Robert P. Casey

Profile

Robert (“Bob”) Casey has exclusively represented management in all facets of labor and employment law matters for 30+ years. He has long-represented employers throughout the Midwest in the steel, utility and construction industries, as well as multiemployer associations in the construction industry, in matters under the NLRA, the arbitration of union grievances under collective bargaining agreements, collective bargaining negotiations, including negotiations for area-wide construction industry agreements, and multi-employer trust fund litigation. Bob also has substantial experience regarding multiemployer pension plan withdrawal liability under ERISA, and regularly advises employers and associations regarding that topic, as well as representing clients in the litigation and arbitration of withdrawal liability-related claims. 

Bob’s experience representing employers and associations in the construction industry has also led to an expertise in the negotiation, implementation and application of Project Labor Agreements for construction projects on a nationwide basis.  Bob is regularly consulted by construction contractors regarding PLAs in states and localities across the country.

Bob has also acted as lead trial counsel in employment discrimination and wrongful discharge cases, as well as labor and multiemployer trust fund cases in the federal district courts in Illinois, California, Colorado and Minnesota, including individual jury trials in those jurisdictions under the ADEA, Title VII, Section 1981 and state law. Bob’s labor and employment litigation experience includes the defense of multiple plaintiff and class action litigation brought by both private counsel and the EEOC, including class actions brought under union agreements and ERISA challenging changes in retiree medical benefits. 

Bob regularly counsels employers regarding workforce reductions, in both union and nonunion settings, and the employer’s obligations under state and federal WARN Acts to provide appropriate notice of the proposed reductions, as well as compliance with the OWBPA in the preparation of releases associated with such workforce reductions.

 

Best LawyersRanked in Chambers USA 2014

Experience

Experience: 

Bob has tried jury trials on discrimination and employment related issues in federal court in IL  (age discrimination) and before the federal courts in MN (age discrimination), CA (wrongful discharge), and CO (race and national origin discrimination, and wrongful discharge). 

On behalf of construction industry employers, Bob has also litigated and prevailed in actions brought by union trust funds seeking to apply union contracts to a nonunion entity under an alter ego/single employer theory of liability.

Bob was one of several counsel responsible for negotiating, implementing and overseeing the settlement of a class action brought against a former meat processing company alleging that it had impermissibly terminated its union retirees= health benefits.  The settlement in that case involved more than $27 million and 1,000+ class members. 

Bob also represented another major employer in the defense of a nationwide class action brought in the federal district court for the Northern District of Ohio involving increases made to the premiums charged under that employer’s collectively bargained retiree health benefits plan.  That case involved more than 600 retirees and/or their surviving spouses from 12 plants in 10 states, and was ultimately settled in 2009.  Bob was instrumental in determining and negotiating the settlement amount, obtaining court approval of the settlement, and implementing the settlement after its approval.

Bob is General Counsel to and represents the Mid-America Regional Bargaining Association (MARBA).  He, along with other attorneys from the Chicago office, represented MARBA and its member associations (Illinois Roadbuilders, Builders Association, Lake County Contractors, Fox Valley AGC, Mason Contractors Association, Chicagoland Crane Association, Underground Contractors) in 2009 and 2010 negotiations for area-wide agreements with the Teamsters, Operating Engineers, Laborers, Technical Engineers, Auto Mechanics, Bricklayers, and Carpenters, including unfair labor practice charges and strikes in connection with those negotiations.

Education and Honors

Education: 

J.D., summa cum laude, DePaul University College of Law, 1976
B.A., summa cum laude, St. Anselm's College, 1973

Honors and Awards: 
  • Fellow, The College of Labor and Employment Lawyers
  • Associated General Contractors Labor and Employers Lawyers Council (Member and past Chair)
  • Leading Lawyer's Network (Illinois, Employment Law: Management)
  • Best Lawyers in America
  • Chambers USA
  • Illinois Super Lawyer

Professional Activities

Professional Activities: 
  • American Bar Association (Litigation, Labor and Employment Law Sections)
  • Illinois State Bar Association
Speeches:
  • AGC Midwest Chapter Execs Meeting - "Update on Labor Law, Jurisdictional Disputes and Other Issues" - Chicago - 2011
  • AGC Midwest Chapter Execs Meeting - "Update on Labor Law, Jurisdictional Disputes and MPPAA Issues" - Chicago - 2010
  • Illinois Employment Law Update - "Navigating The Reduction In Force Minefield" - Oak Brook - 2009
  • Dealing With Fringe Benefit Audits - "Workplace Investigations" - Schaumburg and Rosemont - 2006
  • AGC LELC Annual Symposium - "Update On The BAC/OPCMIA Jurisdictional Dispute" - Washington, D.C. - 2004
  • AGC Labor & Employment Law Council (AGC LELC) Annual Symposium - "DOL's New Site of Work Regulations Extend Davis-Bacon to Off-Site Work" - Washington, D.C. - 2001

In The News

Published Works:
  • 2004 - AGC of America - "Detailed Policy and Legal Analysis of Public Owner Project Labor Agreements"
  • 1994 - Illinois Institute of Continuing Legal Education's Employee Benefits Law Handbook - "Selected Age, Sex and Disability Discrimination Issues in Employee Benefits"