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 Immediate Past President of the Onondaga County Bar Association, a Delegate to the New York State Bar Association House of Delegates, and a 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.
- 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 defended various employers in more than 100 employment discrimination and retaliation claims filed in federal and state courts, and before administrative agencies.
- Successfully defended an OFCCP audit which had made a $2 million assessment against an employer with federal contracts for alleged disparities in hiring of female employees, following a statistical analysis of hiring practices.
- Successfully defended a Section 10(j) injunction petition brought by the NLRB to the point of withdrawal with prejudice and the 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).
- Successfully defended an OSHA complaint for various alleged repetitive motion injuries under the Section 5(a) general duty clause to the point of withdrawal with prejudice by OSHA.
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.
- Negotiated wholesale revisions to collective bargaining agreements, including outsourcing rights and reduction of 34 job classifications into two classifications, with corresponding changes to seniority, transfer and layoff language.
- Represented various employers in numerous union campaigns, elections and decertification proceedings before the NLRB, including proceedings involving UAW, IBT, IUPPE, UPIU, SEIU and IUOE.