On behalf of two local IAM unions, Patterson Harkavy has prevailed in federal district court in a case challenging a labor arbitration decision. This case arises from Plaintiff UGL UNICCO’s termination of union member Ronald Corbett. UGL UNICCO provides facilities maintenance services at a tire plant in Wilson, North Carolina, owned by Bridgestone Firestone North American Tire. Corbett was employed by UGL UNICCO and worked at the Bridgestone Plant. Defendants Local 2541 and District 110 are constituent entities of the International Association of Machinists and Aerospace Workers (“IAM”). The IAM was represented in this case by Mike Okun and Narendra Ghosh.
The union challenged Corbett’s termination and the case was initially decided by an experienced labor arbitrator. Corbett, a 34-year employee, did nothing wrong in getting fired, but was terminated without just cause because of Bridgestone’s unilateral decision. This is commonly known as a persona non grata situation. The arbitrator found that this firing violated the union’s contract with UNICCO, and award Corbett 68 weeks of pay as damages because she could not order Bridgestone to return him to work. UNICCO challenged the arbitrator’s decision in federal court.
In his July 16, 2010 opinion, Judge Boyle affirmed the arbitrator’s award and granted the union’s motion to enforce it. Judge Boyle reasoned: Read more…
Categories: Judicial Decisions, Results
Tags: Bridgestone, Eastern District of North Carolina, Federal Court, International Association of Machinists, Labor and Employment, Labor Arbitration, Michael Okun, Narendra Ghosh, Personan Non Grata, Results, UNICCO, Unions, Wilson
Six of Patterson Harkavy’s attorneys have been named North Carolina “Super Lawyers” for 2010 in a recent study by Law & Politics magazine. The findings are published in the February 2010 edition of the North Carolina Super Lawyers magazine.
Patterson Harkavy’s 2010 North Carolina “Super Lawyers” are:
In addition, Jonathan Harkavy was named to the list of the Top 100 attorneys in North Carolina.
Law & Politics conducts a regional survey of lawyers who have been in practice for at least five years, asking them to nominate the best attorneys they’ve personally observed in action. In addition, the magazine’s attorney-led research department reviews nominees’ credentials based on a set of evaluation criteria. To ensure a diverse and well-balanced list, the research staff considers factors such as firm size, practice area and geographic location.
Categories: News of the Firm
Tags: Burton Craige, Hank Patterson, Jonathan Harkavy, Labor and Employment, Leto Copeley, Medical Malpractice, Michael Okun, Personal Injuries, Recognition, Super Lawyers, Valerie Johnson, Workers' Compensation
Yesterday, Michael Okun spoke in front of the North Carolina Legislature’s Joint Study Committee on Work and Family Balance. Mike presented an overview of employment law, the specific laws that assist employees in caring for family members and themselves, and possible improvements that could be made to further assist employees as they balance the demands of work and family.
An excellent paper on the topic is “Free Riding on Families: Why the American Workplace Needs to Change and How to Do It,” an Issue Brief by Phoebe Taubman, an Equal Justice Works Fellow with A Better Balance: The Work and Family Legal Center, based in New York City. The paper discusses the need for reform, compares our laws to the more robust protections available in most other countries, and proposes reforms in the areas of: an improved Family and Medical Leave Act, paid sick days, workplace flexibility, employment discrimination against caregivers, and workplace equity.
Categories: Legislative Action
Tags: Discrimination, FMLA, Labor and Employment, Michael Okun, NC Legislature, Paid Leave, Work and Family Balance
In its January 2010 issue, Business North Carolina recognized lawyers as being among the “Legal Elite” in various areas of the law. Michael Okun was recognized as one of the “Legal Elite” in employment law, and Jonathan Harkavy retained recognition in the “Legal Elite Hall of Fame” in employment law.
