Michael joined Bass, Berry & Sims PLC in August 1996. He has been representing management in labor and employment matters exclusively since 1995. He has represented clients in the healthcare, aerospace, commercial printing, manufacturing, education and automotive industries.
Traditional Labor: Michael is one of the leading management-side traditional labor lawyers in the Southeast. He has successfully represented employers in union-organizing campaigns, labor contract negotiations, work-stoppage counseling, and unfair labor practice proceedings before the National Labor Relations Board. Michael has extensive federal court labor litigation experience, and he has litigated cases which resulted in several published decisions in the United States Courts of Appeal. His experience includes Section 301 and federal WARN Act claims. Each year, Michael tries numerous labor arbitrations under the provisions of collective bargaining agreements, and he is a frequent lecturer on traditional labor law topics, including the Employee Free Choice Act.
Employment: Michael also litigates and advises clients regarding various employment issues, including restrictive covenants agreements, wage and hour compliance, discipline and discharge, reductions in force, discrimination and civil rights, sexual harassment and I-9 compliance. Michael was the first attorney in the State of Tennessee to obtain an injunction prohibiting unfair competition under the inevitable disclosure doctrine. He has also conducted numerous internal investigations for his clients’ boards of directors and audit committees.
Recent Matters include:
- International Muffler Co. D/B/A Maremont (NLRB Case No. 10-RD-1466). Decertification of incumbent union.
- Alley v. Quebecor World Kingsport, Inc. (Tennessee Court of Appeals, Eastern Section, Tennessee Supreme Court and certiorari to U.S. Supreme Court). Dismissal of class action fraud and misrepresentation labor case.
- Del Valle v. BellSouth Telecommunications, Inc. (U.S. District Court for M.D. Tennessee and Sixth Circuit Court of Appeals). Summary judgment affirmed on Section 301 preemption grounds.
- Copeland v. TRW Automotive U.S. LLC (U.S. District Court for M.D. Tennessee and Sixth Circuit Court of Appeals). Summary judgment affirmed in federal age discrimination case.
- Graphic Communications International Union, Local 12-n v. Quebecor Printing Providence, Inc. (U.S. District Court for District of Rhode Island and First Circuit Court of Appeals). Summary judgment affirmed in federal WARN Act case.
- International Muffler Co. v. International Association of Machinists and Aerospace Workers, AFL-CIO Dist. Lodge No. 711 and Local Lodge No. 2545 (U.S. District Court for E.D. Tennessee). Successful RICO action against striking union.
- Barnes v. Goodyear Tire and Rubber Co. (Tennessee Supreme Court). Tennessee Disability Act case.
- QW Memphis Corp v. Graphic Communications Union Local, 694-M (U.S. District Court for M.D. Tennessee). Successfully vacated labor arbitration award.
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