Berry Moorman

Robert W. Morgan

Robert W. Morgan

Detroit OfficeRobert W. Morgan
Tel: (313) 496-1200
Fax: (313) 496-1300
Email: [javascript protected email address]

Practice Areas
Alternative Dispute Resolution
Civil Litigation
Labor and Employment Law

Education
B.B.A., University of Michigan, 1968
J.D., University of Toledo College of Law, 1974

Admitted
State Bar of Michigan
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Eastern District of Michigan
U.S. District Court, Western District of Michigan
U.S. District Court, Northern District of Indiana

Biography

Mr. Morgan has substantial experience in all aspects of private sector management-side labor and employment law. He has particular expertise in union organizational/organizing activities and union campaigns, collective bargaining, defending unfair labor practices, strikes and injunction proceedings and contract administration. He also counsels employers on labor issues in bankruptcy, mergers and acquisitions and reductions in force. In addition, he has an extensive background in litigation and defense against claims of wrongful discharge, discrimination, sexual harassment, whistleblower and wage/hour violations. Mr. Morgan also assists employers with employment policies and consults with management regarding employee discipline as well as other human resource issues.

Mr. Morgan regularly appears before numerous courts and agencies including state and federal trial and appellate courts, the National Labor Relations Board, the Equal Employment Opportunity Commission, the Michigan Department of Civil Rights, U.S. and Michigan Department of Labor.

Mr. Morgan was an Associate Professor of Labor and Business Law at Eastern Michigan University and an Adjunct Professor at the University of Toledo College of Law. Mr. Morgan is a member of the State Bar of Michigan and its Labor Law Section. He is also a member of the American Bar Association, Section on Labor Law, and the Committee on Development of Law under the National Labor Relations Act. Mr. Morgan serves as Contributing Editor to the BNA treatise, “The Developing Labor Law,” and is a frequent panelist and lecturer at various seminars.

Mr. Morgan served as a Lieutenant in the U.S. Navy between 1968 and 1972. He was admitted to the State Bar of Michigan in 1975.

Reported and Notable Decisions:
Hensley v. The Cold Heading Co.,
2007 US Dist LEXIS 37446 (ED Mich 2007)
Former employee brought a LMRA hybrid Section 301 action against his employer alleging employer breach of the collective bargaining agreement and in-house union breach of its duty of fair representation. U.S. District Court granted summary disposition to the employer.

Clanton v. General Products Corp.,
2005 Mich App LEXIS 1984 (2005)
Former CFO brought a breach of contract action against employer alleging entitlement to a contractual severance package based on a substantial adverse change in his duties. Appellate court affirmed dismissal of the action as a matter of law when it was found the former CFO failed to plead, and could not prove, that a condition precedent had been satisfied.

Michigan Educ. Ass’n v. Christian Bros. Institute of Michigan,
267 Mich App 660 (2005)

Kyro v. General Products Corp.,
2005 US Dist LEXIS 13906 (ED Mich. 2005)
Widow’s breach of contract claim against husband’s employer for denial of contractual medical and insurance benefits was preempted by ERISA and barred by her failure to exhaust administrative remedies.

Kassab v. Aetna Industries,
2002 US App LEXIS 26568 (6th Cir 2002)
Former employee brought a LMRA hybrid Section 301 action against his employer alleging employer breach of the collective bargaining agreement and his union breach of its duty of fair representation. Appellate court affirmed the lower court’s grant of summary judgment to the employer, and remanded granting of sanction to employer for further finding of fact.

Perez v. United Airlines, Inc.,
1999 US Dist LEXIS 17987 (ED Mich 1999)
Former employee failed to establish a prima facie case of race discrimination under Title VII when he failed to establish similarly situated members of an unprotected class and or show employer’s reason for termination was pretext.

Goins v. Ajax Metal Processing, Inc.,
984 F Supp 1057 (ED Mich 1997)
Former employee’s state law claim for wrongful discharge against his employer was preempted by the Section 301 of the LMRA and was remover to federal court. U. S. District Court granted summary judgment to employer for employee’s failure to bring the action within the applicable 6-month statute of limitations.

Steele v. Cold Heading Co.,
125 Mich App 199 (1983)
Former employee brought a breach of contract action against his employer for denial of a profit-based bonus. Appellate court affirmed trial courts grant of summary judgment to employer based on his failure to meet the condition precedent of being employed through the end of the fiscal year.

Publications
Family Medical Leave Act (FMLA) and Military Leave (March 2009)

"Continuing Violations" Doctrine Discontinued Under Michigan Civil Rights Law (October 2005)

To Defend or Not to Defend is no Longer the Question (November 2002)

Musings & Mandates From On High (November 2002)

Do Company-Sponsored Disaster Relief Fund-Raisers Violate a No-Solicitation Policy? (September 2001)

A Short Primer on Hybrid Section 301 Claims for the Unionized Employer (March 2001)