Phil Moss is Of Counsel in both the New England and Boston offices. He has practiced exclusively in the area of employment law and labor relations, representing management, since 1975. Phil's experience encompasses all facets of labor and employment law, including advice to employers on union election campaigns and preventive labor relations; defense of unfair labor practice charges, wrongful discharge suits, and complaints of discrimination on account of race, sex, age or disability; advice and representation of employers in OSHA investigations and defense of OSHA citations; prosecution of suits against unions for injunctive relief and damages under Sections 301 and 303 of the LMRA; and collective bargaining negotiations and grievance arbitration. He has successfully managed numerous NLRB representation cases for employers, including multi-state campaigns involving 1,000+ eligible voters. Phil is "AV" Peer Review Rated by Martindale-Hubbell and has been recognized in New England Super Lawyers since 2007. He has been listed in Chambers USA, America's Leading Business Lawyers since 2008 and in The Best Lawyers in America since 2008.
Experience
Representative Work
- Collective bargaining negotiations with the Teansters, Steelworkers, IBEW, UFCW and other unions. In one case, Phil renegotiated a union contract for an employer in Ohio that reduced the employer's costs by approximately $100,000 per year, and negotiated termination of a second union contract for this employer based on transfer of all the bargaining unit work to another location.
- For 35 years, the Maine Department of Labor held that drivers in interstate commerce were not entitled to overtime, based on an opinion issued by the office of the Maine Attorney General. When that opinion was shown to be wrong, a number of drivers sued to recover unpaid overtime. Phil persuaded the Maine Supreme Judicial Court that Maine's wage law did exclude interstate drivers from overtime, on the grounds that the Maine Legislature had acquiesced over the years in the state DOL's interpretation of the wage law. Thompson v. Shaw's Supermarkets, Inc., 2004 ME 63, 847 A.2d 406 (Me. 2004).
- Phil obtained awards requiring a plaintiff's attorney in Massachusetts to pay over $106,000 in costs and attorneys fees for bringing frivolous lawsuits against Phil's clients.
Reported Cases
Jones Motor Co. v. Teamsters, 671 F.2d 38 (1st Cir. 1982) (reversing the district court and ordering summary judgment for the company on issue of union's liability for wildcat strike)
Charves v. Western Union Telegraph Co., 711 F.2d 462 (1st Cir. 1983) (affirming award to Western Union of $25,000 in attorneys' fees for defense of frivolous claim of sexual discrmination and harassment)
Georgia-Pacific Corp. v. Local 27, Paperworkers, 864 F.2d 940 (1st Cir. 1988) (reversing the district court and entering judgment vacating arbitrator's award for exceeding his authority)
Thompson v. Shaw's Supermarkets, Inc., 2004 ME 63, 847 A.2d 406 (Me. 2004) (dismissing overtime claims on grounds that the Maine Legislature had demonstrated acquiescence in interpretation of Maine law that adopted the Motor Carrier Exemption under federal law)
Professional Activities
Member, Maine and American Bar Associations
News/Media
Newsletter Articles
Which Restroom? Employers Face Challenges With Gender Identity Issues
April 1, 2010
Presentations
Time to Rein In the NLRB
Maine Bar Journal
2000
Aroostook County Regional Ophthalmology Center v. National Labor Relations Board: The NLRB's Attempt To Expand The Definition Of "Protected Concerted Activities" Under The National Labor Relations Act
Maine Bar Journal
1997
"Jar Wars" or the Incredible Drug-Testing Mania: A Primer for Employers in Maine
Maine Lawyers' Review
1986
Legal Issues Arising in Mediation: The Boston Municipal Court Mediation Program
Massachusetts Law Review, Fall
1982
Maine Employers' Handbook on Compliance With the Americans With Disabilities Act
published by the Maine Chamber and Business Alliance
1997
Community
Member of the Consumer Advisory Committee of HealthInfoNet, an independent, nonprofit organization formed to oversee the development of a statewide electronic clinical information sharing network in Maine.
October, 2008: Guest speaker for Return To Work Program at Maine Correctional Institute.
2008: Representation of NAMI-ME pro bono publico.
Served on the Board of Directors and furnished legal advice, pro bono publico, to the Pine Tree Council, Boy Scouts of America, from 1999 to 2002.
Served on the Board of Directors and furnished legal advice and representation to the Jewish Community Center of Portland, pro bono publico, from 1987 to 1996.
University of Maine School of Law: Taught labor law course, Spring semester 2001.
Adjunct Professor, St. Joseph's College of Maine, 2009-12, "Employee and Labor Relations," "Employment Law and Regulation"
Volunteer mediator in the Boston Municipal Court pilot program, 1982-3; Volunteer mediator in the Maine Human Rights Commission Mediation Project, 1995-6; Volunteer Neutral in Maine Superior Court Alternative Dispute Resolution Pilot Project 1995-7.
At the request of Justice Caroline D. Glassman, organized panel of five other Maine lawyers to develop written materials and conduct a panel presentation on the Americans With Disabilities Act for the benefit of the judges of the Superior Court and the Supreme Judicial Court at the annual meeting of the Maine Bar Association, January 19, 1995.
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