MARK H. FLOYD

*** ******* *** ****

Nashville, Tennessee 37205

615-***-****

abi87i@r.postjobfree.com

WORK EXPERIENCE

A. IN-HOUSE

1. Corrections Corporation of America (Nashville, Tennessee)

Managing Director – Employee Relations / HR manager (Corporate Offices) (2010 –

present)

Managing Director –Employee Relations (2008 – present)

Senior Director – Employee Relations (2007 – 2008)

CCA is a private corrections management company. Based in Nashville, Tennessee, CCA operates

more than 60 prisons, jails and detention facilities in 19 states overseeing more than 80,000

inmates/detainees for the federal and state governments. CCA employees 17,000 working in security,

academic and vocational education, health services, inmate programs, maintenance, food services,

management and administration. As a member of both the HR and Legal departments, I work

extensively with corporate and field human resource personnel on full range of labor and employment

issues. In addition, I support development and execution of company strategic goals and objectives in

labor and employee related matters.

Traditional Labor: Primary responsibility is for the development and implementation of the

Company’s labor policy. This responsibility has included, but not been limited to, the

following:

• Reduced Company’s union represented facilities by 50% over two year period,

percentage of represented employees now approximately 5%

• Internalized and primary responsibility for representation elections

• Internalized and primary responsibility for collective bargaining negotiations

• Internalized and primary responsibility for contract related arbitration hearings and

post-hearing briefs

• Standardized collective bargaining management language

• Develop, implement, and provide on-site supervisor training on managing under a

collective bargaining agreement as well as positive employee relations/union avoidance

training

• Internalized and primary responsibility for NLRB ULP charges and hearings

• Select and actively manage outside counsel legal representation as needed

• Functional head of a cross-department corporate campaign preparedness and response

committee

• Development and implementation of Company’s EFCA preparedness programs

• Provide subject matter legal advice internal executive level management to field level

personnel

• Serve in "persuader" capacity in meeting with non-exempt personnel targeted in union

organizing campaigns

• Research, draft, and advise as to the administration of contracts, grievances, arbitration

disputes

Strategic Planning/Employee Relations: Advise and counsel human resource personnel, field

as well as corporate management on wide range of organizational development, employee

relations, compensation and benefits, administration and compliance matters. Provide

leadership in our Human Resources initiatives including development, training, implementation

and monitoring of our Human Resource policies, practices, and programs . This responsibility

has included, but not been limited to, the following:

• Develop, train, implement, and oversee internal ADR and peer review program

• Develop uniform “for cause” disciplinary standard and standardized disciplinary due

process

• WARN and other employee relations compliance issues

• Leadership in alternative workplace change initiatives in confronting recent economic

pressures and workplace/staffing issues

• Design, develop, implement, and monitor of pilot Education First community outreach

program including interaction with community leaders and stakeholders regarding the

program initiatives

• Member of Charitable Contributions/Community Outreach steering committee

• Member of strategic growth and development committee

• Responsible for CCA Critical Incident Stress Management team, expanded team in

terms of membership numbers, as well as scope of responsibility, develop and

implement proactive employee training on coping skills and conflict management

Training and Talent Development:

• Develop and conduct some 50 in-field management employee relations training

• Leadership and positive employee relations trainer for corporate Foundations programs

(program for senior management)

• Contributing designer, developer, and trainer in Warden and HR Manager on-boarding

programs

• Serve as a labor, employee relations, human resource subject matter expert at the

Warden’s conferences and Business Unit management meetings

• Lead TEAM initiative (training and organizational development on Process Excellence

and Project Team approach)

• Staffing and organizational internal development and e-learning training programs

design, development, and implementation

• Design, develop, implement, and monitor pilot leadership training initiative for target

non-exempt hourly employees as a means to build emotional ownership in and

engagement with CCA and their local facility

• Design, develop, implement, and monitor pilot initiative for leadership training program

for front line supervisors as a means to introduce and build core fundamental needs in

the transition from non-exempt employee to the role of manager/supervisor

2. Browning-Ferris Industries (Houston, Texas)

Assistant General Counsel – Labor/Employment/Human Resources (1996 – 2000)

BFI was a Fortune 100 waste services and management corporation based in Houston, Texas with

40,000 plus employees and 450 locations in the continental United States, Hawaii, Canada, and Puerto

Rico. As Assistant General Counsel, I was charged with the responsibility of initiating, developing,

and implementing the corporation's labor and employee relations objectives, training, and strategies.

