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VP, HR, Labor & Employment Practices

Location:
Westfield, IN
Posted:
May 11, 2016

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Original resume on Jobvertise

Resume:

DAVID B. FRIEDMAN, JD

**** ********* *********, ** ***** 201-***-****

acup91@r.postjobfree.com www.linkedin.com/in/davidfriedman4

HUMAN RESOURCES, LABOR & EMPLOYMENT COUNSEL

Labor & Employment Law Litigation Management Employment Policy and Practices Training

Strategic Human Resources and Compliance Leadership

Broad expertise in Labor/Employment Law and HR business partnership providing strategic guidance to Executive and Senior

management. Extensive experience optimizing employment practices focusing on continuous improvement. Global and HR

strategic acumen has resulted in being hand selected to handle complex labor situations and HR platforms. Legal background

has provided foundation for managing through labor and employee challenges, while reducing corporate risk and outside

counsel spend. Personal commitment to enhance employee engagement, propel staff satisfaction, retention and performance.

LEADERSHIP STRENGTHS & VALUE OFFERED

HR Process Reengineering Corporate & Governmental Compliance Labor/Employee Relations

Complex Litigation Management Investigations HR Training and Communication Best Practices Implementation

Strategic Negotiations Change Management Cost Containment M&A/Divestiture Leadership

PROFESSIONAL EXPERIENCE

NUKK-FREEMAN & CERRA, P.C. Chatham, NJ 2015-Present

Premier NJ Labor & Employment Law Firm

Senior Counsel

Recruited to serve as Senior Counsel and provide full spectrum of Labor & Employment Law counseling, representation and

training with an emphasis on compliance, risk mitigation, labor and employee relations, workforce planning, leave management,

reductions in force and proactive strategic Human Resources policy and best practices.

THE HERTZ CORPORATION Park Ridge, NJ 2002-2015

Industry leading Fortune 500 publicly traded rental car company with 40,000 employees worldwide.

Vice President, HR, Labor and Employment Practices (2008-2015)

Provided leadership of all North American labor and employment law litigation, labor relations, HR/employment practices, and

compliance functions, reporting to the Executive Vice President, Chief Administrative Officer. Managed a 17-member team of

direct reports with oversight of 100+ HR personnel across the companys North American corporate and operating divisions.

Labor/Employee Relations & Litigation Management:

Directed and managed internal and external teams handling litigation and representation for all North American

employment and labor-related matters; including class actions, single plaintiff matters, labor arbitrations and State and

Federal administrative hearings.

Maintained above an 85% success rate in all contested matters, as well as above a 75% success rate in union certification

and decertification elections surpassing the 50% national success rate.

Initiated and led proactive measures to cut YoY multimillion-dollar outside counsel spend approximately 8% on average

annually despite a growth-fueled rise in litigation.

Revamped union awareness/avoidance program during a period of increasing unionization activity, leading to record

election results and a success rate exceeding 75%. Set and manage North American labor relations strategy, including

negotiation, administration, and enforcement of 140+ collective bargaining agreements.

Achieved track record of bargaining results better than BNA-reported first-year average wage increases across all

industries along with non-wage productivity cost savings exceeding $750K in 2014.

Served as Co-Chair of two Regional Labor Management Boards of Adjustment, meeting bi-monthly to address and decide

variety of disputes resulting in reduced company spend of nearly $350k annually.

Negotiated critical national hands-off agreements with International Brotherhood of Teamsters for key acquisitions of

Advantage Rent A Car (ARAC) and Dollar Thrifty Automotive Group (DTAG), enabling seamless integration and

expansion of operational footprint.

Built and led internal/external legal team that argued a California-based wage and hour case before the U.S. Supreme Court

(Hertz v. Friend, et al., 130 S. Ct. 1181, 2010), resulting in a unanimous favorable decision in which the Court supported the

nerve center test for determining corporate citizenship.

HR Organizational/Process Design & Implementation:

Development and Implementation of new HR Practices Role: Subsequently adopted by other major corporations

dedicated to auditing HR operations countrywide, managing the companys Global Compliance hotline, conducting

vulnerability assessments, conducting union avoidance training and handling union election campaigns.

Early Retirement Program Roll-out: Led design, communication, legal review, and administration of 2 voluntary early

retirement programs that exited over 1,300 employees.

Organizational Restructure: Spearheaded design and execution of separation/severance process supporting significant and

ongoing rightsizing efforts since 2007 impacting 10K+ employees resulting in multi-million dollar savings, achieving a

challenge rate of less than 5% and zero adverse findings.

Change Management & Operations, Process and Policy Enhancement:

Assumed oversight of Global HR and Employment Practices during a dynamic period of enterprise-wide change in 2014,

including the departure of top leadership (CEO, CHRO, GC) and extensive acquisition/divestiture.

Achieved highest-ever HR staff satisfaction and performance ratings based on internal surveys.

Managed departmental budget to between 3% to 7% cost reduction YoY since 2011.

Maintained zero instances of voluntary staff turnoverin a corporate division with a 13% voluntary turnover rateamong

direct team that grew from 5 to 17 employees since 2008.

