Rodney A. Harrison

Profile

For the past 19 years, Mr. Harrison has devoted his practice exclusively to the representation of companies in the area of labor and employment law.

Mr. Harrison’s practice includes counseling and advising clients on employment-related matters such as work related investigations, leave and attendance issues, and disciplinary and termination decisions. He has litigated labor and employment-related matters in federal and state courts throughout the United States, including individual and class action claims under Title VII, the ADA, ERISA, the ADEA, the FMLA, collective action claims under the Fair Labor Standards Act, and represented employers in labor and employment arbitrations and administrative proceedings. Mr. Harrison regularly counsels clients on employment-related matters, particularly those involving FMLA/ADA workplace issues. 

Mr. Harrison has extensive experience advising clients in wage and hour audits with the Department of Labor, as well as handling class and collective action claims in state and federal courts.  Most recently, he has represented:

  • corporate and franchise pizza companies being sued by delivery drivers alleging credit, mileage reimbursement, uniform, and off the clock claims;
  • a fast food restaurant in a misclassification case;
  • a water utility in a misclassification case;
  • a casino sued by front line supervisors in a misclassification case;
  • a manufacturing facility sued by unionized hourly workers alleging donning and doffing violations;
  • a healthcare staffing company being sued by staffing coordinators over the use of on-call payments.

Mr. Harrison’s practice also includes matters arising under the National Labor Relations Act and Railway Labor Act.  Mr. Harrison has assisted both governmental and non-governmental clients with their labor related issues, including labor arbitrations, contract negotiations, and union organizing.  He has represented clients in several industries, including the construction, steel, telecommunications, utility, chemical, pharmaceutical, health care, distribution, and transportation industries.  He regularly arbitrates cases for clients in these industries, and has worked with clients in resolving issues with various unions, including the Steelworkers, Teamsters, Laborers, Operating Engineers, and Chemical Workers. 

In addition, Mr. Harrison has particular expertise in matters arising under the Railway Labor Act, including major/minor disputes, arbitration reviews, strike threats, union representation issues, federal and state law RLA preemption matters, and collective bargaining disputes.  He has handled matters in federal courts, as well as before the Surface Transportation Board (STB) and National Mediation Board (NMB).  Mr. Harrison’s experience includes:

  • Representing a railroad in actions to enjoin threatened strikes by the BMWED, BLET and other unions;
  • Representing railroads seeking to enforce and vacate arbitration awards both before the courts and the STB;
  • Representing air and rail carriers in union election proceedings before the NMB;
  • Representing a railroad in major dispute actions seeking relief for the union’s repudiation of the terms of a bargaining agreement; and
  • Representing a railroad in proceedings before the STB and Court of Appeals to vacate an award of New York Dock benefits
  • Representing an airline in a state common law claim involving RLA preemption issues
  • Representing a railroad in a hybrid breach of contract/duty of fair representation case
  • Representing air and rail carriers in arbitration proceedings
  • Representing rail and air carriers in a wrongful discharge claim under § 2, Third and Fourth
  • Advising a railroad on general labor relations

Finally, Mr. Harrison represents clients in non-compete and trade secret litigation in federal and state courts including claims for breach of contract, misappropriation of trade secrets, computer fraud and abuse, and violation of the Stored Electronic Communications Act.  He has helped clients enforce restrictive covenants and helped clients navigate the hiring of employees subject to restrictive covenants.  He has served as an adjunct professor at St. Louis University School of Law, where he taught a class on non-compete and trade secret litigation. 

