REPRESENTATIVE EXPERIENCE
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
healthcare 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.
