I. Harold Koretzky is a founding partner of the firm. He received his B.S. degree from the Louisiana State University in New Orleans and his J. D. degree from Loyola University School of Law. Mr. Koretzky served with the National Labor Relations Board (“NLRB”) in both New Orleans and Washington D.C., culminating in the position of Deputy Assistant General Counsel. Since leaving the NLRB, he has represented management clients in labor and employment law matters, and has extensive experience in representing employers in collective bargaining negotiations, arbitrations, and mediations, and before various state and federal agencies and courts at both the trial and appellate levels. Mr. Koretzky is a member and past chairman of the Labor Law Section of the Louisiana State Bar Association, a member of the Labor and Employment Law Section of the American Bar Association (“ABA”), and served as the Management Chair of the ABA’s Committee on Practice and Procedure Under the NLRA from August 2001 thru August 2005. He is a frequent speaker on, and has developed and presented numerous management-oriented programs addressing the broad range of labor and employment law issues impacting employers. Mr. Koretzky has been an adjunct faculty member of Loyola University School of Law, having taught the course in labor law, and is a Fellow to the College of Labor and Employment Lawyers.
Lackey et al. v. SDT et al., 2:11-cv-01087-JTM-KWR, wage & hour collective action, defendants’ Daubert motion to exclude testimony/report of plaintiffs’ expert witness granted August 6, 2014 by Judge Milazzo (E.D. LA).
Disability discrimination charge against Louisiana Lighthouse withdrawn during EEOC mediation (July 3, 2014).
VSE Corporation (Case No. 15-RC-106360, August 12, 2013), objections to election withdrawn on eve of objections hearing by International Association of Machinists and Aerospace Workers, AFL-CIO.
Successfully defended sprinkler fitter contractor in an unfair labor practice trial before an administrative law judge of the National Labor Relations Board that resulted in an unprecedented decision recommending a change in current NLRB law, urging the NLRB to modify Staunton Fuel & Material, 335 NLRB 717 (2001), a/k/a Central Illinois; employer’s obligations to union deemed to have expired at termination of parties’ collective bargaining agreement and not ongoing as alleged even though employer earlier signed an acknowledgment of an ongoing relationship with union, Austin Fire Equipment, LLC and Road Sprinkler Fitters Local Union No. 669. U.A.,AFL-CIO (JD (ATL) 32-11 November 29, 2011)). Affirmed by the NLRB on September 28,2012 (359 NLRB No. 3).
Summary judgment granted in employer’s suit to vacate an arbitration award which sought to reinstate chemical plant operators failing to promptly notify supervision of a spill observed on their departure from the facility; union’s cross motion for summary judgment on the reinstatement issue denied (underlying arbitration decision denied back pay), Albemarle Corporation v. The United Steel Workers’ on behalf of AOWU Local 103, No. 10-387, 2011 WL 5854707 (M.D. La. November 21, 2011).
Albemarle Corporation (Orangeburg, Pasadena, Texas – August 11, 2011), four month union negotiations on behalf of employer resulting in company’s final offer - including reduction in committeemen, consolidation of departments, operational flexibility and unilateral right to alter benefits – ratified following series of extensions and avoiding work stoppage.
Albemarle Corporation (Orangeburg, South Carolina – May 28, 2010), union negotiations resulting in company’s final offer - including consolidation of departments/operational flexibility and unilateral right to alter benefits – being ratified prior to contract’s midnight expiration with work stoppage avoided.
Hoist & Crane Service Group, 4-RC-21678, May 19, 2010: Philadelphia, PA office of National labor Relations Board approves Teamster’s requested withdrawal of representation petition just two days before scheduled NLRB election.
Regina Faye Taylor v. Albemarle Corporation, United States Court of Appeals, Fifth Circuit, No. 07-30375 (July 1, 2008 [oral argument June 2, 2008], affirming District Court's grant to defendant Albemarle Corporation of summary judgment in Civil Action No. 04-398-JVP-DLD (M.D. LA March 29, 2007) (District Judge adopted Magistrate Judge’s report recommending the grant of our motion for summary judgment and dismissal with prejudice of former employee's claims of age, gender and race discrimination and retaliation in connection with former employee's termination as part of defendant Albemarle Corporation's reduction in force).
