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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

Zachary D. Fasman is a Partner in the Labor & Employment Law Department of Proskauer Rose LLP, resident in the New York office. Zach focuses his practice on representing employers in all aspects of labor and employment law, including labor-management relations, employment litigation and counseling.

Zach has extensive trial and appellate experience in employment litigation, having handled hundreds of employment law cases ranging from nationwide class actions to jury trials of individual discrimination claims. He has argued numerous employment and labor cases in both state and federal appellate courts, including two successful arguments before the United States Supreme Court.

Zach’s labor-management relations practice encompasses advising employers during representation campaigns, collective bargaining, labor arbitrations and all forms of counseling regarding union and employee relations as well as employment at will and related employment issues.  He has negotiated collective bargaining agreements with most major U.S. labor unions and also has substantial experience appearing before the National Labor Relations Board, where he tried the second longest case in NLRB history.  In addition, Zach provides day-to-day counseling and advice to employers on a wide range of issues including complex labor and employment law issues in mergers and acquisitions, the intersection between labor and antitrust law, federal preemption, and the arbitration of statutory claims.

Having practiced in Washington for many years, Zach has testified before the U.S. Congress and the EEOC on multiple occasions and has worked extensively with Congress and the White House, on behalf of the U.S. Chamber of Commerce and other organizations, on numerous pieces of legislation.  He is a long time member of the U.S. Chamber’s Labor Relations Committee and has submitted many amicus curiae briefs on behalf of the Chamber and other organizations to the U.S. Supreme Court on labor and employment law issues.

A noted author and sought-after speaker on labor and employment issues, Zach co-chairs the Practicing Law Institute’s Annual Employment Law Institute and has written numerous articles in the New York Law Journal and a wide variety of other publications.  He is one of nine lawyers in New York City to earn a “Band One” ranking in Labor and Employment in Chambers USA and is a long-time Fellow of the College of Labor and Employment Lawyers.  He also is a member of the Advisory Board of New York University Law School’s Center for Labor and Employment Law, teaches employment law to members of the federal judiciary through the Federal Judicial Center, and has been included in every edition of Best Lawyers in America. In 2015, he was selected as one of New York’s Top 100 lawyers and was selected to Lawdragon’s Hall of Fame in Labor Law (one of 30 lawyers nationally).


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