Categories: News of the Firm
Tags: Jonathan Harkavy, Legal Elite, Michael Okun, Recognition
As part of the Committee on Practice and Procedure under the NLRA (Southern Region (Region VIII) of the ABA’s Labor and Employment Section), Mike Okun helped organize the annual discussion between the labor bar and the NLRB Region 11’s Director, attorneys, and staff. At today’s meeting at the NLRB office in Winston-Salem, we had the good fortune to be joined by John E. Higgins, Jr, currently the agency’s Deputy General Counsel, who filled us in on developments at the national level, including the NLRB’s work with only two board members and the potential effects of EFCA.
Categories: News of the Firm
Tags: ABA, EFCA, Labor and Employment, Michael Okun, NLRB, Union
At the 14th Annual North Carolina Workers’ Compensation Educational Conference in Raleigh, which is put on the by the Industrial Commission, Hank Patterson was presented with an award in recognition for his years of outstanding service to the workers and the workers’ compensation of system of North Carolina. Mike Okun was called on to present the award to him. Also honored was C. Woodrow Teague of the law firm Teague Campbell Dennis & Gorham.
Hank Speaks after Receiving Recognition
Categories: News of the Firm
Tags: Hank Patterson, Industrial Commission, Michael Okun, Recognition, Workers' Compensation
Michael Okun and Valerie Johnson taught at the annual labor school put on by the North Carolina AFL-CIO State Federation, which was held at UNC Wilmington. Mike teaches the bulk of the program, which introduces union workers and leaders to labor law and related legal topics. Valerie teaches the session on workers’ compensation.
Categories: News of the Firm
Tags: AFL-CIO, Labor and Employment, Michael Okun, Union, Valerie Johnson, Workers' Compensation
Chapel Hill native and long-time Carrboro resident Mike Okun recently was elected a Fellow of the College of Labor and Employment Lawyers, a national organization established in 1995 to recognize those who, by long and outstanding service, have distinguished themselves as leaders in the field of labor and employment law. Although the College has approximately one thousand members nationwide, Okun is only the second Fellow ever elected from North Carolina, and the first who represents employees or labor unions. John Doyle, a management lawyer with Constangy Brooks and Smith in Winston-Salem, was the first North Carolinian elected just over a decade ago.
Categories: News of the Firm
Tags: Labor and Employment, Michael Okun, News of the Firm, Recognition
The Fourth Circuit affirmed the trial court’s decision for the union in United Steelworkers, Local 850L v. Continental Tire. The Court agreed with the union that the dispute over pension and health benefits had to submitted to arbitration. Michael Okun assisted with the representation of the union.
Categories: Judicial Decisions, Results
Tags: Arbitration, Fourth Circuit, Labor and Employment, Michael Okun, Results, Union
Michael Okun spoke at the 2008 Annual Conference of the AFL-CIO Lawyers Coordinating Committee (LCC), which was held in Seattle. Mike’s talk was part of a session concerning the representation of state and local movements and their partner 501(c)(3) organizations. He presented a paper, written along with Narendra Ghosh, entitled A Brief Overview of the Law Governing the AFL-CIO’s State and Local Central Labor Bodies.
Summary: In every state and hundreds of communities around the country, the labor movement benefits from the presence and work of state, area, and local labor bodies chartered by the national AFL-CIO. Unlike their affiliate local unions, these central labor bodies are not directly involved in direct representation of workers, contract negotiations or administration, direct organizing, or litigation under the National Labor Relations Act or the Railway Labor Act. Instead, the AFL-CIO’s state and local central bodies are designed to coordinate and lead the labor movement’s work in particular geographic areas around the labor movement’s legislative, policy, and electoral goals. State and local central bodies also provide support to organizing campaigns and contract fights in their areas, although state federations and central labor councils do not directly represent workers.
Read more…
Categories: News of the Firm
Tags: AFL-CIO, Articles, Labor and Employment, LCC, Michael Okun, Narendra Ghosh, Presentation, Union