Also, I had overall management of department’s six attorneys, two paralegals, an Affirmative Action

Officer, and two legal secretaries. In addition, I had budgetary responsibility for department (including

development, implementation, and conformity) for all employee/labor relations activities, programs,

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legal and compliance activities, and personnel. I served as Company spokesperson with media as well

as community and political leaders in litigation and crisis management situations related to employee

and labor matters.

Traditional Labor: Responsible for developing and implementing a national strategy of union

avoidance and positive employee relations that in a three-year period, reduced the number of

union elections by 65% (prior to my arrival, BFI had been averaging 3 elections per month) and

reduced the overall percentage of BFI’s union represented workforce from 16% to 12%.

• Develop and implement subject matter management training

• Union avoidance policy development and implementation

• Union organizing rapid response plan and teams

• Pro-active election campaigns

• Develop and implement corporation’s response to the coordinated Teamster national

corporate campaign

• Conduct labor contract negotiations for BFI’s some 75 collective bargaining agreements

through US, Puerto Rico, and Canada moving to a standardization of contract language

and objectives that reflected the need to regain management flexibility

• Initiate and implement a national strike replace team; successfully managed strike

situations that arose, not only in terms of the outcome for the Company but also in

terms of the community relations and political exposure related to the job action

• Manage and supervise all NLRB litigation as well as NLRB elections

• Day-to-day counseling with field managers concerning questions arising under

collective bargaining agreements as well as representing management in labor

arbitrations arising under such agreements

Employment Area: Responsible for all compliance issues, training and policy development in

all areas of employment law; represented the Company and managed all employment related

litigation (single and multi-plaintiff as well as class action) at the agency/administrative as well

as federal and state court trial and appellate levels throughout the United States, Puerto Rico,

and Canada.

• Selection and management of outside, developed and implemented management and

cost control procedures with outside counsel through the use of fix ed fees, flat rate

project fees, and reporting/oversight procedures that not only reduced outside counsel

cost but also improved case oversight, increased the quality of service, improved the

outcome for the internal client, and allowed for enhanced partnership relations with

outside counsel.

• Internalize all EEOC matters, in terms of preventive policies, training, and the handling,

investigating, and responding to charges

• Internalize all affirmative action related programs such as training, compliance audits,

plan development were done in-house and done under my direction and supervision.

• Responsible for compensation and benefit compliance, and audits, including litigation

arising out of or related to such policies or programs

• Oversee DOL/FLSA wage and hour audits, investigations, compliance related measures

Strategic Planning: Provide leadership in our Human Resources initiatives including

development, training, implementation, and monitoring of our Human Resource policies,

practices, and programs for our facilities in the United States, Puerto Rico, and Canada. For

example, on joining BFI, our personnel policies, benefits, wage rates, affirmative action

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compliance programs, if they existed, were largely decentralized and the responsibility of the

local facility or market/region. My responsibilities included, but were not limited to, the

following:

• Initiated and provided oversight of and direction to our human resource personnel in the

standardization of key employee related programs, policies, and benefit plans and levels

as well as centralizing all compliance efforts, training, and oversight

• Developed and issued standardized employee handbooks for both the United States as

well as Canadian operations

• Initiated non-compete agreements for our national management and business

development teams (successful in the enforcement of these agreements in each and

every instance they were challenged)

• Developed uniform work rules and due process procedures and, at the time BFI was

sold, had an alternative dispute resolution program under development

• Part of team in development and execution of two significant downsizing and

restructuring strategy including, selection process, timing, communications, as well as

WARN and state law compliance

• Part of team in development and execution of change to retirement and benefit

programs.; developed communications and over all employee relations strategy related

to changes, responsible for legal compliance as well employee understanding for and

support of the program changes

In 2000, BFI was sold to Allied Waste and the BFI Corporate offices were closed. BFI’s in-house legal

department was eliminated with the purchase and consolidation of operations.

B. PRIVATE PRACTICE

Approximately 19 years of private practice exclusively devoted to providing strategic and transactional

support of and counsel to all levels of management in the full scope of labor and employment related

matters on national and international level.

