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Michael A. Pavlick

Partner
+1.412.355.6275
Fax +1.412.355.6501
Mr. Pavlick concentrates his practice in Labor and Employment Law, including employment discrimination litigation under the Civil Rights Acts of 1866, 1871, 1964 and 1991, the Age Discrimination in Employment Act, and the Americans with Disabilities Act; wrongful discharge litigation under state law; minimum wage and overtime litigation under the Fair Labor Standards Act; labor litigation under the National Labor Relations Act and the Railway Labor Act; benefits litigation under the Employee Retirement Income Security Act; litigation of non-competition/confidentiality agreements; representation of clients before the National Labor Relations Board and the National Mediation Board; collective bargaining; arbitrations conducted pursuant to labor contracts; OSHA proceedings; unemployment compensation and other administrative hearings; union elections and campaigns; and, client counseling on labor and employment issues.

Professional Background

Mr. Pavlick frequently speaks at seminars and classes on labor and employment issues, has contributed to employment-related newsletters, and has had several articles published in law reviews. Before joining the firm, Mr. Pavlick served as a full-time judicial clerk to a judge sitting on the United States Court of Appeals for the Third Circuit.

Achievements

  • Best Lawyers in America, 2012 Lawyer of the Year, Litigation - Labor & Employment Law - Pittsburgh
  • Best Lawyers in America, Labor Law - Management, and Litigation - Labor and Employment, 2012 - 2015

Professional/Civic Activities

  • Allegheny County Bar Association (Labor and Employment Law Section)
  • American Bar Association (Labor and Employment Law Section)
  • Pennsylvania Bar Association (Labor and Employment Law Section)
  • Personnel Committee, Pittsburgh Women's Center and Shelter
  • President, Steel Valley Soccer Club
  • Successfully represented specialty steel producer in complicated ADA litigation that resulted in a defense verdict after a jury trial in the U.S. District Court for the Western District of Pennsylvania (affirmed on appeal).
  • Successfully represented mining machinery manufacturer in disability, age, race and religious discrimination that resulted in a defense verdict after a jury trial in the U.S. District Court for the Western District of Virginia (affirmed on appeal).
  • Successfully represented niche technology company in litigation in the U.S. District Court for the Western District of Pennsylvania against former employee and his company, with court finding after bench trial that former employee violated proprietary information agreement, entering a permanent injunction against the employee from competing, and awarding substantial money damages.
  • In a case in the U.S. District Court for the Eastern District of Wisconsin, successfully argued that complaint filed by union should be dismissed because in-house employee organizing group was not company union and dispute therefore fell within exclusive jurisdiction of NMB.
  • In a case of first impression, successfully argued to state trial court and to Pennsylvania Superior Court that federal railroad legislation preempted the Pennsylvania Minimum Wage Act.
  • Represented hospitality industry client in collective wage and hour litigation in U.S. District Court for the Western District of Pennsylvania involving tip pools, including filing of successful motion to dismiss and successful motion for summary judgment (affirmed on appeal and certiorari denied by the U.S. Supreme Court).
  • After protracted litigation, negotiated nominal settlement for telemarketing client in class action alleging that contractors were employees owed a minimum wage and overtime.
  • In a case filed as a wage and hour class action involving compensability of sleep time, the class allegations were subsequently dismissed and summary judgment was granted on the merits in favor of the employer.
  • Earned summary judgment and award of attorney’s fees against union pension plan which had wrongfully suspended pension benefits of client’s employee.
  • Represented professional sports league in union election proceeding before the NLRB in New York, resulting in dismissal of original petition of election based upon appropriateness of bargaining unit, successful defense against subsequent unfair labor practices, and election win in bargaining unit advocated by the league.
  • In connection with airport authority requirement that client enter into a neutrality agreement, successfully negotiated an agreement with a disinterested union, and successfully defended against unfair labor practice charges by principal union that was attempting to organize worksite.
  • Successfully argued for dismissal of unfair labor practice charges before the NLRB in Albany, New York, with the NLRB agreeing that automobile industry client did not have to negotiate with union its decision to relocate substantial parts of its manufacturing operation to Mexico.
  • Successfully argued for dismissal of unfair labor practices charges before the NLRB in Albuquerque, New Mexico, with the NLRB agreeing that the cement block manufacturer did not discriminate against the union or refuse to bargain with union after client acquired assets of union company.
  • Developed a hiring program for client that acquired union plant which allowed it to operate plant as non-union, which program was ultimately found to be legal by the NLRB in Cincinnati, Ohio.