Patrick R. Scully

Patrick R. Scully is a Member in the Labor & Employment Department of Sherman & Howard LLC in Denver. He represents employers in all aspects of labor relations, including trials and representation cases before the NLRB, federal and state courts.  His practice includes collective bargaining, organizing defense, labor arbitration, grievance and arbitration, strikes, boycotts, corporate campaigns and other labor disputes.  Mr. Scully also represents employers on various employment law matters including state and federal court litigation of claims for violations of Title VII, the Americans with Disabilities Act and other allegations of discrimination. Before joining Sherman & Howard, Mr. Scully was as a staff attorney with the National Labor Relations Board, in-house counsel for the Oil, Chemical and Atomic Workers International Union, and Associate General Counsel for Anheuser-Busch Companies, Inc. Mr. Scully is a long-standing management representative to the National Labor Relations Board practice and procedure committee in Denver and is a Chapter Editor for The Developing Labor Law.


  • Juris Doctor, St. John’s University School of Law, 1996
  • Bachelor of Arts, University of Florida, 1991
Representative Matters
  • Obtained orders from federal district courts vacating arbitration awards issued under the Railway Labor Act and the Labor Management Relations Act.  In both cases, the arbitrator had exceeded his authority by altering the terms of the collective bargaining agreement.
  • Secured dismissal of NLRB petitions filed in three separate areas of the U.S. involving coordinated union attempts to organize independent contractors.
  • Successfully defended a class action brought by Communication Workers of America employees, against the company and the union, claiming they had been denied severance benefits. Showed that the company’s severance practices did not violate the collective bargaining agreement – a required element in the plaintiff’s claims. Plaintiffs, in response, dropped the entire case with prejudice.
  • Obtained dismissal, for a large cable operator just prior to its sale, of several decertification petitions alleging that the cable operator had induced and/or improperly assisted employees seeking to decertify the union.
  • Twice successfully defended accusations from the United Food and Commercial Workers union that the client refused to recognize a particular union representative – winning first before the NLRB over union accusations that the client’s conduct was an unfair labor practice and winning the second time in federal court – where the Court was persuaded to deny the Union’s Motion to Compel arbitration because the dispute was subject to the primary jurisdiction of the NLRB.
Honors & Awards
  • Listed in Best Lawyers in Amercia – Employment Law – Management
Publications & Press
  • Sherman & Howard Attorneys Recognized as 2015 Best Lawyers in America©
  • The Supreme Court Unanimously Strikes Down NLRB Recess Appointments
  • Patrick Scully quoted in the Corporate Secretary article “Possible Impacts of the Noel Canning Decision”
  • Presenter, “Routine Remedy or Radical Departure–Is Backpay for Unlawful Immigrants Beyond the Scope of the Board’s Remedial Processes?” 2012 Midwinter Meeting, ABA Committee on Development of the Law Under the National Labor Relations Act
  • Co-author, Routine Remedy or Radical Departure–Is Backpay for Unlawful Immigrants Beyond the Scope of the Board’s Remedial Processes? Mezonos Maven Bakery, 357 NLRB No. 47 (2011)
  • Speaker, Midwinter Meeting of the American Bar Association’s Committee on the Development of the Law under the National Labor Relations Act, 2007
  • Speaker, Colorado Hospitality Association and the Colorado Hospital Association regarding union organizing developments in the State of Colorado, 2007