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National Labor Relations Board v. Noel Canning: What are the Practical Implications of the Supreme Court's Holding?


Speaker(s): G. Roger King, Zachary D. Fasman
Recorded on: Jul. 11, 2014
PLI Program #: 60172

Zach Fasman is a nationally recognized labor and employment lawyer who has shifted roles—from advocate to neutral. Zach participated in hundreds of mediations as an advocate and has trained as a mediator at the Straus Institute for Dispute Resolution at Pepperdine Law School, at the New York City Bar Association, the New York Peace Institute and the National Employment Law Institute. He mediates disputes in this field as well as commercial and community disputes.

Zach brings to the neutral role extensive experience and knowledge of labor and employment law gained through a lengthy career in this field. He began his career as a traditional labor lawyer at Seyfarth Shaw in Chicago, negotiating labor contracts and trying arbitration cases. He has extensive experience in labor arbitration, having tried hundreds of arbitrations and handled scores of arbitration related cases in the courts, including the issue of class action procedures in labor arbitration. He also has extensive experience before the National Labor Relations Board and has litigated many complex labor cases in the courts on issues including federal preemption, successorship, civil RICO and labor-antitrust law. His career included two successful arguments before the United States Supreme Court, Golden State Transit Corp. v City of Los Angeles, 475 U.S. 608 (1986) and Golden State Transit Corp. v City of Los Angeles, 493 U.S. 103 (1989). He also has written numerous amicus curiae briefs to the Supreme Court on labor and employment law issues.

Zach has extensive experience in employment discrimination law, having served as national Co-Chair of the employment discrimination law practice while at Paul Hastings, where he was a partner for many years. Zach has litigated hundreds of employment law cases ranging from nationwide class actions to jury trials of individual discrimination claims. He has testified on many occasions before the U.S. Congress and the EEOC on labor and employment law issues and worked extensively with Congress and the White House on the Americans with Disabilities and the Civil Rights Act of 1991.

Zach devoted his practice exclusively to labor and employment law. He has been recognized as a leading practitioner for many years. He has repeatedly earned a "Band One" ranking in Chambers USA and Chambers Global (recently became a “Senior Statesman”) and is a long-time Fellow of the College of Labor and Employment Lawyers. He continues to teach employment law to members of the federal judiciary through the Federal Judicial Center and New York University Law School and has been a guest lecturer at various law schools on topics including appellate advocacy, employment discrimination, labor law, and legal ethics. He has published many articles in the New York Law Journal and has written three books on labor and employment law.


Roger King served in the Judge Advocate General Corps of the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.

Roger serves as labor counsel to the HR Policy Association and the Ohio Hospital Association. He has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council. Roger is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues, both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association, the American Hospital Association (AHA), and the Coalition for a Democratic Workplace in federal courts on a number of labor law issues, including representing the U.S. Chamber of Commerce in the case of NLRB v. Noel Canning Corporation, challenging President Obama’s recess appointments to the National Labor Relations Board.

Other clients that Roger has represented include: Cleveland Clinic Foundation, MedStar Health System, Trinity Health, National Beef, General Cable Corporation, Orlando Health, ProMedica, Premier Health System, Cedar Sinai Medical Center, Yale New Haven Health System, McLaren Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Memorial Hospital, Benefis Health System, and Community Health System.

Education

Cornell University (J.D. 1971); Miami University (B.S. 1968)

Bar Admissions

Ohio and District of Columbia

Government Service

Professional Staff Counsel, U.S. Senate Committee on Labor (1973-1975); First Lieutenant, U.S. Air Force, Judge Advocates General Division (1972-1973); Labor Relations Counsel to U.S. Senator Robert Taft Jr. (1971-1973)

Experience Highlights

Noel Canning victorious as U.S. Supreme Court unanimously rules to invalidate President Obama's 2012 recess appointments to NLRB

HR Policy Association, Society for Human Resource Management, and National Association of Manufacturers file amicus brief

Society for Human Resources Management files amicus brief in case before NLRB

Areas of Focus

  • Labor & Employment
  • Health Care
  • Collective Bargaining, Contract Enforcement & Union Organizing
  • Employment Aspects of Corporate Transactions

Honors & Distinctions

  • Repeatedly recognized by: Chambers USA: America's Leading Lawyers for Business, the NLJ's "Who's Who of Employment/Labor Lawyers," Ohio Super Lawyers, The Legal 500, and for the past 20 years, The Best Lawyers in America