Registered Nurse Home Health

D. JAMES PETROFF, ESQ.

***** ******* ****, # ****

Avon, Ohio 44011

Phone: 440-***-****

Email: abn7qs@r.postjobfree.com

Ohio State Bar Association, Certified Specialist in Labor and Employment Law.

LEGAL EMPLOYMENT

Twenty years of extensive practice experience in all aspects of collective

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bargaining and traditional labor law matters for a variety of private sector,

public sector, federal sector, and Railway Labor Act unions on a national

basis. Representation in state and federal court trial and appellate

proceedings, labor board unfair labor practice proceedings, administrative

hearings, arbitration, organizing and election proceedings, civil rights

litigation, public sector and constitutional litigation, and other labor and

employment matters.

Faulkner, Hoffman & Phillips, LLC, Labor and Employee Benefits Lawyer, June

2004 –.

• Extensive first chair experience in labor negotiations on local and national

collective bargaining matters.

• First chair experience on high profile labor, employment and employee

benefit litigation matters in the federal and state trial and appellate courts,

including the prosecution and defense of class actions.

• Successfully tried dozens of labor arbitrations on a statewide and national

basis.

• Obtained a $400,000 labor arbitration award for twenty-five workers, the

largest ever for the union.

• First chair experience on dozens of organizing campaigns and unfair labor

practice hearings and trials.

• Chief counsel for a local union on a multi-state strike involving over a

thousand workers.

• Trial counsel on multiple ERISA actions including the successful defense

of a pension fund against millions of dollars in benefit claims.

• Successful appellate advocacy on every case at the Sixth Circuit Court of

Appeals and state appeals court cases.

• Uniformly successful at defending unions on employment law claims.

Logothetis, Pence & Doll, Labor Lawyer, September 2000 to May 2004.

Trial counsel on a state court class action insurance dispute involving

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three separate unions and several hundred union and nonunion

municipal employees for insurance proceeds worth approximately

$1,000,000.

Board counsel on unfair labor practice proceeding contesting over

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$16,000,000 of employee benefit payments.

Trial counsel in a successful injunction action against the Ohio

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Department of Education and a municipal school district, challenging

administrative rules under the public sector Ohio Collective Bargaining

Law and Ohio Constitution.

Board counsel obtaining a $225,000 settlement of an unfair labor practice

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charge against a Northeastern Ohio manufacturing concern for ten

discharged discriminatees.

Lead appellate counsel handling a successful mass unemployment appeal

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resulting from a statewide strike involving several hundred claimants in

five different counties in Ohio, five separate appellate cases, and a

mandamus action in the Supreme Court of Ohio, all of which provided

nearly $100,000 in back pay to workers.

Arbitration attorney on approximately fifty successful arbitration cases.

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Amassed an eighty-five percent win rate on Teamster arbitrations at

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various locals throughout Ohio.

Board counsel on twenty separate union election campaigns and

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representation hearings, including representation and objections hearings,

appeals, certifications, decertifications, unit clarifications and other such

matters.

Board counsel on twenty-five CA and CB unfair labor practices including

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investigation, complaint filing, defense, hearing, settlement, and

compliance.

Lead counsel on a month-long strike in Youngstown, Ohio for over 800

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nurses at a major hospital, involving a successful court injunction and

related NLRB proceedings.

Trial attorney on a successful FOP state court mandamus action for officer

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vacation pay provided by statute.

Negotiator of labor agreement of national food service trucking firm in

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Cincinnati Ohio as well as numerous mid-term agreements at various

trucking firms.

Local trial co-counsel for federal sector union lawsuit over discharge of

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Transportation Security Administration airport security screener union

organizers.

Extensive research and writing including briefs, motions, pleadings,

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administrative agency charges, settlement agreements, and legal

memoranda.

Supervision of subordinate professional and support staff.

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Ohio Nurses Association, Labor Relations Attorney, June 1994 to September

2000.

Represented professional registered nurses in all aspects of collective

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bargaining matters on a statewide basis in major acute care hospitals,

HMOs, home health agencies, and health departments. Six years of

experience in labor negotiations, unfair labor practice proceedings,

administrative hearings, arbitrations, strikes, organizing, alternative

dispute resolution, interest-based bargaining, and other labor and

employment matters.

