Home People John T. McCann

John T. McCann

Partner
P: 315.565.4540
F: 315.565.4600

John McCann is a partner in the Labor & Employment Practice. He represents management in connection with employment litigation, collective bargaining, labor arbitrations, preparation of employment contracts, formulation of employment policies and practices, investigations, labor audits, supervisory training, and compliance with all applicable employment laws and regulations. He has served as a member of the Firm’s Executive Committee and as the Chair of the Labor & Employment Department.

Mr. McCann is a Past President of the Onondaga County Bar Association, has served as a Delegate to the New York State Bar Association House of Delegates, and a is Fellow of the American Bar Foundation and of the New York Bar Foundation. He has served on the Local Rules Committee of the United States District Court, Northern District of New York.

Mr. McCann presently serves as Chair of a Task Force on Alternative Dispute Resolution established by the Onondaga County Bar Association and serves as a Member of a Task Force on the New York Bar Examination established by the New York State Bar Association.

Mr. McCann also serves as a court-approved mediator on federal and state court panels, and serves as an arbitrator for attorney-client fee disputes.

Representative Matters

  • Obtained a jury verdict in favor of an employer and an alleged joint employer on sexual harassment and retaliation claims brought against the company president (U.S. District Court, Northern District of New York).
  • Obtained a jury verdict in favor of an employer on sexual harassment and retaliation claims against a school principal (U.S. District Court, Northern District of New York).
  • Obtained a jury verdict in favor of an employer on retaliation claims brought by a discharged director of human resources (U.S. District Court, Northern District of New York).
  • Obtained a jury verdict in favor of an employer on national origin discrimination, harassment and retaliation claims (U.S. District Court, Southern District of New York).
  • Obtained a federal court decision after bench trial in favor of an employer and a union, dismissing causes of action for breach of collective bargaining agreement, breach of union duty of fair representation and age discrimination (U.S. District Court, Northern District of New York).
  • Obtained a summary judgment in favor of a college in an alleged sex discrimination and retaliation case brought by a faculty member following denial of promotion due to insufficient scholarship (U.S. District Court, Northern District of New York).
  • Successfully represented clients in more than 100 employment discrimination and retaliation claims filed in federal and state courts, and before administrative agencies.
  • Successfully defended an OFCCP audit following a statistical analysis of hiring practices.
  • Successfully defended a Section 10(j) injunction petition brought by the NLRB with NLRB payment of the employer’s attorney fees.
  • Obtained a dismissal of NLRB charges based on an alleged unlawful lockout of unfair labor practice strikers, in a case of first impression (NLRB Advice Memorandum, 1989 NLRB GCM LEXIS 33).

Labor Relations and Collective Bargaining

  • Successfully represented various employers in numerous labor arbitrations over contract interpretations and disciplinary actions, including: plant closing and successor employer claims; wage concession payback agreements; discharges of health care workers for misconduct, including patient abuse; discharges of employees for sexual harassment of coworkers; and discharges of employees for falsification of records and safety violations.
  • Conducted negotiations on behalf of various employers with the following labor organizations: American Federation of Musicians (AFM); Civil Service Employees Association (CSEA); Communications Workers of America (CWA); International Brotherhood of Teamsters (IBT); International Typographical Union (ITU); International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE); International Union of Operating Engineers (IUOE); International Union of Plant Protection Employees (IUPPE); National Education Association (NEA); New York State United Teachers (NYSUT); Paper, Allied Industrial, Chemical & Energy Workers International Union (PACE); Service Employees International Union (SEIU); United Automobile, Aerospace and Agricultural Implement Workers (UAW); United Food & Commercial Workers International (UFCW); United Paperworkers International Union (UPIU); and United Steelworkers of America (USWA).
  • Represented various employers in connection with numerous collective bargaining and litigation matters associated with strikes, lockouts and picketing
  • Cornell Law School, J.D., 1982
  • Cornell University, B.S., Industrial Labor Relations, 1976

Admissions:

Credentials:

  • Past Delegate, New York State Bar Association, House of Delegates
  • Past Member, Local Rules Committee, U.S. District Court for the Northern District of New York
  • Member, Northern District of New York Federal Court Bar Association
  • Member, American Bar Association, Labor and Employment Law Section
  • Member, New York State Bar Association, Labor and Employment Law Section
  • Member, Business Council of New York State, Labor & Human Resources Committee
  • Past Member, Onondaga County Bar Association, Board of Directors
  • Past President, Past Vice President and Past Treasurer, Onondaga County Bar Association
  • Past Member, Onondaga Historical Association, Board of Directors

