Martin, Browne, Hull & Harper, P.L.L. Law Firm in Springfield, Ohio

Labor and Employment Law Practice Group

Martin, Browne, Hull & Harper, PLL, emphasizes preventive employment relations to assist our management clients in reducing the potential for costly and time-consuming litigation, by recommending and correcting potential problems with personnel policies and procedures. However, the firm also provides a comprehensive range of services in employment and labor relations, including those related to collective bargaining, union representation campaigns, unfair labor practice charges, wrongful discharge, employment discrimination matters, reductions in force, investigations of employee misconduct, severance agreements, employment contracts, non-competition agreements, equal employment opportunity, disability, family and medical leave, affirmative action, wages and hours of work, sexual harassment, unemployment compensation, workers’ compensation, employee benefits and all forms of employment-related litigation

Below is a more detailed description of services to our clients in the public and private sector:

ADMINISTRATIVE PROCEEDINGS
Representation of clients before administrative agencies, including the NLRB, SERB, EEOC, the Ohio Civil Rights Commission, local fair employment practice agencies, local civil service commissions, the State Personnel Board of Review, OSHA, the federal and state Departments of Labor, and the U.S. Immigration and Naturalization Service.

AFFIRMATIVE ACTION PLANS
Several of our attorneys have significant experience in working with clients to develop affirmative action plans required of government contractors and subcontractors and suppliers. This work includes the creation of the plan language as well as the statistical work force analysis and utilization analysis. The firm has also represented clients during audits by the Office of Federal Contract Compliance.

ALTERNATIVE DISPUTE RESOLUTION (ADR)
The use of out-of-court dispute resolutions, common in the union context, are gaining favor in the non-union setting as a means of controlling the cost and time devoted to normal litigation. Our attorneys have developed substantial expertise in mediation, arbitration and conciliation procedures. Our attorneys are also experienced with win-win bargaining in the collective bargaining context.

ARBITRATIONS
Attorneys in the firm have a long history of representing employers with organized labor and have been involved in all aspects of labor negotiations and the administration of collective bargaining agreements, including advising employers on contract interpretation, the “just cause” standards for employee discipline, investigations of employee misconduct, processing of grievance issues as they arise and representing private and public employers at arbitration hearings. This experience enables us to handle not only labor arbitration under collective bargaining agreements, but also any arbitrations for non-union employers who have adopted their own ADR policies and procedures.

AUDITS
We have developed an in-house human resources audit program to help clients identify potential problems and initiate preventive measures. This includes the review of employment policies, employee handbooks, and personnel practices and procedures to insure compliance with the myriad federal and state laws which impact on human resource management.

COLLECTIVE BARGAINING
The firm has a long history of representing employers in collective bargaining negotiations for both public and private sector clients throughout west central Ohio. This experience includes representing the client at the bargaining table as well as providing support and back-up for those clients who choose to negotiate independently with the union. We are also experienced in handling strikes and lockout situations as well as representation before the National Labor Relations Board and the State Employment Relations Board.

DISABILITY LAW
We have handled numerous cases involving alleged disability discrimination under the Americans with Disabilities Act, the Rehabilitation Act of 1973 and analogous Ohio laws. In addition to litigation, we routinely advise clients concerning the definition of disability, the requirements for reasonable accommodation under the law and the interaction between disability laws and other related statutes such as the Family and Medical Leave Act and workers’ compensation law. Our lawyers have prepared numerous written materials regarding disability discrimination and have been frequent lecturers on the subject of disability discrimination.

DRUG TESTING AND EMPLOYEE PRIVACY
Several of our attorneys have extensive expertise in the area of drug testing of employees and students in both the public and private context. Once again, our lawyers have prepared numerous written materials on the issue of drug testing of employees and have been frequent speakers on the constitutional law, common law and privacy issues which this new area of the law engages. They have assisted numerous clients with the development of drug and alcohol abuse policies and testing procedures and have handled many related litigation matters arising out of the discharge or discipline of drug offenders.

EEO LITIGATION
We possess extensive experience in handling all types of EEO litigation. Our attorneys have handled hundreds of individual discrimination suits and charges in both state and federal courts and administrative agencies involving alleged race discrimination, sex discrimination, age discrimination, disability discrimination, sexual harassment and so on. Our attorneys frequently write, lecture, and participate in seminars on civil rights and EEO issues. We regularly present in-house seminars to our clients, at no cost, on topics of interest.

ERISA
We have a number of attorneys who work with our tax department in reviewing employee benefit plans regarding ERISA compliance, tax planning, and tax administration. Our attorneys are experienced in litigating benefit claims arising under ERISA and are knowledgeable about issues such as federal preemption and Section 510 claims.

NLRB
We represent employers before the National Labor Relations Board (NLRB) on the range of issues that come under its jurisdiction, including representation hearings, the defense of unfair labor practice charges, objections to union elections, and decertification petitions. We represent numerous public employers and school boards and provide them similar services before the State Employment Relations Board (SERB).

OFCCP
Several of our attorneys have significant experience in working with clients to develop affirmative action plans required of government contractors and subcontractors and suppliers. This work includes the creation of the plan language as well as the statistical work force analysis and utilization analysis. The firm has also represented clients during audits by the Office of Federal Contract Compliance and during compliance proceedings.

OSHA AND VSSR HEARINGS
Members of the group have represented numerous clients regarding OSHA inspections, OSHA citations for violation safety standards and awards of benefits under Ohio law for alleged violations of specific safety requirements (VSSR hearings).

PLANT CLOSINGS, RETIREMENT PROGRAMS, AND REDUCTIONS IN FORCE
The firm has extensive experience in counseling employers who are contemplating a plant closing, reduction in force, voluntary early retirement incentive program or an involuntary layoff. We have assisted each of these clients in complying with the diverse requirements of numerous overlapping laws which impact on these types of employment actions, including the Worker Adjustment and Retraining Notification Act (WARNA), the Age Discrimination in Employment Act (ADEA), and the Older Workers’ Benefit Protection Act (OWBPA).

WAGE AND HOUR
We handle all types of wage and hour issues that arise under the Fair Labor Standards Act, the Davis-Bacon, Walsh-Healey and Service Contract Acts, and other federal and state statutes.

WORKERS’ COMPENSATION
We have several attorneys who have extensive experience in handling diverse workers’ compensation matters for employers including representation at hearings before the Bureau of Workers’ Compensation, appeals to the Common Pleas Courts, intentional tort claims and VSSR claims.

WRONGFUL DISCHARGE
The firm’s attorneys are experienced in handling wrongful discharge and breach of contract claims. We regularly advise clients on the development of employee handbooks, employment applications, employment-at-will disclaimers and other appropriate measures to avoid wrongful discharge claims.