| Practice Description: |
Howard L. Mocerf practices in the area of employment and labor law, concentrating on unfair labor practice matters under the National Labor Relations Act, collective bargaining, labor arbitration, employment discrimination, wage-hour, OSHA, trade secrets and non-compete agreements and other federal and state statutory and common law employment law areas. He also assists clients in writing and developing employee handbooks, affirmative action plans, harassment policies, substance abuse policies, family and medical leave policies, e-mail and Internet use policies and other employment policies.
Before entering private practice, Mr. Mocerf was an attorney with the National Labor Relations Board. A former chairman of the Office of Federal Contract Compliance Program Liaison Group of the Chicago Association of Commerce and Industry, he is admitted to practice in Illinois, Kentucky and the District of Columbia. Mr. Mocerf is a 1971 graduate of the University of Louisville School of Law and a graduate of Washington & Lee University.
Notable Cases and Results:
Counsel to a Chicago printing company in a reversal in the U.S. Court of Appeals for the Seventh Circuit of an NLRB bargaining order and underlying certification of a NLRB representative resulting from the exclusion in a union election of the deciding votes of three voters whom the NLRB found to be ineligible as statutory supervisors. The Court held that the voters were eligible "leadmen", voided the NLRB's bargaining order and directed the NLRB to open and count the sealed ballots of the three voters.
Counsel to a national distributor of electronic equipment in obtaining injunctive relief in the Circuit Court of Cook County, Illinois against the client's former marketing director for violating the Illinois Trade Secrets Act. Prior to the employee's resignation, he had e-mailed confidential marketing information to his home computer and from there to his new employer, a competitor. The competitor settled. The court ordered the information to be returned, enjoined the employee from working for 16 competitors for a year and ordered him to pay a substantial part of the client's legal fees and costs.
Counsel to a national entertainment company in its defense against the EEOC's attempt to obtain temporary injunctive relief in federal court on behalf of the client's corporate vice president of human resources pending trial on the merits of the vice president's claim that he had been discharged for leading a protected protest against the company's alleged discriminatory practices.
Successfully managed dozens of union avoidance campaigns for local and national clients engaged in a broad range of businesses. For example, managed a campaign in which a Teamster local union, which was seeking to organize one location of a national business, was defeated in an NLRB election by a ratio of 6 to 1.
Counsel to numerous national business and industry trade associations as amicus curia in several U.S. Supreme Court and federal Appeals Court cases. Included among them: Atlas Roofing Co. v. Occupational Safety and Health Review Commission, 430 U.S. 442; Franks v. Bowman Transportation Company, 424 U.S. 747; New Orleans Public Service, Inc. v. Brown, 507 F.2d 160 (5th Cir.); Watkins v. Steelworkers, 516 F.2d 41 (5th Cir.); Connell Construction Company v. Plumbers and Steamfitters Local Union No. 100, 421 U.S. 616; Corning Glass Works v. Brennan, 417 U.S. 188;
Linden Lumber Division, Summer & Co. v. NLRB , 419 U.S. 301; NLRB v. Sears, Roebuck & Co. , 421 U.S. 132.
Zimmerman Brush v. Fair Employment Practices Commission, 82 Ill.2d. 99, rev'd. 455 U.S. 422
Chady v. Solomon Schechter Day Schools 269 Ill.App.3d 31
District of Columbia
Supreme Court of the United States
Supreme Court of the United States
United States District Court for the Northern District of Illinois
United States Court of Appeals for the District of Columbia Circuit
United States Courts of Appeals for the Second, Fifth, Seventh, Eighth, Ninth and Eleventh Circuits
District of Columbia Court of Appeals
Supreme Court of Illinois
Supreme Court of Kentucky
Date of Birth: 1946
Law School: University of Louisville School of Law,J.D., 1971
Undergraduate School: Washington & Lee University
Bar/Professional Association Involvement:
American Bar Association
Labor and Employment Law Section
Illinois State Bar Association
The Chicago Bar Association
The District of Columbia Bar
Kentucky Bar Association
Chicago Association of Commerce and Industry
OFCCP Liaison Group, 1985