Cases
Experience: Representative Matters: Hemsworth v. Quotesmith.com, 2006 WL 644467 (N.D. Ill., E.D.). Obtained summary judgment for defendant in ADEA case
affirmed 476 F.3d 487, 2007 WL 416984 (7th Cir.)
NLRB v. A.M. Steigerwald Co. Inc., 631 F.2d 733 (7th Cir.) Represented a client in NLRB litigation
appeal of NLRB refusal to bargain order to challenge underlying NLRB certification of representative based on the NLRB's exclusion of the determinative votes in an NLRB election of three voters alleged to be ineligible as statutory supervisors.
Corning Glass Works v. Brennan, 417 U.S. 188. Represented a client as amicus curia in litigation involving whether a neutral seniority system violates the Equal Pay Act if it has the effect of perpetuating pre-Act pay disparities between former male
female departments.
Linden Lumber Division, Sumner & Co. v. NLRB, 419 U.S. 301. Represented a client as amicus curia in litigation involving whether employers are free under the NLRA to reject unions' proffers of evidence of majority status
require unions to file petitions for NLRB representation elections.
Vocca v. Playboy Hotel of Chicago. Inc ., 686 F. 2d 605 (7th Cir.) Represented a client in an action by plaintiff to recover attorneys' fees in ADEA case,
appeal of district court's denial of fees. Denial of fees affirmed on appeal.
Halas v. Consumer Services, Inc ., 16 F. 3d 161 (7th Cir.). Obtained dismissal of an ADEA action for plaintiff's failure to comply with discovery,
appeal of dismissal. Dismissal affirmed on appeal.
Mathis v. Southwest Partners d/b/a/ William Buick, 1998 WL 774827 (N.D. Ill., ED.). Obtained dismissal of multiple claim employment discrimination suits due to plaintiff's misrepresentations on forma pauperis petition. Affirmed by the 7th Circuit, unpublished.
Gomolka v. Quotesmith.com, 2005 WL 264850 (N.D. Ill., E.D.). Obtained summary judgment for defendant in an ADEA case.
Cannella v. Anodyne Corporation, 1996 WL 680242 (N.D. Ill., E.D.). Represented a client in trial of FLSA overtime suit.
Consumer Plastics Corporation
United Paper Workers International Union Litchfield Local No. 473, 88 LA 208. Represented a client in a matter that resulted in the discharge of four employees for smoking marijuana on company premises, based on testimony of undercover agents.
Atlas Roofing Co. v. OSHRC, 430 U.S. 442. Represented a client as amicus curia in litigation involving whether administrative trial procedures of the OSH Act unconstitutionally deny employers the right to a trial by jury.
NLRB v. Sears, Roebuck
Co., 421 U.S. 132. Represented a client as amicus curia litigation involving whether NLRB general counsel appeals
advice memor
a may be obtained under the Freedom of Information Act.
Franks v. Bowman Transportation Company, 424 U.S. 747. Represented a client as amicus curia in litigation involving whether a neutral seniority system violates Title VII if it has the effect of perpetuating pre-Act discrimination.
Chady v. Solomon Schechter Day Schools, 269 Ill App.3d 31 (1st Dist. Appellate Court). Represented a client in litigation involving a suit by a former teacher for breach of contract, where the issue on appeal was whether teacher could obtain equitable remedy of reinstatement. Reinstatement denied.
Zimmerman Brush v. Illinois Fair Employment Practices Commission, 82 Ill. 2d 99. Represented a client in litigation involving original writ of prohibition in the Supreme Court of Illinois seeking to prohibit a state fair employment practices agency from proceeding where the agency failed to adhere to an alleged m
atory time limit. The Supreme Court of Illinois granted the writ. The Supreme Court of the United States reversed, 455 U.S. 422, after other counsel took over the matter.
Connell Construction Company v. Plumbers
Steamfitters Local Union 100, 421 U.S. 616. Represented a client as amicus curia in litigation involving the application of the anti-trust laws to site work subcontracting agreements in the construction industry.
SEIU Healthcare Illinois
Indiana
Sherwin Manor Nursing Center, FMCS No. 101014-50394-A. Obtained an arbitration decision that dismissed a grievance, on procedural grounds, that a union had filed against a nursing home on behalf of an employee/union steward that the nursing home had discharged.
Acted as counsel to a national distributor of electronic equipment in obtaining injunctive relief against the client's former marketing director for violating the Illinois Trade Secrets Act in the Circuit Court of Cook County, Illinois. Prior to the employee's resignation, he had e-mailed confidential marketing information to his home computer
from there to his new employer, a competitor. The competitor settled. The court ordered the information to be returned, ordered him to pay a substantial part of the client's legal fees
costs,
enjoined the employee from working for 16 competitors for one year.
Acted as counsel to a textile manufacturer in a bench trial in a suit brought by a former employee alleging that he had been constructively discharged
discriminated against in the terms
conditions of his employment because of his race in the U.S. District Court for the Middle District of Alabama. The court entered judgment for the employer.
Acted as counsel in FLSA litigation for a national linen service in a U.S. Labor Department investigation
obtained opinion from the Department's Chicago Area Wage-Hour Administrator that a route supervisor at one of the employer's locations was an executive employee who was exempt from the payment of overtime under the FLSA. Resulted in the opinion letter served to prevent efforts to obtain non-exempt status by or on behalf of such employees at the employer's other locations around the country.
Amalgamated Service
Allied Industries Joint Board, ACTWU v. NLRB, 815 F. 2d 225 (2nd Cir.) Represented a client in NLRB litigation
appeal of NLRB refusal to bargain order to challenge underlying NLRB certification of representative based on conduct by the union's observers during the NLRB election.
Acted as counsel to a national entertainment company in its defense against the EEOC's attempt to obtain temporary injunctive relief 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 in the U.S. District Court for the Northern District of Illinois, Eastern Division. The court denied the EEOC's motion to require the client to reinstate the employee pending trial on the underlying merits of his discharge claim.
Obtained summary judgment in favor of a vocational services organization in a suit alleging that the organization, along with the State Police of Illinois, had engaged in racial discrimination because the police had refused to grant the plaintiff access to state police headquarters for vocational training due to his criminal record. Davis v. Jewish Vocational Service
Illinois State Police, 2010 U.S. Dist. LEXIS 26789 (N.D. Ill.)
appeal dismissed, unpublished 7th Circuit decision.
Acted as a member of trial team that obtained a jury verdict after a two-week jury trial for a regional bank in a suit brought by a former senior officer who alleged that he had been discharged from employment because of his race.
The above representations were h
led by Mr. Mocerf prior to his joining Greenberg Traurig, LLP .
Noteworthy Experience: Arbitrator, American Arbitration Association, 2010
Panel Member, Employment Disputes
Attorney, National Labor Relations Board, 1971-1973
