Employment History

 1995-present: Lobel, Novins & Lamont, LLP; 

1990-1995: Kator, Scott & Heller. Litigation, labor, negotiations, occupational safety, union member civil rights, union governing instruments. General Counsel: National Association of Air Traffic Specialists, 1992-2005; FOP DC/DOC 1996-2000; National Postal Mail Handlers Union, 1988-91.

1972-1990: Public Citizen Litigation Group, Wash., D.C.  Litigation in the areas of labor, workplace safety, pension and administrative law, First Amendment.  Founder: PROD (Professional Drivers Council), an association of Teamsters dedicated to union reform and the promotion of workplace safety; later known as TDU (Teamsters for a Democratic Union).

1968-72: National Labor Relations Board, Office of General Counsel, Washington, D.C. Appellate enforcement litigation in federal circuit courts.

Education  

University of Virginia -- BA, 1965; LLB, 1968.

Member        

District of Columbia Bar. 

Association for Union Democracy, Board of Directors, 1977-present.

Publications

  • Title IV's Never-Never Land: When and How Victorious Insurgents Are To Be Installed in Union Office, 4 Hofstra Lab. L. J. 299 (Spring 1987).
  • The Burger Years, Viking Penguin, 1987; Chapter entitled, Showing Workers Who's Boss.  ABA's Silver Gavel Award.
  • Section 301 And Exhaustion of Intra-Union Appeals: A Misbegotten Marriage, 128 U. Pa. L. Rev. 989-1035 (1980).
  • Teamster Democracy and Financial Responsibility, PROD, Inc., Washington, D.C. 1976, Lib. Cong. No. 76-17788.

ADMINISTRATIVE/LEGISLATIVE EXPERIENCE

Federal Administrative rulemaking participation on variety of issues including matters involving trade unions, occupational safety and health, and federal motor carrier safety regulations.

Congressional Lobbying on motor carrier safety, labor, and pension legislation.  Drafted original version of P.L. 97-424 (Title IV re: Motor Carrier Safety Enforcement).

Organizational Activities: PROD/TDU -- Founded in 1972, structured, and counseled a non-profit, public interest membership organization of Teamsters known as PROD.  Represented members' safety and health concerns before regulatory agencies, the Congress, and the courts.  Identified issues, developed agenda and counseled movement to reform the Teamsters Union under aegis of Teamsters for a Democratic Union (TDU) following TDU/PROD merger in 1979. 

During PROD's independent existence, played a number of roles in addition to lawyer, ranging from manager of 6-person staff, to legislative draftsman and lobbyist, researcher, investigator, editor and publisher of a newsletter.  Extensive dealings with a broad cross-section of people, from workers to the press corps and personnel in the executive and legislative branches of government.

LITIGATION 

Numerous agency enforcement/review cases before the U.S. Courts of Appeals while at the NLRB.  The following is a sampling of reported decisions in cases handled after leaving the NLRB:

Bishop v. Iron Workers, 310 F. Supp. 2d 33 (D.D.C. 2004), invalidating numerous constitutional provisions infringing member free speech rights, including prohibitions on "inciting dissatisfaction or dissension," "slander," discussing union business or proceedings with non-members, and fining members for the union's costs of defending against their lawsuits.

Callihan v. Plumbers, 169 LRRM 3085 (D.D.C. 2002), invalidating constitutional provision requiring expulsion of member guilty of transmitting "letters of falsehood" based on chilling effect on free speech.

Morris v. BLE, 165 F.Supp.2d 662 (N.D.Oh. 2001), enjoining "quickie" union merger referendum where opposing viewpoint could not be disseminated.

Ruocchio v. UTU, 181 F.3d 376 (3rd Cir. 1999), cert. denied, 528 U.S. 1154 (2000), successful free speech action to invalidate union constitutional restraint on member speech.

Thompson v. OPEIU, 74 F.3d 1492 (6th Cir. 1996), cert. denied, 519 U.S. 993 (1996), complex case holding unlawful a union's use of trusteeship to suppress members' democratic rights and to remove popular official.

Henry v. NAATS, 836 F.Supp. 1204 (D.Md. 1993), union governing tribunal is constitutionally authorized to terminate Executive Director whose libel and breach of contract actions dismissed.  Aff'd, 147 LRRM 3024 (4th Cir. 1994)(unpublished opinion).

Theodus v. McLaughlin, 852 F.2d 1380 (D.C. Cir. 1988), and Teamsters for Democratic Union v. Dept. of Labor, 810 F.2d 301 (D.C. Cir. 1987) (unsuccessful campaign to require Labor Dept to adopt democratic procedures to govern Teamster elections -- procedures subsequently imposed by Justice in RICO action).

Taylor v. NLRB, 786 F.2d 1516 (11th Cir. 1986) (successful challenge to NLRB policy of refusing to resolve statutory claims in deference to private arbitral decisions).

Knox County Local v. Rural Letter Carriers, 720 F.2d 936 (6th Cir. 1983) ("free speech" action which obtained member access to their union's exclusive media organ).

Professional Drivers Council v. Bureau of Motor Carrier Safety, 706 F.2d 1216 (D.C. Cir. 1983) (review of Reagan Administration termination of rulemaking to reform commercial drivers' hours-of-service regulations).

Helton v. NLRB, 656 F.2d 883 (D.C. Cir. 1981) (successful action to require NLRB to extend protections of NLRA to workers equally without regard to whether offender was union or employer).

Brink v. DaLesio, 667 F.2d 420 (4th Cir. 1981); 88 F.R.D. 610 (D.Md. 1980); 496 F. Supp. 1350 (D.Md. 1980); 82 F.R.D. 664 (D.Md. 1979); 453 F. Supp. 272 (D.Md. 1978) (complex litigation which recovered $1.8 million from union officer and pension fund administrator for multitude of fiduciary violations under LMRDA and ERISA).

Barrentine v. Arkansas-Best Freight, Inc., 450 U.S. 728 (1981); 615 F.2d 1194 (8th Cir. 1980) (action to require employers to compensate truckers for performing mandatory truck safety inspections).

Banyard v. NLRB, 505 F.2d 342 (D.C. Cir. 1974) (action to require NLRB to extend NLRA to protect right of truckers to refuse to drive dangerous and illegal rigs).

Supreme Court amicus briefs filed in:

            Local 82, Furniture Drivers v. Crowley, 467 U.S. 526 (1984)

            DelCostello v. Teamsters, 462 U.S. 151 (1983)

            Daniel v. Teamsters, 439 U.S. 551 (1979)

            Hines v. Anchor Motor Freight, 424 U.S. 554 (1976)

            Industrial Union Dept. v. Hodgson, 499 F.2d 467 (D.C.Cir. 1974)