Led HR team in redesign and expansion of HR policies/procedures to achieve full regulatory compliance.

Introduced new global compliance hotline; redesigned investigation/reporting structure as a named best practice.

Select member of the corporate, four-person global HR Leadership Team; Executive Open Door Policy Committee; and

Corporate Compliance Committee.

Merger, Acquisition & Divestiture Leadership:

HR lead for 15 M&As and divestitures, including integration of $1.2B Dollar Thrifty Automotive Group, acquisition/sub-

divestiture of $225M Advantage Rent A Car, and in-progress spinoff of $1.4B Hertz equipment rental division.

Restructured and optimized HR field operations and labor relations organizational model following acquisition of $1.2B

DTAG and addition of nearly 6,000 employees, and led redesign of DTAGs HR impacting 90% of team.

Senior Staff Counsel, Labor & Employment Law (2002-2008): Recruited to represent company in all employment and

traditional labor-related contested matters and arbitration hearings for North American operations, as well as EEOC, NLRB and

state/federal administrative agency matters. Counseled and trained levels of management on all labor/employment issues. Managed

outside litigation counsel across the U.S. and Canada handling individual employment/class action claims; conducted variety of

internal investigations involving every level of the organization; supervised a paralegal and subsequently an attorney.

Achieved an outstanding 85% success rate in all contested matters while concurrently reducing outside counsel costs by

internally resolving employee issues across all levels of the organization.

Delivered legal guidance in negotiating, interpreting, and enforcing 140+ collective bargaining agreements; other areas of

focus included discrimination, ADA, EEO, FLSA, FMLA, NLRA, and state/federal discrimination/employment statutes.

Handpicked by CHRO as global HR lead on multidisciplinary team over 10-month companywide business process

improvement initiative focused on addressing inefficiencies/waste and introducing a metric/KPI driven approach.

GPU SERVICE, INC. (JERSEY CENTRAL POWER & LIGHT) Morristown, NJ 1999-2002

Industry leading publicly traded utility company with 4,000 employees.

Attorney

Counseled management on employment, labor, and corporate law, including discrimination, FMLA, contract interpretation, and

employee discipline for bargaining/non-bargaining unit employees. Investigated and addressed employee and administrative

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complaints. Drafted/updated HR policies/procedures, prepared executive retention/severance agreements, reorganization/separation

documents, and legal memoranda for senior management. Oversaw outside counsels handling of litigation.

Reduced litigation/outside counsel costs by preemptively addressing internal employee complaints/grievances.

Handled investigation, management, and representation for all facets of defense of administrative complaints before the

EEOC, the New Jersey Division on Civil Rights and the Department of Labor.

TEMCO SERVICE INDUSTRIES, INC. NEW YORK, NY 1998-1999

Publicly traded, New York-based facility services company with 10,000+ employees worldwide

Director of Labor & Employee Relations

Reporting to Division President, directed all labor and employee relations for union and non-union corporate and field

personnel. Advised executive leadership and management team on legal matters related to labor/employee relations, reported to

the Division President. Represented management at labor arbitrations involving disciplinary and contract interpretation issues.

Investigated and handled defenses to EEOC and Department of Human Rights employee complaints. Drafted employee

handbook for non-unionized personnel, and revised affirmative action plan.

Concurrently served as Interim HR Director for a six-month period following the abrupt departure of the incumbent;

oversaw the transition to a new employee medical plan.

Dramatically reduced outside counsel spend by introducing new processes to efficiently address/resolve issues internally.

BALK, OXFELD, MANDELL & COHEN NEWARK, NJ 1991-1998

Associate Attorney

Handled all facets of labor and employment law litigation, including discovery, trial work, and motion practice. Appeared in

federal, state and municipal courts, as well as administrative agencies and labor arbitrations. Prepared and presented labor

arbitrations in the private and public sector involving issues of contract interpretation and discipline, including discharge.

Regularly appeared at departmental and administrative level hearings. Developed new business with existing/new clients.

Argued cases before the Appellate Division of the New Jersey Superior Court, including several published decisions; tried

multiple cases in State Superior Court and municipal courts.

Appeared before the National Labor Relations Board and the Public Employment Relations Commission in unit

determination and unfair practice charge hearings.

EDUCATION & CREDENTIALS

Juris Doctor, THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL, Washington, DC (1990)

Bachelor of Arts in History, with Distinction, UNIVERSITY OF MICHIGAN, Ann Arbor, MI (1987)

Admitted to Practice: State of New Jersey / US District Court, New Jersey / US Court of Appeals, Third Circuit

PROFESSIONAL DEVELOPMENT

Executive Leadership Academy, Wharton School of Business (2012-2013)

One of 30 employees worldwide tapped to complete The Hertz Corporations inaugural class.

PROFESSIONAL MEMBERSHIPS

American Bar Association

New Jersey State Bar Association

US Labor and Employment Network

Society for Human Resource Management (SHRM)

SPEAKING ENGAGEMENTS

ACI Panelist: Wage & Hour Best Practices, San Francisco, CA

Employment Discrimination Litigation Best Practices, New York, NY

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