Ellen Shadur Gross

Partner

Los Angeles
T 310.442.8816  |  F 310.820.8859

An experienced labor and employment lawyer, Ellen Shadur Gross represents private and public entities in traditional labor relations, collective bargaining, and unfair labor charges, primarily for clients in healthcare, hospitality, manufacturing, higher education, and local government. Ellen also handles employment litigation and counsels employees on employment matters.  Ellen brings the insight of an in-house lawyer to her practice, having previously served as associate general counsel for a European manufacturer.  This enables her to see situations from a client's perspective. She also has been trained and has practiced as a mediator, which gives her a unique ability to look beyond the immediate question at hand and see the longer-term strategic goals and interests at stake.  Whether a workforce is union or non-union, or seeking to be represented by a union, Ellen finds reasoned, practical solutions to establish and maintain workplace stability and to support the employer’s business objectives.

Ellen is a regular contributor to BakerHostetler's Employment and Labor and Health Law Updates commenting on labor relations issues, and has published in the American Health Lawyers' Association Labor & Employment Newsletter.

Select Experience

  • Represented the University of California (UCLA Health System) in arbitration concerning system-wide collective bargaining agreement (CBA) with the California Nurses Association (CNA). CNA alleged that UCLA Health System violated the CBA by giving Charge Nurse assignments to unit directors, who are not in bargaining unit. The grievance had potential ramifications for other UC health systems which followed similar practice. Successfully argued that client had abided by language applied in CBA.
  • Represented academic medical center in litigation arising from discipline of union leader. The discipline was the subject of a parallel proceeding before the NLRB, defended by another firm, in which the NLRB found the policy underlying the discipline to be unlawful. Negotiated an advantageous settlement for the medical center, ending years of legal and administrative wrangling between the medical center and the union (NUHW).
  • Represented hospitality client in appeal in hybrid Section 301 case in which plaintiff alleged breach of CBA and breach of the union's duty of fair representation. Worked with union to submit joint brief. Ninth Circuit Court of Appeals affirmed denial of motion to remand grant of summary judgment.
More »

Experience

  • Represented the University of California (UCLA Health System) in arbitration concerning system-wide collective bargaining agreement (CBA) with the California Nurses Association (CNA). CNA alleged that UCLA Health System violated the CBA by giving Charge Nurse assignments to unit directors, who are not in bargaining unit. The grievance had potential ramifications for other UC health systems which followed similar practice. Successfully argued that client had abided by language applied in CBA.
  • Represented academic medical center in litigation arising from discipline of union leader. The discipline was the subject of a parallel proceeding before the NLRB, defended by another firm, in which the NLRB found the policy underlying the discipline to be unlawful. Negotiated an advantageous settlement for the medical center, ending years of legal and administrative wrangling between the medical center and the union (NUHW).
  • Represented hospitality client in appeal in hybrid Section 301 case in which plaintiff alleged breach of CBA and breach of the union's duty of fair representation. Worked with union to submit joint brief. Ninth Circuit Court of Appeals affirmed denial of motion to remand grant of summary judgment.
  • Represented national EMS provider following acquisition of subsidiary with history of troubled labor relationship. Obtained dismissal of unfair labor practice charge filed by union.
  • Obtained dismissal of unfair practice charge against university by adjunct faculty member who alleged retaliation for protected activity. Preparing statement of position required delving into arcane world of faculty reappointments. Successfully argued that there was no evidence of retaliation.

Memberships

  • American Bar Association
  • California Bar Association
  • American Health Lawyers Association

Pro Bono

  • Works for Visual Effects Society. Member of working group addressing future of visual effects industry and helping to establish and implement "best practices" and education for VES members.
  • Manufacturing Renaissance.  Provides advice and counsel regarding employment issues.

Services

Industries

Prior Positions

  • Saurer Group: Associate General Counsel (1991 to 1996)

Admissions

  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Southern District of California
  • California, 1986

Education

  • J.D., Yale Law School, 1985
  • B.A., Wellesley College, 1982

Languages

  • French