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.

Representative Matters

National Labor Relations Act Litigation

NLRB v. A.M. Steigerwald Co. Inc., 631 F.2d 733 (7th Cir.). NLRB litigation and 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.
Amalgamated Service and Allied Industries Joint Board, ACTWU v. NLRB, 815 F. 2d 225 (2nd Cir.). NLRB litigation and 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.

Employment Discrimination Litigation

Vocca v. Playboy Hotel of Chicago. Inc., 686 F. 2d 605 (7th Cir.). Action by plaintiff to recover attorneys' fees in ADEA case, and 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.). Dismissal of ADEA action for plaintiff's failure to comply with discovery, and appeal of dismissal. Dismissal affirmed on appeal.
Mathis v. Southwest Partners d/b/a/ William Buick, 1998 WL 774827 (N.D. Ill., ED.). Dismissal of multiple claim employment discrimination suits due to plaintiff's misrepresentations on his forma pauperis petition, which resulted in his obtaining court appointed counsel. Affirmed by the 7th Circuit, unpublished.
Gomolka v. Quotesmith.com, 2005 WL 264850 (N.D. Ill., E.D.). Summary judgment for defendant in an ADEA case.
Hemsworth v. Quotesmith.com, 2006 WL 644467 (N.D. Ill., E.D.). Summary judgment for defendant in ADEA case; affirmed 476 F.3d 487, 2007 WL 416984 (7th Cir.).

FLSA Litigation

Cannella v. Anodyne Corporation, 1996 WL 680242 (N.D. Ill., E.D.). Trial of FLSA overtime suit.

Labor Arbitration

Consumer Plastics Corporation and United Paper Workers International Union Litchfield Local No. 473, 88 LA 208. Discharge of four employees for smoking marijuana on company premises based on testimony of undercover agents.

State Court Matters Litigation

Chady v. Solomon Schechter Day Schools, 269 Ill App.3d 31 (1st Dist. Appellate Court). Suit by former teacher for breach of contract. 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. Original writ of prohibition in the Illinois Supreme Court seeking to prohibit state fair employment practices agency from proceeding where the agency failed to adhere to an alleged mandatory time limit. The Illinois Supreme Court granted the writ. The U.S. Supreme Court reversed, 455 U.S. 422, after other counsel took over the matter.

Amicus Curia Appellate Litigation

Connell Construction Company v. Plumbers and Steamfitters Local Union 100, 421 U.S. 616, involving the application of the anti-trust laws to site work subcontracting agreements in the construction industry.
Corning Glass Works v. Brennan, 417 U.S. 188, 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 and female departments.
Linden Lumber Division, Sumner & Co. v. NLRB, 419 U.S. 301, involving whether employers are free under the NLRA to reject unions' proffers of evidence of majority status and require unions to file petitions for NLRB representation elections.
Atlas Roofing Co. v. OSHRC, 430 U.S. 442, involving whether the administrative trial procedures of the OSH Act unconstitutionally deny employers the right to trial by jury.
NLRB v. Sears, Roebuck & Co., 421 U.S. 132, involving whether NLRB General Counsel appeals and advice memoranda may be obtained under the Freedom of Information Act.
Franks v. Bowman Transportation Company, 424 U.S. 747, involving whether a neutral seniority system violates Title VII if it has the effect of perpetuating pre-Act discrimination.

Professional Activities

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
- Co-Chairman
--OFCCP Liaison Group, 1985

Admissions

Kentucky
Supreme Court of the United States
District of Columbia
Illinois
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

Education

University of Louisville School of Law, J.D., 1971

Experience

National Labor Relations Board, Cincinnati, Ohio
Attorney, 1971- 1973

Board Memberships

Board of Directors, Anixter Center, 2001-2006
- Human Resources Committee, 2001-present
Board of Directors, Chicago Anti-Cruelty Society, 1990-1998
-First Vice President, 1997-1998

Civic and Charitable Activities

Jewish United Fund of Metropolitan Chicago
-JUF/IEF Annual Campaign, Lawyers Division, 1996-present
-Vanguard Committee, 1999
Anti-Defamation League Tribute to Tom Balanoff, President Local 73, SEIU, 1998
Little City Foundation
- National Basketball Association Players Awards Dinner, Committee Member, 1993-1997

Honors and Awards

Elected by peers as a Leading Lawyer in Illinois in management labor and employment law, 2005, 2006 and 2007
Listed in Illinois SuperLawyers, 2007

Selected Publications

Contributor, Multilaw, How to Hire and Fire in 76 Jurisdictions (Kluwer Law International, 2005)
Contributing Editor, The Illinois Chamber of Commerce Guide to Labor and Employment Law (2nd Edition).
Contributing Editor, The Developing Labor Law (BNA, 1st Edition)
"Strikes: Legal or Illegal," Professional Practice Report, Lake County Contractors/Development Association, April, 1999
"Multi-Employer Bargaining: Clearing Up some Misconceptions," Professional Practice Report, Lake County Contractors/Development Association, February, 1998
"The Employment Law Minefield," Professional Practice Report, Lake County Contractors/Development Association, December, 1997
"After 'Boston Harbor': Is the Future What It Used to Be?" Professional Practice Report, Lake County Contractors/Development Association, December, 1996
Co-Author, "Labor/Employment Compliance Audits," The Docket, Lake County, Illinois Bar Association, March 1995