Chief arbitration attorney for the association, 1995 – 2000, with continued

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representation to date as outside counsel.

Arbitration attorney on several hundred successful arbitration cases.

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Amassed an eighty-five percent win rate in contract arbitration involving

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nearly thirty separate bargaining units.

Won the largest arbitration award in the forty-year history of the state

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nurses association union against a major Cincinnati hospital - a class

action wage dispute involving over 100 claimants which provided several

hundred thousand dollars in back pay and benefits and totaled in excess

of $1,000,000.00 over the term of the contract.

Won the second largest award seeking to establish the first professional

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union staff nurse Lactation Services Unit in Ohio staffed exclusively by

RNs.

Won the largest individual back pay award ever in a discipline case

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involving a nurse fired three times by the same hospital, ultimately

securing her reinstatement, back seniority and over $100,000 worth of

compensation.

Served as chief negotiator of labor agreements on major, acute-care

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hospitals, home health agencies, HMOs, and health departments in both

the private and public sectors.

Represented ONA on OSHA needle-stick safety complaint during

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compliance proceedings before the OSHA Regional Director in Cincinnati,

Ohio.

In-house representation on numerous SERB and NLRB unfair labor

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practice charges and proceedings.

Assisted in the development of a nationwide computer database on

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registered nurse collective bargaining in Washington D.C. for the

American Nurses Association in 1999.

Chair, ONA Committee on Nurse Entrepreneurs, providing legal

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education and programs for developing and established nurse-owned

businesses.

Frequent contributor to the Ohio Nurses Review, the official publication

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of the Ohio Nurses Association, including labor law-related articles.

PRESENTATIONS

Frequent lecturer and author on collective bargaining and employment

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law topics at both the state and national level including:

Presentation, “Successor Clauses that Protect Collective Bargaining

Rights” (1998), presented to ONA Local Unit Assembly at ONA

Columbus, Ohio headquarters.

Presentation, “The Batman Project: The Privatization of the University

Hospital of Cincinnati” (1999), presented at the annual Chicago Midwest

Health Care Union Seminar sponsored by Michigan State University in

Chicago, Illinois.

Presentation, “Legal Accountability in Oncology Nursing in Ohio” (2001),

sponsored by the Cleveland Clinic Foundation and presented to the

Oncology Nurses Society in Cleveland, Ohio at the Taussig Cancer Center.

Presentation, “Workplace Privacy in the Information Age,” AFL –CIO,

2006, Cleveland, Ohio.

Presentation, “Arbitration of Claims Arising Out of Employment,”

National Business Institute Seminar, 2007, Cleveland Ohio.

Presentation, Workplace Privacy Panel, AFL CIO Lawyers Coordinating

Committee, 2009, Miami, Florida.

Presentation, Ethics of Employment Law Practice: The Basics,” National

Business Institute, 2009, Cleveland, Ohio.

Adjunct Professor, Labor Law, Cleveland State University School of Law,

“Economic Weapons of Labor: Strikes, Picketing and Lockouts,” 2009.

Presentation, “Flirting with Disaster: Sexual Harassment and the Union

Contract,” Teamsters Joint Council No. 41, Cleveland, Ohio, 2009.

Presentation, “Advanced Employment Law: Working Through Common

Problems,” National Business Institute Seminar, 2010, Cleveland Ohio.

Presentation, Social Media in the Workplace, International Brotherhood of

Teamsters, Calgary, Alberta, Canada, 2012.

Presentation, Social Media and the NLRB, International Brotherhood of

Teamsters, Teamsters Lawyers Conference, San Francisco, California, 2012.

JUDICIAL CLERKSHIP

Ohio Tenth District Court of Appeals, Judicial Clerk to the Hon. Charles R.

Petree and the Hon. Archer E. Reilly, June 1989-June 1994.

Assisted in the preparation of hundreds of appellate opinions covering all

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aspects of civil and criminal jurisdiction and frequently involving complex

litigation and employment law matters.

Assisted in the handling and preparation of hundreds of workers

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compensation mandamus actions reviewing orders of the Industrial

Commission of Ohio on significant cutting edge issues in workers

compensation law.

Inside counsel for the Appeals Court in Injunction Pending Appeal Writ of

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Prohibition proceeding in the Ohio Supreme Court involving the Ohio Office

of Collective Bargaining and the state employee bargaining unit.