Honors & Recognitions:

  • Rated, Judicial AV Preeminent, Martindale-Hubbell
  • Selected, The Best Lawyers in America (2019-2022)
  • Selected, 2022 Best Lawyers “Lawyer of the Year” Litigation – Labor and Employment in Syracuse
  • Selected, New York – Upstate, Super Lawyers (2011-2021)
  • Fellow, American Bar Foundation
  • Fellow, New York Bar Foundation

News


Publications

United States Court of Appeals

  • Gallegos v. Tompkins Consolidated Area Transit, Inc., 785 Fed. Appx. 16 (U.S. Court of Appeals, Second Circuit, 2019)
  • Smith et. al. v. New Venture Gear, Inc. and DaimlerChrysler Corp., 320 Fed. Appx. 33, 2009 U.S. App. LEXIS 5991; 319 Fed. Appx. 52, 2009 U.S. App. LEXIS 4950 (U.S. Court of Appeals, Second Circuit 2009)
  • Carter v. New Venture Gear, Inc. and DaimlerChrysler Corp., 310 Fed. Appx. 454, 2009 U.S. App. LEXIS 3237
  • Dunbar v. MSK Corp.-Main Event Food Service, 84 Fed. Appx. 115 (U.S. Court of Appeals, Second Circuit 2003)
  • U.A.W. v. R.E. Dietz Co. and Federal Mogul Corp., 2 F.3d 403 (U.S. Court of Appeals, Second Circuit 1993)
  • U.A.W. Local 33 v. R.E. Dietz Co., 996 F.2d 592 (U.S. Court of Appeals, Second Circuit 1993)

United States District Court

  • Cruz v. UAW Local 2300, 2019 WL 6840170 (U.S. District Court, Northern District of New York 2019)
  • McGuire-Welch v. The House of the Good Shephard, 2016 WL 6581286 (U.S. District Court, Northern District of New York 2016)
  • Walters v. MedBest Medical Management, Inc., 2015 WL 860759 (U.S. District Court, Northern District of New York 2015
  • Dottolo v. Byrne Dairy, Inc., 2010 WL 2560551 (U.S. District Court, Northern District of New York)
  • Bishop v. New Process Gear, Inc., 2009 U.S. Dist. LEXIS 107545 (U.S. District Court, Northern District of New York 2009)
  • Ferguson v. New Venture Gear, Inc. and DaimlerChrysler Corp., 2009 U.S. Dist. LEXIS 7811 (U.S. District Court, Northern District of New York 2008)
  • Smith v. New Venture Gear, Inc. and DaimlerChrysler Corp., 2008 U.S. Dist. LEXIS 4468, 2007 U.S. Dist. LEXIS 72945 (U.S. District Court, Northern District of New York 2008)
  • Carter v. New Venture Gear, Inc. and DaimlerChrysler Corp., 2007 U.S. Dist. LEXIS 71695 (U.S. District Court, Northern District of New York 2007)
  • Jones v. DaimlerChrysler Corp., 2006 U.S. Dist. LEXIS 44036 (U.S. District Court, Northern District of New York 2000)
  • Morris v. Loretto, 02-CV-1017 (U.S. District Court, Northern District of New York 2004)
  • Bright v. Le Moyne College, 306 F. Supp. 2d 244 (U.S. District Court, Northern District of New York 2004)
  • Baum v. Village of Chittenango, 218 F.R.D. 36 (U.S. District Court, Northern District of New York 2003)
  • McKinney v. New Process Gear, 2000 U.S. Dist. LEXIS 9787 (U.S. District Court, Northern District of New York 2000)
  • Schwenn v. Anheuser-Busch, Inc., 1998 U.S. Dist. LEXIS 5027 (U.S. District Court, Northern District of New York 1998)
  • Harten v. New Venture Gear, Inc. and U.A.W. Local 624, 1997 U.S. Dist. LEXIS 11774 (U.S. District Court, Northern District of New York 1997)
  • Boyer v. Anheuser-Busch, Inc., Anheuser-Busch Beverage Group, Inc., Saratoga Mineral Water and Maness, 1989 U.S. Dist. LEXIS 15510 (U.S. District Court, Northern District of New York 1989)