Labor & Employment Relations

Barrett & McNagny's Labor & Employment Relations Group represents business entities throughout the Midwest. The Group has defended employers in numerous wrongful discharge, unfair labor practice and employment discrimination cases before labor arbitrators, administrative agencies and State and Federal courts. The Group also has extensive experience in representing companies in Union elections, as well as representing many Unionized employers. Much of our work is directed at resolving disputes and preventing litigation, as well as counseling clients in the areas of personnel policies and records; employee discipline and discharge; workplace privacy issues; employment discrimination; response to Union organization drives; Union picketing and strikes; collective bargaining and contract administration; grievance processing and labor arbitration; occupational safety and health; overtime and prevailing wage claims. The members of our Employment Group have extensive trial experience in handling 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 matters which are designed to prevent problems before they arise, and to handle them quickly if and when they do arise.

Practice Highlights

The Labor & 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 protecting the interests of management, it is impossible to give more than a very abbreviated sketch of our involvement in this area. Some examples include the following:

• Defended and employer through a jury trial involving the termination of an 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 case with the Family and Medical Leave Act in the Seventh Circuit in Diaz v. Fort Wayne Foundry. Members of our Employment Group argued that a company should only have to be responsible 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, Ohio and Indianapolis, Indiana.
• 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 court.
• Defended actions many 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.

Members of the Group are repeatedly requested by various organizations to provide seminars and/or publication documents 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 various labor-based bar and professional associations, including at the local and state levels. The group consists of H. Joseph Cohen, Thomas M. Kimbrough, Thomas J. Markle, James O'Connor and Anthony M. Stites.