Steven J. Porzio has always been interested in how things work. Before law school, he imagined a future as a mechanic – diagnosing problems by isolating variables, tracing issues back to their source and figuring out what, exactly, was preventing the engine from turning over. The instinct never really left.
“Fixing cars is linear problem solving – identifying the root cause of a problem,” says Porzio. “It’s about the process of elimination, controlling for different variables and creating workarounds.”
Today, as a labor lawyer and partner at Skadden, Porzio approaches negotiations and labor disputes with much the same mindset: observe closely, listen carefully and understand the incentives driving each side before deciding how to act. Labor relations are rarely defined by a single issue. They are systems – shaped by competing priorities, institutional pressures and the human dynamics that unfold when organizations and employees try to resolve conflict while continuing to work together.
“At various points in bargaining my job is to stand firm and draw clear lines, but I’m always thinking about creative solutions,” says Porzio.
That analytical lens recently surfaced in a Reuters piece Porzio co-authored with colleagues Karen M. Lent and Anthony J. Dreyer examining the coming cycle of collective bargaining in professional sports. Their analysis suggests that some of the most consequential negotiations may unfold not across the bargaining table between leagues and unions, but within the bargaining units themselves – where star players, veterans and younger athletes often bring very different economic incentives, risk tolerances and priorities to the same negotiation.
“It’s a very rewarding feeling to take a client by the hand in these situations,” Porzio says, “to educate them about the issues and the process and to give them confidence that they are in good hands.”
Understanding those internal dynamics – who bears risk, who holds leverage and what each side ultimately needs to reach agreement – is central to establishing an effective bargaining strategy. It also reflects the curiosity Porzio believes is essential to the practice of law: a willingness to keep learning, to listen closely and to study the systems that shape disputes and inform possible solutions long before the parties ever sit down at the table.
Lawdragon: Can you describe for our readers the mix of work you do within your practice?
Steven J. Porzio: I focus my practice on traditional labor law, representing both unionized and non-unionized employers in a variety of labor-related disputes with unions. This work includes negotiating collective bargaining agreements, handling unfair labor practice charges, preparing for and managing representation cases before the National Labor Relations Board (NLRB) and preparing for and navigating work stoppages like strikes or lockouts and helping companies administer existing labor agreements.
Regardless of the type of case I’m handling, my role is to partner with my client to understand their objectives, develop a strategy and then execute on that to accomplish their goals. This typically involves interacting directly with union counsel and/or the NLRB on behalf of my client.
While a significant piece of my practice is litigation, whether it’s hearings before the NLRB or labor arbitrations, the largest portion of my practice is to assist clients at the collective bargaining table. I work closely with clients to identify their operational needs, develop strategies to best meet their goals and to then implement our strategy at the bargaining table to achieve fair terms.
No matter how bleak things look – if you have built up enough trust and respect with the union – there is always a chance to get the deal settled.
LD: What are some aspects about this work that you find professionally satisfying? What keeps you excited about it?
SJP: I particularly enjoy representing clients who, until that point, have not had any experience dealing with labor issues. Many employers in this situation are understandably anxious and concerned when their employees first decide to unionize. It’s a very rewarding feeling to take a client by the hand in these situations, to educate them about the issues and the processes, as well as to give them confidence that they are in good hands.
I can think of a few times where a client was very nervous about going into collective bargaining for the first time, unsure of how it would go. I remember sitting down with clients to develop a bargaining strategy where the client did not think accomplishing certain objectives at the table would be possible. I always love seeing their confidence grow over time and how happy they are when, months later, I was able to secure those things that they previously thought were impossible to get. To me, that’s the most satisfying part of my job.
LD: Is there a matter or client in your career that stands out as a “favorite” or one that is more memorable for certain reasons?
SJP: I was involved in very contentious bargaining for a hospital system. After months of bargaining, there were a number of very significant issues still open and the parties were very far apart from being able to reach a deal. Both sides had unfair labor practice charges filed against the other side and the union had given notice that it was going on strike just days later. It seemed like there was no real hope of settling the contract without a strike.