AV Rated Martindale HubbleRanked Chambers USA

Experience

Experience: 
  • Union Pacific R.R. Co. v. Surface Transp. Bd., 358 F.3d 31 (D.C. Cir. 2004)
  • Turner v. Southwestern Bell Telephone L.P., 2006 WL 903373 (E.D. Mo. 2006)
  • Union Pacific R. Co. v. United Transp. Union, 2006 WL 618144 (D. Kan. 2006)
  • Union Pacific R. Co. v. United Transp. Union, 2006 WL 2460644 (D. Kan,. 2006)
  • United Transp. Union v. Alton & Southern Ry. Co., et. al., 2006 WL 664181 (S.D. Ill. 2006)
  • United Seating & Mobility, LLC. v. Homen, 2006 WL 473739 (E.D. Mo. 2006)
  • Brotherhood of Ry. Carmen v. Kansas City Southern Ry. Co., 2005 WL 2600435 (W.D. Mo. 2005)
  • Wilkes v. Washington University School of Medicine, 2007 WL 1040929 (E.D. Mo. 2007)
  • Turner v. Healthcare Services Group, 156 S.W. 3d 431 (Mo. App. 2005)
  • Union Pacific R. Co. v. United Transp. Union, 2005 WL 3797329 (E.D. Mo. 2005)
  • Taylor v. American Airlines, 943 F. Supp. 1164 (W.D. Mo. 1996)
  • Brotherhood of Maintenance of Way Employees v. Union Pacific R. Co., 460 F.3d 1277 (10th Cir. 2006)
  • Kansas City Southern Ry. Co. v. Brotherhood of Locomotive Engineers, 419 F. Supp. 1038 (C.D. Ill. 2006)
  • Jones v. Union Pacific Motor Freight, 1999 WL 34803757 (W.D. Mo. 1999)
  • Union Pacific Corporation, Union Pacific Company & Missouri Pacific Railroad Company – Control and Merger – Southern Pacific Rail Corporation, Southern Pacific Transportation Company, STB Finance Docket No. 32760 (Sub-No. 42) (Aug. 14, 2006) (arbitration review)
  • Union Pacific Corporation, Union Pacific Company & Missouri Pacific Railroad Company – Control and Merger – Southern Pacific Rail Corporation, Southern Pacific Transportation Company, STB Finance Docket No. 32760 (Sub-No. 42) (Feb. 27, 2006) (arbitration review)
  • Insituform Technologies v. Reynolds, Inc., 2007 WL 1198889 (E.D. Mo. 2007)
  • Hedrick v. Ameristar Casino St. Charles, 2009 WL 3300035 (E.D. Mo. 2009)
  • Lasco v. Hall & Shaw Sales, Marketing & Consulting, 600 F. Supp.2d 1045 (E.D. Mo. 2009)
  • Lasco v. Hall & Shaw Sales, Marketing & Consulting, 2009 WL 3523986 (E.D. Mo. 2009)
  • Lasco v. Hall & Shaw Sales, Marketing & Consulting, 2009 WL 3834099 (E.D. Mo. 2009)
  • DiStefano v. Kinder Morgan, 2011 WL 245573 (S.D. Ill. 2011)
  • Borders v. Trinity Marine, 2010 WL 5139343 (E.D. Mo. 2010)
  • Borders v. Trinity Marine, 2011 WL 1045560 (E.D. Mo. 2010)
  • Newlin v. GoJet Airlines, LLC, 2011 WL 743081 (E.D. Mo. 2011)
  • Newlin v. GoJet Airlines, LLC 2011 WL 6415544 (E.D. Mo. 2011)
  • Jackson v. Mills Properties,  2011 WL 3607920 (E.D. Mo. 2011)
  • Tenge v. Washington Group, 2011 WL 1630823 (E.D. Mo. 2011)
  • Richardson v. Watco, 2011 WL 15000504 (W.D. Okla. 2011)
  • Walker v. Trinity Industries, 2012 WL 1858935 (E.D. Mo. 2012)
  • Martin v. Trinity Industries, 2012 WL 1620164 (E.D. Mo. 2012)
  • Cool-Pak v. Larsen, 2012 WL 1933706 (D. Minn. 2012)
  • Kress v. Dutchtown South Community Corp., 2012 WL 2374710 (E.D. Mo. 2012)
  • Fouche v. Missouri American Water, 2012 WL 2718925 (E.D. Mo. 2012)
  • Randazzo v. Par Pharmaceutical, 2012 WL 5051023 (E.D. Mo. 2012)
  • Marshall v. Amsted Rail, 2012 WL 5380329 (S.D. Ill. 2012)
  • TLC Vision v. Freeman, 2012 WL 5398671 (E.D. Mo. 2012)
  • Marshall v. Amsted Rail, 2012 WL 5499431 (S.D. Ill. 2012)
  • Fouche v. Missouri American Water, 2013 WL 121542 (E.D. Mo. 2013)
  • TLC Vision v. Freeman, 2013 WL 230254 (E.D. Mo. 2013)
  • Busse v. Daiichi Sankyo, 2013 WL 791822 (E.D. Mo. 2013)

