Labor Relations and Employment Law

Barrett McNagny's Labor and Employment Relations Group represents business entities throughout the U.S. with a heavy concentration in the Midwest. We have defended employers in numerous wrongful discharges, unfair labor practices, and employment discrimination cases before labor arbitrators, administrative agencies, and state and federal courts. We also have extensive experience in representing companies in union elections, as well as representing many unionized employers.

Preventing Litigations. Resolving Disputes

Much of our work is directed at resolving disputes for employers and preventing litigation. We also handle:

• Counseling clients in the areas of personnel policies & records
• Employee discipline & discharge
• Workplace privacy issues
• Employment discrimination
• Response to union organization drives
• Union picketing and strikes
• Collective bargaining & contract administration
• Grievance processing & labor arbitration
• Occupational safety and health
• Overtime
• Prevailing wage claims

We have extensive trial experience in defending employers from discrimination suits, as well as experience in the areas of contract negotiations, the National Labor Relations Board, the Equal Employment Opportunity Commission, arbitration, and Appellate advocacy. We also regularly consult with a wide range of entities regarding the full range of employment defense matters which are designed to prevent problems before they arise and to handle them quickly if and when they do arise.

The Labor and Employment Relations Group represents hundreds of entities in their employment law matters. These entities range from sole proprietors to some of the area's largest employers and Fortune 500 companies. Because our group devotes a substantial portion of time to protecting the interests of management, it is impossible to give more than an abbreviated sketch of our involvement in this area. 

Barrett's Experience:

• Defended an employer through a jury trial involving the termination of one employee with AIDS and one with multiple sclerosis. The company had implemented a drug testing policy and the two employees claimed they were unable to undertake the drug testing at the scheduled time due to their ailments. After a week-long jury trial, the policy and terminations were upheld.
• Assisted a large regional employer in the termination of the president of one of its divisions for suspected misappropriation of company property. The termination of employment was handled within 48 hours without press or publicity and no further legal involvement.
• Handled a leading case with the Family and Medical Leave Act (FMLA) in the Seventh Circuit in Diaz v. Fort Wayne Foundry. Members of our Employment Group argued that a company should have to be responsible only for whether or not they provided the benefits and procedures as required by FMLA without consideration as to how other employees may have been treated because of any federally protected status. The Seventh Circuit Court of Appeals adopted this argument for all courts within the Seventh Circuit.
• Maintained the non-union status of a large regional freight transporter in elections with the Teamster's Union in Cleveland and Indianapolis.
• Represented Ohio employer in the decertification of a union.
• Represent large national corporations (who have various plants and facilities located throughout the Midwest) in all employment litigation matters brought in either federal or state courts.
• Defended actions brought by the EEOC against employers.
• Regularly defend employers in litigation in the federal courts in Indiana, Ohio, Michigan, New Jersey, etc.
• Regularly provide supervisory and employee training in all facets of labor and employment matters.
• Represented employer and secured attorney fee judgment against the NLRB.

Members of the group are repeatedly requested by various organizations to provide seminars and/or write for publications because of their experience in the employment law field. In addition, a significant number of not-for-profit organizations consult with the members of this Group for their experience and knowledge.

Members of the group have served as chairs of the various labor-based bar and professional associations, at the local and state levels. 

Other Related Practice Areas:  Employee Benefits Law, Workers Compensation Law, Corporate and Business Law

Contact Our Team

Contact a member of our Labor and Employment team by clicking on their picture below.

             

 

Barrett McNagny is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.