Michael A. Pavlick

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.

Represented professional sports league with respect to WARN Act requirements and bankruptcy issues related to league shutdown.

Represented lumber company in union organizing campaign in Northern Florida which resulted in no election, most unfair labor practice charges being dismissed, including claims that employees were unfairly disciplined and terminated, and the union request for Section 10(j) injunctive relief being denied.

Represented Ohio speciality steel manufacturer in repeated elections with USW and ensuing unfair labor practice charges and election objections.

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 airport worksites.

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.

In a case in the US 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.

Representation of manufacturer and paper mill in labor contract negotiations in Pennsylvania and Massachusetts, as well as in grievances and arbitrations under the collective bargaining agreement.

Advised aluminium casting client in lengthy strike involving USW, including proceedings before the NLRB, PA UCBR, state court injunction proceedings, and arbitrations stemming from discharge of strikers. Ultimately, the workers came back to work without a new contract. Strike assistance and collective bargaining assistance was provided in subsequent years.

Representation of offshore wind developer in dealings with trade unions over PLA and with longshoremen with respect to jurisdictional claim to certain work and unfair labor practice charges.

Represented a Dutch offshore construction company in the negotiation of project labor agreements with trade unions for offshore wind construction projects.

For a steel manufacturer, successfully argued for withdrawal of charges alleging that staffing company workers were covered by CBA and that the company engaged in direct dealing with employees over wage increases. Related charges on unilateral changes to CBA are pending hearing.

Won summary judgment for a railroad in a lawsuit filed by the union in federal court in Massachusetts claiming that the railroad unilaterally changed certain negotiated employee health care benefits.

Advised client with respect to bankruptcy filing’s impacts on collective bargaining agreements and subsequent bankruptcy motion practice under Section 1113 involving rejection and modification of CBA’s.

Have provided union avoidance training to multiple companies in a variety of industries.

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.

Earned summary judgment and award of attorney’s fees against union pension plan which had wrongfully suspended pension benefits of client’s employee.

Represented hospitality industry client in multi-plaintiff wage and hour litigation in US 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 US Supreme Court).

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.

After discovery, negotiated nominal settlement for telemarketing client in class action alleging that contractors were employees owed a minimum wage and overtime.

Successfully represented specialty steel producer in complicated ADA litigation that resulted in a defense verdict after a jury trial in the US 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 US District Court for the Western District of Virginia (affirmed on appeal).

Successfully represented niche technology company in litigation in the US 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.

Successfully represented technology company in litigation brought by former CEO over change of control bonus that resulted in a defense verdict in the Court of Common Pleas of Allegheny County (PA).

Prosecuted successful appeal before Pennsylvania Superior Court wherein court agreed that expiration of employment contract with non-solicitation clause did not void non-solicitation clause.