The client based served includes public as well as private small to international companies in a wide

range of industry including, but not limited to: retail, publishing, waste/environmental services,

transportation, manufacturing, corrections, food service/restaurant, health care, construction, off shore

oil exploration, and automotive.

The practice areas experience includes:

• Single plaintiff and class action litigation at the trial and appellate level in federal and state

court as well as agency hearings on matters such as wrongful termination, breach of contract,

benefit/ERISA, Title IX, employment discrimination, sexual/racial harassment, and wage and

hour;

• Business restructuring, mergers, acquisitions, closings, outsourcing, reorganizations;

• Advice and counsel regarding employment and labor law compliance, pro-active preventative

HR/Labor/litigation avoidance audits, counsel, policy development, training;

• OFCCP related work, affirmative action plans, desk and field audits, litigation, and training;

and,

• Full scope of labor related practice, NLRB proceedings, elections (certification, decertification,

deauthorization, accretion), negotiations, strike planning and management, arbitrations, Section

301 federal court litigation.

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Miller & Martin (Nashville, Tennessee) (2005–2007) Of Counsel/Labor and Employment

Avant Resources (Nashville, Tennessee) (2003-2006) Co-founder and managing partner

human resource and labor relations consulting/publishing/training firm; worked with and

advised a national client base on the full range of issues arising out of and related to the human

resource, labor, and employee relations subject areas.

Jackson Lewis (Atlanta, Georgia) (2000-2003) Of Counsel at one of the largest law firms in

the United States whose practice is exclusively devoted to the representation of management in

labor and employment-related legal issues.

Floyd & Bryant (Nashville, TN) (1991-1996) Founder and managing partner of four-attorney

labor and employment law firm.

Paul, Hasting, Janofsky & Walker (Los Angeles, California) (1988-1990) Senior

Associate/Labor and Employment.

Baker Worthington (Nashville, TN) (1986-1988) Senior Associate/Labor and Employment

hired to start, develop, and manage the firm’s employment practice; building it to a four

attorney practice in one year.

King & Ballow (Nashville, Tennessee) (1983-1986) Associate/Labor and Employment.

PUBLICATIONS

• "Union Organizing Of Temporary Employees Subject To New Standards," Tennessee Bar

Journal, January, 2001.

• "Employee Investigations - Representation Rights Expanded to Nonunion Employees, "

Tennessee Bar Journal, October, 2000.

• "AIDS: Response by Employers Limited by Legislation and Case Law," Benefits Law Journal,

Autumn 1989.

• "AIDS: Employer Liability Beyond Statutory Limitations," Benefits Law Journal, Winter

1989/1990.

• Textual course material for the Federal Publications Course, "Litigating Wrongful Discharge &

Other Employment Cases."

• Founder of The California Labor Letter, a monthly publication for California employers and

attorneys reporting on developments in labor and human resources as well as tracking federal

and state employment-related legislation. Served as the Labor Letter's publisher and co-writer

(1988-1990).

• Co-founder, publisher and contributor for Avant Resources’ 12 weekly and bi-weekly e-

newsletters (including, among others, Human Resources Watch, Teamsters Watch, AFSCME

Watch, SEIU Watch, UFCW Watch). (2003-2006).

PROFESSIONAL CERTIFICATIONS

• SPHR (Senior Professional Human Resources – SHRM/Human Resources Certification

Institute)

• SPHR/CA – sit for certification test December 2010

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PROFESSIONAL ASSOCIATIONS

• CUE, Inc., a national organization for positive employee relations, member national program

committee (2008, 2009, 2010)

• Society of Human Resource Management (SHRM)

• Tennessee Bar Association (Labor/Employment group)

• California Bar Association (Labor/Employment group)

• American Bar Association (Labor/Employment group)

BAR ADMISSIONS

• California, Tennessee, and Texas (inactive)

• United States Supreme Court, the U.S. Court of Appeals 3rd, 6th, 7th, 9th, and 11th Circuits

• Supreme Courts of California, Tennessee, and Texas

EDUCATION

• BS. Middle Tennessee State University (1980)(with honors)

• J.D. University of Tennessee College of Law (1983)

• M.S. Human Resource Development, Villanova University (2012 Candidate)(design projects

have included executive compensation programs as well as total reward strategy alignment and

design)

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