BAR ADMISSION

Admitted in Ohio, 1989; Admitted in Federal Court, Southern District of Ohio,

1990, Northern District of Ohio, 2004. Sixth Circuit Court of Appeals, 2006.

PAST PROFESSIONAL AFFILIATIONS

American Bar Association; Ohio State Bar Association; Cleveland Metropolitan

Bar Association, Executive Committee, Labor and Employment Section, 2007

-2008. Columbus Bar Association; Dayton Bar Association; Ohio Academy of

Trial Lawyers; Columbus Bar Association, Young Lawyer’s Committee Advisory

Council: 1992-1994; AFL-CIO Lawyers Coordinating Committee, 2000-present;

ABA Labor & Employment Section, 2000-2006; DBA Labor & Employment

Section 2000-2004; ABA Law School Outreach Program Director: 2002-2003, AFL-

CIO Law School Outreach Coordinator; AFL-CIO.

Union President, Ohio Nurses Employees Association, 1996-1998.

Union Vice President, Ohio Nurses Employees Association, 1996.

LEGAL EDUCATION

The University of Dayton School of Law

Juris Doctor degree in May 1989, Magna Cum Laude.

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School of Law Scholarship.

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Appointed to Law Review, 1987-88 Term.

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Law Review Editor, 1988-89 Term.

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American Jurisprudence Awards: Torts, Creditors Rights and

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Securities Regulation.

Supreme Court of Ohio, Ohio Judicial College, Certificate of Attainment in

Appellate Law Clerk Practice, 1990.

Ohio Bar College, 1992, 1993, 1994.

UNDERGRADUATE EDUCATION

The Ohio State University

Bachelor of Arts in June 1986, major in Journalism, minor in Judicial

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Politics.

Grade Point Average: 3.6 on 4.0 scale.

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Varsity member, Ohio State University Speech & Debate Team, ranked

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5th in the nation.

Courts Reporter, The Ohio State University Lantern student

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newspaper.

Public Relations Intern: The Ohio Department of Aging.

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Contributing Author and Editor, Ohio Department of Aging statewide

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magazine, Ohio Aging, 1985.

PROFFESSIONAL LEGAL PUBLICATIONS

Note, Ohio’s New Products Liability Law, 14 U. Dayton L. Rev. 229 (1988).

New Topic Author, “Procedural Safeguards in Government Employee

Misconduct Investigations,” A. Ruben, Elkouri & Elkouri, How Arbitration

Works (Bureau of National Affairs 6th ed. 2003).

Contributing Author, Chapter 14, “Change in Bargaining Representative,” P.

Hardin, The Developing Labor Law (Bureau of National Affairs 2002-present),

Cumulative Supplements and Main Volume.

Board of Editors, Ohio State Bar Association “Specialist Series” in Labor and

Employment Law (2012-present).

SPECIAL AGENCIES

National Labor Relations Board; Ohio State Employment Relations Board;

Federal Labor Relations Authority; Ohio Board of Nursing; Ohio Department of

Insurance; Ohio Unemployment Compensation Review Commission; Cleveland

and Dayton, Ohio Municipal Civil Service Commissions; Equal Employment

Opportunity Commission and EEOC Office of Federal Operations; United States

Department of Labor; United States Merit System Protections Board, United

States Office of Special Counsel; United States Pension and Welfare Benefit

Administration; Occupational Safety and Health Administration; Federal Motor

Carrier Safety Administration.

REPRESENTATIVE CLIENTS

International Brotherhood of Teamsters; Ohio Conference Teamsters, General

Counsel representation; Ohio Nurses Association, statewide union

representation; various Teamster locals throughout Ohio; International

Longshoremen's Association; Utility Workers Union of America locals; American

Federation of Government Employees national and local unions; PACE; CWA;

Armco Employee Independent Federation; United Steelworkers of America;

United Food & Commercial Workers; Communication Workers of America;

Fraternal Order of Police, John C. Post Lodge 44 and other statewide police

unions; Montgomery County Sheriffs; International Association of Firefighters

locals; numerous individuals on employment claims, commercial litigation

matters, professional nurse, dentist and physician practice and license issues, and

business and professional matters.

REFERENCES AVAILABLE ON REQUEST

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