At our last scheduled bargaining session before the strike commenced, a group of employees from the bargaining committee asked if they could meet with me without the union attorney for an off the record conversation. It was about 10 folks from their side and me. We had a very candid conversation about management’s position on the open items and our unwillingness to meet the union’s demands. This candid conversation with a smaller group allowed for us to have a breakthrough. While we had to work through the night into the next morning, we were able to get the contract settled without a strike.
This is so memorable to me, because it reminds me that no matter how bleak things look – if you have built up enough trust and respect with the union – there is always a chance to get the deal settled.
LD: How would you describe your style as a lawyer? Have you learned anything from working with union representatives that has influenced your approach?
SJP: Yes, early in my career at a different firm, I worked with a mentor who had a very aggressive, “bare-knuckle” style that was always adversarial. While this approach may be necessary in limited situations, I saw that this approach often worked against our clients’ interests, escalating tensions unnecessarily, breaking down lines of communications and ultimately making it harder to reach a deal.
I learned that a more measured, collaborative approach that focuses on problem solving is a much more effective method that benefits both sides. With this approach, building trust and confidence from the union is critical and demands a more collegial approach.
Don’t get me wrong – at various points in bargaining, my job is to stand firm and draw clear lines for the union when I don’t have any movement on certain topics. But I am always thinking of potential creative solutions to create “win-win” scenarios to meet the union’s needs in a way that does not compromise the employer’s core interests.
I am always thinking of potential creative solutions to create “win-win” scenarios to meet the union’s needs in a way that does not compromise the employer’s core interests.
LD: Are there any trends you are seeing in your practice in terms of the types of matters keeping you busy these days?
SJP: One major trend I see is an increase in the level of labor unrest. With the uptick in union organizing and a newly reconstituted NLRB, we’re likely to see more activity with union organizing drives, strikes and public demonstrations. Labor disruptions, like the recent nurses’ strike in NYC, commanded significant media attention and a lot of public interest in the story. I also anticipate that the newly constituted NLRB will issue rulings that will generally favor employers which may result in more union activity to resist these developments. Employers should stay vigilant and may need to modify their labor relations strategies accordingly.
Another trend is the surge in interest in unionizing from younger employees, particularly Gen Z. Support for unions waned over the past few decades, but recently, there’s been a noticeable uptick, particularly in industries that have never had a strong union presence before, like technology and retail. This trend is illustrated by the recent headlines about large-scale unionizing efforts at companies like Apple.
I have seen that the union message of collective action – employees banding together to speak with one voice to hold employers accountable, instead of focusing on individual advancement – really resonates with Gen Z employees in a way that it hasn’t with previous generations of workers. And this shift has brought a new focus on increased interest in unionization even in industries that were previously union-free.
LD: What advice do you have now for young lawyers?
SJP: My advice is twofold. First, remain curious and always continue learning – whether it’s the law or learning the intricacies of your clients’ business. Stay on top of recent trends and cases in your field and look for ways to enhance your knowledge and skills. The second piece of advice is to build up your resilience. The practice of law is demanding and stressful and it's important to prepare yourself for the long haul. Your ability to keep cool and maintain your focus, especially during challenging and stressful times is essential. Successfully enduring long hours and stress while staying committed to improving yourself will put you in a position to succeed long term.
LD: If you weren’t a lawyer, what would you be doing now?
SJP: Before I decided to go to law school, I planned on being a mechanic. I’ve always loved cars and have always been curious about how things work. Fixing cars is linear problem solving – identifying the root cause of a problem: if a car’s not starting, why is that? Is it the battery, the spark plugs, issue with the fuel? It’s about the process of elimination, controlling for different variables and creative thinking to identify work arounds. In many ways, that mindset and thought process very much carries over into the practice of labor law.