Education and Honors

Education: 

J.D., Washington University, 1993
B.S., Tufts University, 1990

Honors and Awards: 
  • Recipient, Robert C. Welch Voluntary Attorney Project Award (1997)
  • Webster Child Care Center Board of Directors (Past President)
  • Super Lawyer by Missouri & Kansas Super Lawyers (2008-2013)
  • AV rated by Martindale-Hubbell
  • The Best Lawyers in America
  • Law Clerk, Judge Stephen N. Limbaugh, Jr., Missouri Supreme Court (1994-1995)
  • Chambers USA (2013)

Professional Activities

Professional Activities: 
  • Bar Association of Metropolitan St. Louis
  • American Bar Association (Labor & Employment Law Section, Railway and Airline Labor Law Committee)
  • Defense Research Institute (Employment Law Committee, Vice Chair, Program Subcommittee)
  • St. Louis University School of Law (Adjunct Professor)
  • Human Resource Management Association (Program Committee)
  • Society for Human Resources Management
Speeches:
  • Ogletree Deakins Seminar - "The FMLA and ADA in the Real World" - St. Louis - April 2011
  • AAIM-EA Webcast Series - "Responding to the EEOC" - St. Louis - February 2011
  • Private Client Seminar - "Workplace Violence: Are You Prepared?" - St. Louis - January 2011
  • Ogletree Deakins Seminar - "Protecting Trade Secrets" - St. Louis - June 2010
  • Ogletree Deakins Breakfast Briefing - "Class and Collective Action Phenomena: Everything Old is New Again" - St. Louis - April 2010
  • Not-For-Profit HR Roundtable - "Addressing Accommodation Issues Under The ADAAA" - St. Louis - December 2009
  • AAIM Cooperating School District Roundtable - "FMLA Compliance" - St. Louis - October 2009
  • Human Resources Management Association - "True or False . . . Your Organization knows and DOES what it needs to stay in compliance?" - St. Louis - October 2009
  • AAIM-EA HR Legal Certificate Program - "HR/Legal Update" - St. Louis - September 2009
  • AAIM-EA HR Legal Certificate Program - "EEO Update" - St. Louis - August 2009
  • ILEA - "Managing Reductions in Force" - St. Louis - August 2009
  • Not-For-Profit HR Roundtable - "A Change is Coming (And Has Come): An Overview of Recent Employment Law Developments" - St. Louis - June 2009
  • Association of Corporate Counsel - "Managing Your Workforce in a Struggling Economy . . . And Successfully Juggling Employment Laws Along the Way!" - St. Louis - May 2009
  • 2009 Upper Midwest Employment Law Institute - "You Aren’t The Boss Of Me – When And How Much Can And Employer Regulate Employee Conduct On And Off The Job" - Minneapolis - May 2009
  • Ogletree Deakins Seminar - "The ADA Amendments Act and New FMLA Regulations: Clarity or Confusion" - St. Louis - April 2009

In The News

Media Quotes:
  • August 13, 2012 - Law360 - "Circuit Split On CFAA Leaves Employers Scratching Heads"
Published Works:
  • March 20, 2014 - Ogletree Deakins Blog Post - "Seventh Circuit Refuses to Review Arbitrator’s Decision to Allow Expert-Prepared Accident Report"
  • September 5, 2013 - Ogletree Deakins Publication - "New Missouri Supreme Court Decision Addresses Untimely Claims"
  • May 2008 - DRI Annual Employment Law Conference Manuscript - "You Aren’t The Boss Of Me – When And How Much Can An Employer Regulate Employee Conduct On And Off The Job"
  • May 2007 - DRI Annual Employment Law Conference Manuscript - "Litigation Lessons Learned"
  • April 2007 - DRI Jury Instruction Book - "Employment Law Jury Instructions: FLSA"
  • Spring 2004 - St. Louis Bar Journal - "Genetic Testing Discrimination: The Call for a Broader National Policy"
  • November 1999 - For the Defense - "When Wrongdoers Seek Justice: The Whistleblowers Blows the Whistle on Himself"
  • Winter 1998 - The Job Description - "The Violence Against Women Act: A New Cause of Action for Women Subjected to Sexual Harassment"