Howard L. Mocerf

Howard L. Mocerf

Practice Group Attorney

Howard L. Mocerf focuses his practice on labor law and management employment matters, including collective bargaining, representation and unfair labor practice matters under The National Labor Relations Act, labor arbitration, OSHA matters, wage and hour disputes, trade secrets and non-compete agreements, and employment discrimination matters. He is experienced in developing and writing employee handbooks, affirmative action plans and employment policies, including harassment, substance abuse, social media, e-mail and Internet use, family and medical leave, and others.

Concentrations

  • NLRB litigation
  • Union avoidance
  • Collective bargaining
  • Labor arbitration
  • Employment discrimination
  • OSHA
  • Wage and hour
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Capabilities

Experience


  • Hemsworth v. Quotesmith.com, 2006 WL 644467 (N.D. Ill., E.D.). Obtained summary judgment for defendant in ADEA case; affirmed 476 F.3d 487, 2007 WL 416984 (7th Cir.)°
  • NLRB v. A.M. Steigerwald Co. Inc., 631 F.2d 733 (7th Cir.) Represented a client in NLRB litigation and appeal of NLRB refusal to bargain order to challenge underlying NLRB certification of representative based on the NLRB's exclusion of the determinative votes in an NLRB election of three voters alleged to be ineligible as statutory supervisors.°
  • Corning Glass Works v. Brennan, 417 U.S. 188. Represented a client as amicus curia in litigation involving whether a neutral seniority system violates the Equal Pay Act if it has the effect of perpetuating pre-Act pay disparities between former male and female departments.°
  • Linden Lumber Division, Sumner & Co. v. NLRB, 419 U.S. 301. Represented a client as amicus curia in litigation involving whether employers are free under the NLRA to reject unions' proffers of evidence of majority status and require unions to file petitions for NLRB representation elections.°
  • Vocca v. Playboy Hotel of Chicago. Inc., 686 F. 2d 605 (7th Cir.) Represented a client in an action by plaintiff to recover attorneys' fees in ADEA case, and appeal of district court's denial of fees. Denial of fees affirmed on appeal.°
  • Halas v. Consumer Services, Inc., 16 F. 3d 161 (7th Cir.). Obtained dismissal of an ADEA action for plaintiff's failure to comply with discovery, and appeal of dismissal. Dismissal affirmed on appeal.°
  • Mathis v. Southwest Partners d/b/a/ William Buick, 1998 WL 774827 (N.D. Ill., ED.). Obtained dismissal of multiple claim employment discrimination suits due to plaintiff's misrepresentations on forma pauperis petition. Affirmed by the 7th Circuit, unpublished.°
  • Gomolka v. Quotesmith.com, 2005 WL 264850 (N.D. Ill., E.D.). Obtained summary judgment for defendant in an ADEA case.°
  • Cannella v. Anodyne Corporation, 1996 WL 680242 (N.D. Ill., E.D.). Represented a client in trial of FLSA overtime suit.°
  • Consumer Plastics Corporation and United Paper Workers International Union Litchfield Local No. 473, 88 LA 208. Represented a client in a matter that resulted in the discharge of four employees for smoking marijuana on company premises, based on testimony of undercover agents.°
  • Atlas Roofing Co. v. OSHRC, 430 U.S. 442. Represented a client as amicus curia in litigation involving whether administrative trial procedures of the OSH Act unconstitutionally deny employers the right to a trial by jury.°
  • NLRB v. Sears, Roebuck and Co., 421 U.S. 132. Represented a client as amicus curia litigation involving whether NLRB general counsel appeals and advice memoranda may be obtained under the Freedom of Information Act.°
  • Franks v. Bowman Transportation Company, 424 U.S. 747. Represented a client as amicus curia in litigation involving whether a neutral seniority system violates Title VII if it has the effect of perpetuating pre-Act discrimination.°
  • Chady v. Solomon Schechter Day Schools, 269 Ill App.3d 31 (1st Dist. Appellate Court). Represented a client in litigation involving a suit by a former teacher for breach of contract, where the issue on appeal was whether teacher could obtain equitable remedy of reinstatement. Reinstatement denied.°
  • Zimmerman Brush v. Illinois Fair Employment Practices Commission, 82 Ill. 2d 99. Represented a client in litigation involving original writ of prohibition in the Supreme Court of Illinois seeking to prohibit a state fair employment practices agency from proceeding where the agency failed to adhere to an alleged mandatory time limit. The Supreme Court of Illinois granted the writ. The Supreme Court of the United States reversed, 455 U.S. 422, after other counsel took over the matter.°
  • Connell Construction Company v. Plumbers and Steamfitters Local Union 100, 421 U.S. 616. Represented a client as amicus curia in litigation involving the application of the anti-trust laws to site work subcontracting agreements in the construction industry.°
  • SEIU Healthcare Illinois and Indiana and Sherwin Manor Nursing Center, FMCS No. 101014-50394-A. Obtained an arbitration decision that dismissed a grievance, on procedural grounds, that a union had filed against a nursing home on behalf of an employee/union steward that the nursing home had discharged. °
  • Acted as counsel to a national distributor of electronic equipment in obtaining injunctive relief against the client's former marketing director for violating the Illinois Trade Secrets Act in the Circuit Court of Cook County, Illinois. Prior to the employee's resignation, he had e-mailed confidential marketing information to his home computer and from there to his new employer, a competitor. The competitor settled. The court ordered the information to be returned, ordered him to pay a substantial part of the client's legal fees and costs , and enjoined the employee from working for 16 competitors for one year.°
  • Acted as counsel to a textile manufacturer in a bench trial in a suit brought by a former employee alleging that he had been constructively discharged and discriminated against in the terms and conditions of his employment because of his race in the U.S. District Court for the Middle District of Alabama. The court entered judgment for the employer.°
  • Acted as counsel in FLSA litigation for a national linen service in a U.S. Labor Department investigation and obtained opinion from the Department's Chicago Area Wage-Hour Administrator that a route supervisor at one location of the employer's was an "executive employee" who was exempt from the payment of overtime under the FLSA. Resulted in the opinion letter served to prevent efforts to obtain non-exempt status by or on behalf of such employees at the employer's other locations around the country.°
  • Amalgamated Service and Allied Industries Joint Board, ACTWU v. NLRB, 815 F. 2d 225 (2nd Cir.) Represented a client in NLRB litigation and appeal of NLRB refusal to bargain order to challenge underlying NLRB certification of representative based on conduct by the union's observers during the NLRB election.°
  • Acted as counsel to a national entertainment company in its defense against the EEOC's attempt to obtain temporary injunctive relief on behalf of the client's corporate vice president of human resources pending trial on the merits of the vice president's claim that he had been discharged for leading a protected protest against the company's alleged discriminatory practices in the U.S. District Court for the Northern District of Illinois, Eastern Division. The court denied the EEOC's motion to require the client to reinstate the employee pending trial on the underlying merits of his discharge claim.°
  • Obtained summary judgment in favor of a vocational services organization in a suit alleging that the organization, along with the State Police of Illinois, had engaged in racial discrimination because the police had refused to grant the plaintiff access to state police headquarters for vocational training due to his criminal record. Davis v. Jewish Vocational Service and Illinois State Police, 2010 U.S. Dist. LEXIS 26789 (N.D. Ill.); appeal dismissed, unpublished 7th Circuit decision.°
  • Acted as a member of trial team that obtained a jury verdict after a two-week jury trial for a regional bank in a suit brought by a former senior officer who alleged that he had been discharged from employment because of his race.°

