John's labor and employment law practice is principally focused on three areas: (1) traditional labor law;
(2) OSHA litigation and counseling; and (3) workplace drug and alcohol testing. 

Traditional Labor Law

John has practiced traditional labor law for 27 years. His labor relations experience includes acting as the principal negotiator for employers in industries as diverse as construction; colleges and universities; plating and manufacturing; energy generation and transmission (gas, electric and nuclear); food processing and distribution; transportation; and hospitality. He has also successfully opposed more than 90 union organizing campaigns from New Jersey to New Mexico.

John's bargaining experience includes multiemployer bargaining, first-contract bargaining, and bargaining to impasse and permanently replacing economic strikers across a four-state region represented by seven locals of an international union. He also regularly bargains to renew expiring contracts for many clients.

In connection with bargaining, John has extensive experience counseling employers on strike preparation and planning, as well as seeking and obtaining state court injunctions of unlawful picketing. John also has extensive experience before the National Labor Relations Board. He litigates R-case and C-case hearings, and has appeared before the full Board in Washington, D.C., and in Regions 18 (Minneapolis Regional Office and Des Moines Resident Office), Region 27 (Denver), Region 30 (Milwaukee), Region 13 (Chicago), Region 8 (Cleveland), Region 9 (Cincinnati), Region 22 (Newark) and Region 33 (Peoria).

John has regularly arbitrated cases for employers in a wide range of industries from trucking and manufacturing to colleges and universities and symphony orchestras. He has also been a contributing author to How Arbitration Works and a contributing editor to The Developing Labor Law.

OSHA Litigation and Counseling

John is one of only a few recognized defense experts in OSHA litigation in Minnesota. In fact, the State Attorney General's office approved the Department of Corrections retention of John to defend the State's prison system against General Duty Clause citations involving a prisoner assault of a prison guard.

John's occupational safety and health practice includes the defense of complex proceedings before OSHA, including several death cases. His substantive OSHA litigation experience includes the successful defense of serious, willful and repeat citations for violations involving the following standards in both general industry and construction: lock-out/tag-out issues, guarding issues, confined spaces, fall protection, personal protective equipment issues, hazardous materials, and permissible exposure limits (PELs). He has represented clients in such matters in the following industries: steel foundries and fabrication, medical device, manufacturing, construction, trucking, paper, petroleum, retail and hospitality.

John frequently advises employers immediately after serious accidents and during complaint-based or administratively planned inspections.

John's labor relations experience (see "Labor Law" tab) is often called upon in these cases because unions often file or instigate the filing of OSHA complaints and Minnesota OSHA typically requires a union's assent to any settlement between the agency and employer.

John has also litigated injured employees' attempts to circumvent the exclusive-remedy provisions of the Minnesota Workers' Compensation Act.

Workplace Drug and Alcohol Testing 

John deals extensively with drug and alcohol testing. He has been involved in workplace drug testing issues since the beginning. For example, in 1987, he was hired by myriad business groups to author most of the Minnesota Drug & Alcohol Testing in the Workplace Act, Minn. Stat. § 181.950-957, which was the second state drug testing statute in the United States. And, in 1988 and 1989, he litigated the case that established the principle that pre-employment drug testing is not a mandatory subject of bargaining under the National Labor Relations Act.

John has written and helped implement private-sector drug testing policies for clients in all 50 states that comply with literally dozens of sometimes-conflicting state and local laws. He has also written and helped implement DOT policies required under the Federal Motor Carrier Safety Administration's Controlled Substances and Alcohol Use and Testing regulations, 49 C.F.R. Part 382 (the "federal testing regulations"). John also regularly advises clients on the interplay of these laws, including the preemptive effect of the federal testing regulations, and related matters such as collective bargaining and medical privacy issues.

Representative Reported Decisions

• Great River Energy v. IBEW Local 160 (Dave Crandall), FMCS Case No.11-51122-3 (July 29, 2011)(sustaining discharge because of lead lineman's failure to communicate and possession of pornography in company truck).
• Lehigh Cement Co., 22 Lab. Arb. Rep. (BNA) 643 (April 30, 2006) (sustaining discharge for insubordination towards supervisor where employee was subject to Last Chance Agreement related to sexual harassment).
• Clay Regional Water District, et al., Case No. 7230 (Iowa Public Employment Relations Board, April 17, 2006) (establishing, in case of first impression, that employers that may not levy taxes to pay for wage increases are not subject to the Iowa Public Employment Relations Act's interest arbitration procedures for resolving bargaining impasses).
• Marathon Ashland Petroleum LLC v. Teamsters Local 120, 300 F.3d 945 (8th Circuit 2002) (affirming declaratory judgment that successor employer created by joint venture between predecessor and an unrelated corporate entity is not obligated to arbitrate dispute concerning one million dollars in bonus payments where dispute arose under predecessor's collective bargaining agreement).
• Kise v. Product Design & Engineering, 453 N.W.2d 561 (Minn. Ct. App. 1990) (affirming summary judgment dismissing claim under state drug testing statute).
• Star Tribune, 295 N.L.R.B. No. 63 (1989) (establishing rule that pre-employment drug testing is not a mandatory subject of bargaining under the National Labor Relations Act)

Honors

Professional Associations

• American Bar Association Section on Labor and Employment Law
• ABA Committee on Practice and Procedure Under the National Labor Relations Act
• ABA Committee on the Development of the Law Under the National Labor Relations Act
• ABA Committee on Occupational Safety and Health Law

Legal Updates

• The Developing Labor Law, Fifth Edition
  Contributing Editor, 2008, 2009 and 2010 Cumulative Supplements (BNA/ABA)
• How Arbitration Works, Sixth Edition
  Contributing Editor, (BNA/ABA 2003)