Since 1976 Mr. Daniel has handled labor and employment problems in a wide array of industries. He has extensive experience in representing management in union organizational attempts as well as in conducting due diligence in mergers and acquisitions. He has negotiated numerous collective bargaining agreements and has represented management in multiple decertification matters. Mr. Daniel also has experience in the areas of contract negotiation, administration, and bargaining.
From 1976-2004 Mr. Daniel practiced labor and employment law with another firm. He served as Managing Partner of that firm for three years including overseeing the merger of the firm with its 7 offices and 47 attorneys with Ogletree Deakins in September 2004. Since that time, Mr. Daniel has served on Ogletree’s Compensation Committee and from 2007-2012 has served on Ogletree’s five-member Board of Directors.
Experience
Mr. Daniel has tried cases before the NLRB and has handled federal appellate cases with issues arising under the NLRA. Mr. Daniel spends a significant amount of time in the preventative sphere on both labor and employment issues. Mr. Daniel has conducted supervisor training on such diverse topics as NLRA compliance, Title VII compliance, as well as related state laws. Mr. Daniel has handled cases in a large number of industries, but he has particular experience in the following industries: retail, healthcare, insurance, telecommunications, distribution, forest products, and food processing. Mr. Daniel has successfully handled the following:
- Managed the labor and employment aspects of due diligence on numerous acquisitions, including working as coordination counsel on these issues with some of the nation’s largest and most prestigious law firms
- Successfully managed certification strategy in cases for numerous employers
- Assisted management in developing and successfully implementing a plan to alleviate the threat of contempt or other unusual remedies for a new client that had a history of labor law violations
- Developed strategy to minimize the threat of unionization at multiple facilities for a client with master labor agreements at other company facilities
- Worked with management to resolve legal issues that allowed employees to successfully decertify the UFCW after 25+ years of representation at a 400-employee distribution center
- Works with major healthcare entity regarding complex healthcare issues involving physicians and other professionals
- Co-manages relationship with various EPLI carriers for all offices of Ogletree Deakins
South Carolina
U.S. Court of Appeals, Fourth, Sixth and District of Columbia Circuits
Education and Honors
- American Jurisprudence Awards in Contracts, Administrative Law, and Criminal Procedure
- Best Lawyers in America (since 2001)
- Super Lawyers
- Greenville Magazine's 50 Most Influential People of 2010
Professional Activities
- South Carolina Governor’s School for Science and Mathematics Foundation (Board Member, 2004-13; Vice President, 2007-08; President, 2008-09)
- American Counsel Association (Board Member 2008-11; President Elect 2010-11; President 2011-12)
- Davidson College (Board of Visitors, 2007-12)
- Greenville Downtown Development Group (Board Member, 2008-2010)
- Greenville Chamber of Commerce (General Counsel, 1990 and 2002; Vice Chair, Economic Development, 2003-2005; Chair Elect, 2006; Chair, 2007; Immediate Past Chair, 2008)
- The Hosiery Association (Labor and Employment Counsel, 1996-2003)
- American Bar Association (Developing Labor Law Committee, 1980-98)
- South Carolina Bar (Employment and Labor Law Section; House of Delegates, 1988-89; Chairman, Employment and Labor Law Section, 1987-88; Commission on Continuing Lawyer Competence, 1991-93; Co-Chair, Continuing Legal Education Subcommittee, 1982-84)
- South Carolina Hospital Personnel Association - "Union Organizing in Healthcare" - Columbia - July 29, 2010
- Coastal Organization of Human Resources - "Bizarre Cases of 2007-2008" - Myrtle Beach - Spring 2009
- National Tank Truck Carriers - "Preparing Your Organization for the Employee Free Choice Act" - Baltimore - 2009
- Ogletree Deakins Workplace Strategies Seminar - "Mergers and Acquisitions – Avoiding the Employment Law Pitfalls" - New Orleans - May 2008
- Pee Dee SHRM Chapter - "The NLRB and Its Future Director" - Florence - 2008
- Shriners Hospitals for Children Annual Human Resource Directors Meeting - "Truth is Stranger Than Fiction: Bizarre Legal News from 2007-2008" - Boston - 2008
- Ogletree Deakins Workplace Strategies Seminar - "Employee Rights in the Workplace – Where Are the Lines Drawn?" - Atlanta - May 2006
- South Carolina/North Carolina Joint Hospital Personnel Association - "Overview of Healthcare Labor Laws" - Hilton Head - 2006
- Ogletree Deakins Workplace Strategies Seminar - "Clarification or Confusion? Employers Litigate Leave Obligations" - San Antonio - May 2005
In The News
- Winter 2010 - American Counsel Association Bulletin - "ACA Member Profile: J. Howard Daniel, President-Elect"
- May 1, 2009 - Treasure Risk Management - "Age Bias Claims Rise"
- November 2, 2008 - The Greenville News - "Airfares at GSP Among Highest"
- May 16, 2008 - Scottsdale Tribune - "Union Raps Grocery Chain on Spoilage, Environment"
- May 15, 2008 - East Valley Tribune - "Union Raps Fresh & Easy Parent Firm's Practices"
- February 8, 2006 - Entrepreneur - "Chair-Elect Looks to Get Busy – Greenville Attorney Daniel Prepares for Top Chamber Post"
- January 1, 2007 - Ogletree Deakins Publication - "The Changing State Of The Law Regarding Releases"
- 2004/2011 - South Carolina Bar, CLE Division - "Labor and Employment Law for South Carolina Lawyers (2d Ed., 3d Ed., 4th Ed.)"
- 1983/1992 - BNA - "The Developing Labor Law, 2d Ed., Supplements, 3d Ed. (contributing editor)"