°The above representations were handled by Mr. Mocerf prior to his joining Greenberg Traurig, LLP.

  • Arbitrator, American Arbitration Association, 2010
    • Panel Member, Employment Disputes
  • Attorney, National Labor Relations Board, 1971-1973

Recognition & Leadership

  • Listed, Super Lawyers magazine, Illinois Super Lawyers, 2005, 2007-2018
  • Listed, Leading Lawyers Network, Illinois, 2005-2018
  • Team Member, "Excellence in Pro Bono Service," Judges of the U.S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association, 2009
  • Rated, AV Preeminent® 5.0 out of 5

AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Member, Jewish United Fund of Metropolitan Chicago, JUF/IEF Annual Campaign, Lawyers Division, 1996-Present
  • Board Member, Anixter Center, Board of Directors, 2001-2006
  • Member, Anti-Defamation League Tribute to Tom Balanoff, Dinner Committee, President Local 73, SEIU, 1998
  • Board Member, Chicago Anti-Cruelty Society, Board of Directors, 1990-1998
    • First Vice President, 1997-1998
  • Member, American Bar Association, Labor and Employment Law Section
  • Member, Chicago Association of Commerce and Industry
    • Co-Chairman, OFCCP Liaison Group, 1985
  • Member, Illinois State Bar Association
  • Member, Little City Foundation, 1993-1997
    • Committee Member, National Basketball Association Players Awards Dinner, 1993-1997

Credentials

Education
  • J.D., University of Louisville Louis D. Brandeis School of Law, 1971
  • B.A., Washington and Lee University, 1968
Admissions
  • Illinois
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of Illinois
  • Supreme Court of the United States