Peter D. Post

Profile

Mr. Post’s practice involves representation of management in labor law matters and employee benefit disputes, usually concerning litigation.  He advises employers concerning union organizing campaigns, collective bargaining negotiations, arbitrations, equal employment law, and wage and hour matters, as well as disputes under the Employee Retirement Income Security Act.  Peter has specialized in the labor, employment and benefits aspects involved in the purchase, sale and closure of corporate plants and facilities as well as corporate downsizing.

 Mr. Post’s experience in ERISA litigation has involved defense of employers against benefit claims by union-represented and non-represented employees and retirees.  Peter has defended employers against class-actions alleging breach of collective bargaining agreements and plan documents by the elimination or modification of retiree health care and life insurance benefits.  Mr. Post has also defended employers and plan administrators against claims of alleged breach of fiduciary responsibilities.

Experience

Experience: 

Mr. Post has handled the following types of cases in recent years:

  • Obtained dismissal in federal court of state law claims of wrongful termination filed against a national steel company.
  • Successfully defended a national steel company in a labor arbitration over the termination of an employee for violation of the company’s drug and alcohol policy
  • Obtained “grievance denied” results in labor arbitrations representing (i) a specialty steel company in three cases involving subcontracting, vacation pay, and health care and life insurance coverage for inactive employees; (ii) a national defense contractor in a case involving a job transfer issue as well as a case involving discharge for absenteeism and (iii) a world-wide basic steel company involving severance pay for approximately ninety employees.
  • Successfully had unfair labor practice charges withdrawn against a Pittsburgh-based manufacturer before the National Labor Relations Board and successfully represented a national defense contractor in a union election held by the NLRB.
  • Resolved amicably eight suits in federal court claiming employee benefits under the Employee Retirement Income Security Act (“ERISA”), one against a large railroad company, one against a national telecommunications company and six against national insurance companies acting as claim administrators.
  • Obtained summary judgment against claims in federal court under ERISA for alleged breach of fiduciary duty involving the employee benefit plans of a paper manufacturing company and a basic steel manufacturing company.
  • Obtained dismissal of three suits in federal court against a major airline alleging breach of a collective bargaining agreement and breach of a union’s duty of fair representation.
  • Negotiated three low-cost collective bargaining agreements and a plant closing agreement.

Education and Honors

Education: 

J.D., Harvard Law School, 1971
B.S., Pennsylvania State University, 1968

Honors and Awards: 
  • Best Lawyers in America
  • Pennsylvania Super Lawyers
  • Fellow, The College of Labor and Employment Lawyers

Professional Activities

Professional Activities: 
  • American Bar Association
  • Pennsylvania Bar Association
  • Allegheny County Bar Association
  • Management Labor and Employment Roundtable
  • Upper St. Clair Township, Pennsylvania (Commissioner, 1991-1994)
  • The Pennsylvania Labor Letter (Editor-in-Chief)
  • Contributing editor to ABA’s The Developing Labor Law
  • Firm-Wide Head of Reed Smith’s Labor, Employment and Benefits Group
  • Member of Reed Smith’s Executive Committee (1991-2000)
Speeches:
  • Pittsburgh Association of Corporate Counsel - "Labor Law Issues in Buying and Selling Corporate Assets" - Pittsburgh - June 7, 2011
  • The 6th Annual Labor and Employment Law Advanced Practices Symposium - "Legislative & Regulatory Trends" - San Diego - April 22, 2010
  • Ogletree Deakins Briefing - "Avoiding Liability for Negligent Hiring and Negligent Retention" - Pittsburgh - April 20, 2010
  • Labor and Employment Law Advanced Practices Symposium - "Discrimination Hot Spots: Disability and Religion" - Washington, D.C. - November 4, 2009
  • Ogletree Deakins Briefing - "Downsizing a Workforce: Practical Legal Considerations" - Pittsburgh - October 6, 2009
  • Ogletree Deakins Briefing - "Changes in COBRA Caused by the Economic Stimulus Bill" - Pittsburgh - April 1, 2009
  • The 5th Annual Labor and Employment Law Advanced Practices Symposium - "Eye on Employment Law: The Latest Developments Impacting Employers" - Las Vegas - March 19, 2009
  • Ogletree Deakins Briefing - "DOL Proposed Regulation Requiring Disclosure of Certain Plan and Investment-Related Information" - Pittsburgh - October 29, 2008
  • Ogletree Deakins Workplace Strategies Seminar - "Recent Developments in Benefit Litigation: Employers Beware!" - New Orleans - May 9, 2008
  • Ogletree Deakins Briefing - "Current Development in Benefits Law" - Pittsburgh - April 8, 2008

In The News

Published Works:
  • June 1999 - The Pennsylvania Labor Letter - "Avoiding Liability for Negligent Hiring and Negligent Retention"
  • November 1998 - The Pennsylvania Labor Letter - "Practical Aspects of Buying and Selling Unionized Facilities"
  • May 1998 - The Pennsylvania Labor Letter - "Retiree Health Care Benefits - Avoiding the Pitfalls"
  • 1998 - The Employment Severance Answer Book - "Plant Closings: Collective Bargaining Considerations"