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Michael Westcott
Contact Information:
Phone: 608.283.6722
Email: mwestcott@axley.com
Legal Assistant: Jean Karls
Phone: 608.283.6771
Email: jkarls@axley.com
Michael Westcott is a partner and member of the Labor and Employment Practice Group at Axley Brynelson, LLP, as well as a member of the firm's Executive Committee. Mr. Westcott represents management in all facets of labor and employment law matters. He represents private and public sector employers in union organizational drives, labor negotiations, grievance and interest arbitration hearings, and unfair labor practice hearings. A large portion of his practice also involves litigating employment discrimination claims on behalf of employees. He regularly advises employers on worker's compensation, unemployment compensation, employee handbooks and policies and other related personnel issues. He represents employers before the Wisconsin Employment Relations Commission, the National Labor Relations Board, the Occupational Safety and Health Commission, the Wage and Hour Division of the United States Department of Labor, the Wage and Hour Division of the State of Wisconsin Equal Rights Division, and federal, state and local administrative agencies concerning employment discrimination matters. Mr. Westcott also spends a significant amount of time advising health care employers in the labor and employment law implications of mergers and integrations.
Mr. Westcott frequently speaks on labor and employment-related issues before civic and business groups. He also regularly conducts training seminars for clients of Axley Brynelson on issues including sexual harassment, maintaining a non-union environment, interviewing techniques, avoiding fair employment claims and related subjects.
Significant Representations:
- Representation of construction companies in various trades in collective bargaining with trade unions
- Representation of construction companies in withdrawal from multi-employer bargaining units as well as multi-employer pension plans
- Representation of construction companies in compliance with Davis-Bacon Act as well as OFCCP proceedings
- Representation of a unionized acute care hospital in merger with non-union acute care hospital
- Representation of acute care hospitals in wage and hour audits conducted by U.S. Department of Labor and Wisconsin Department of Workforce Development
- Representation of hospitals, nursing homes, assisted living facilities and retirement living facilities in representation hearings before the National Labor Relations Board
- Representation of national blood banks in discrimination cases before the EEOC, the Wisconsin Equal Rights Division and the Illinois Department of Human Rights
- Defense of numerous health care facilities in claims brought under the Wisconsin Health Care Providers Protection Act
- Defense of financial institutions in discrimination claims before the EEOC and Equal Rights Division
- Representation of financial institutions during strikes and in collective bargaining
- Representation of Milwaukee high-pressure vessel manufacturer in successfully obtaining significant wage concessions at bargaining table and dismissal of resultant bad faith bargaining unfair labor practice charges
- Defense of manufacturers in age discrimination proceeding before the Equal Rights Division and EEOC
- Defense of state of Wisconsin in federal court in defense of age discrimination, retaliation and 1983 due process claims
- Representation of various local municipalities in defense of gender, age, race and sexual harassment claims
- Representation of numerous local municipalities in collective bargaining and interest-arbitration proceedings
- Representation of school districts in prohibited practice proceedings before the Wisconsin Employment Relations Commission
- Presentation of in-house training to various 501(c)(3) entities regarding hiring, discipline, wage and hour issues, harassment in the workplace, FMLA compliance and FLSA compliance
- Representation of various not-for-profit organizations in the provision of day-to-day employment law and advice and compliance assistance
- Representation of telephone company in New York regarding determination of the appropriate bargaining unit and defense of technical 8(a)(5) violation before NLRB in Washington, D.C.
- Representation of Michigan telephone company in defeating union organizational drive
- Successfully obtained dismissal of OSHA charges and settlement with reduced penalties and fines on behalf of gas and electric companies
- Representation of communications company in entering into project-only bargaining agreements with labor union in order to avoid disruption of work on the project
- Representation of marketing company in breach of contract and wage claim action based on alleged executive compensation agreement
- Representation of dental equipment company regarding claims brought by former CEO regarding alleged entitlement to ownership and interest in company
- Representation of service companies in drafting and enforcing covenants not to compete
Professional Associations and Achievements:
- Board member, Madison Festivals, Inc.
- Former member, City of Verona Police and Fire Commission
- Member, Labor Law Section, American Bar Association
- Member, Labor Law Section, State Bar of Wisconsin
- Member, Society for Human Resource Managers
- Named a top Employment Law - Management, Labor Law - Management, and Litigation - Labor and Employment attorney in The Best Lawyers in America
- Named a Wisconsin Super Lawyer in employment and labor law by Wisconsin Super Lawyers and Rising Stars magazine
Selected Presentations and Publications:
- Speaker, "Employment Law Update." Madison, Wisconsin. Nov. 2011
- Author, "Conditional privilege for employment references." Wisconsin Employment Law Letter. Oct. 2010.
Education:
J.D., Marquette University
B.A., cum laude, Carthage College
Practice Areas:
Labor & Employment Practice Group, Collective Bargaining & Representation of Management in Union Matters, Construction, Contract Negotiation & Drafting, Employee Benefits, Employee Handbooks, Policies & Procedures, Employee Hiring, Discipline & Discharge, Employment Audit, Employment Contracts & Restrictive Covenants, Employment Discrimination, Employment Law, Employment Litigation, Health Care, OSHA & Employee Safety & Health Matters, Representation of Public Sector Employers, State & Federal Family & Medical Leave Acts, Wage & Hour, WARN Act, Worker's Compensation & Unemployment Compensation, Workplace Harassment
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