unlawful withdrawal of recognition and other alleged NLRA violations; also advised on numerous occasions as to lawful messaging to non-union employees regarding the pros and cons of unionization, resulting in the employees deciding in all instances to remain union-free.
• Large government contractor in 22 separate labor arbitrations in which the union grieved the discharge of the individual grievant on ADA/just cause grounds for refusing to be vaccinated for COVID. After the first four arbitrators ruled in the employer’s favor, the remaining grievances were withdrawn.
• Multiple clients in protected concerted activity cases in front of the NLRB, all resulting in defense verdicts.
• Union and non-union clients in regularly providing advice and counsel on all facets of labor and employment law.

Honors and Recognitions

• The Best Lawyers in America©, "Labor Law - Management” (2023-present)
• Chambers USA, “Leader in the Field” (2009-2010)
• Legal 500 USA, "Recommended Attorney" (2016-2022), "Leading Lawyers" (2023-present)

Published Works

• Employer’s Guide to Union Organizing Campaigns, Aspen Publishers, 2007 [Contributing Author]