Moss McCarty, Jr. v. Chevron North America Exploration & Production Co., a division of Chevron USA Inc., American Arbitration Association Case No. 69 160 3601 07 – Award of Summary Judgment (May 22, 2008) dismissing racial harassment, retaliation and failure to promote claims and sustaining company’s res judicata defense as to complainant’s pre-promotion background claims of harassment and retaliation.
Gwendolyn Blackwell, Demona Harrison and Ophelia Wilson Walker vs. Albert Laque, St. Charles Parish President, United States Court of Appeals, Fifth Circuit, No. 2:05-CV-02105 (April 24, 2008) - defendant-appellant St. Charles Parish President Albert Laque’s interlocutory appeal granted, reversing district court’s denial of summary judgment on the defense of qualified immunity as to the claim of denial of due process.
United Steel Workers International Union (Local 6000) v. Albemarle Corporation, Civil Action No. H-06-3556 (S.D. Tex. June 28, 2007) (following summary judgment briefing on behalf of our defendant-employer client, Magistrate Judge granted plaintiff-union’s motion to dismiss with prejudice plaintiff-union’s NLRA Section 301 suit to compel arbitration of retiree medical benefits).
General Drivers, Warehousemen and Helpers Local Union No. 509, affiliated with the International Brotherhood of Teamsters, AFL-CIO v. Albemarle Corporation, 2006 WL 1207887 (D.S.C.), C.A. No. 5:05-3380-MBS (U.S.D.C., S.C., Orangeburg Division) (Motion to Dismiss granted May 3, 2006, in case of first impression, dismissing Teamsters’ NLRA Section 301 suit to compel arbitration; appeal dismissed June 13, 2006).
Moss McCarty v. Chevron U.S.A., Inc., et al., CA. No. 1:04cv106-LG-RHW (S.D. of Miss.) (defense of suit alleging failure to promote racial discrimination, harassment and retaliation; dismissal with prejudice, May 1, 2006).Anthony Kenner vs. St. Charles Parish and St. Charles Parish Department of Public Works, Civil Action No. 02-2990, Section F, Mag. 4, United States District Court, Eastern District of Louisiana (dismissing race discrimination claims), aff’d, 2005 WL 3211224 (5th Cir. November 30, 2005); petitions for rehearing denied (5th Cir. January 10, 2006).
EEOC v. Liberty Corporation, Civil Action 1:04 cv 740 WJG-JMR (S.D. Miss., So. Div.) - defended pregnancy discrimination failure to promote suit brought by the EEOC against WLOX-TV (Gulfport, MS), dismissed December 22, 2005.Favorable ruling in American Arbitration Association arbitration of Zimmer v. Genvis (November 30, 2005) in which the employee’s claims for breach of written employment contract and for penalty wages and attorneys’ fees pursuant to the Louisiana Wage Payment Statute were denied.
Calvin C. Dixon v. Albemarle Corp., 2005 WL 1503470 (S.D. Tex. June 7, 2005) (summary judgment ruling dismissing multiple claims including ADA, EEOC retaliation, ERISA retaliation, and ADEA claim).
White v. St. Charles Parish, CA. No. 03-1258(A)(2) (E.D. La.) (defense of suit alleging racial discrimination, harassment and retaliation; dismissal with prejudice, April 2004).
Howarth v. Albemarle Corporation, CA. No. 02CV1131(M.D. La.) (defense of state court suit removed to federal court alleging discharge in violation of Louisiana’s whistleblower statute, resulting in dismissal with prejudice, November 2003).
Williams v. Evergreen Presbyterian, Inc., No. 1:03CV00710 (W.D. La., docketed April 17, 2003) (race discrimination claims dismissed with prejudice)
Loescher v. Chevron Chemical Company, LLC, No. 2:01CV03491 (E.D. La., docketed November 20, 2001) (disability discrimination claims dismissed with prejudice)
Reid, et al. v. Ethyl Corporation, et al., 207 F. Supp.2d 499 (M.D. La. 2001) (granting Daubert motion by Ethyl Corporation and its successor company, Albemarle Corporation, to exclude the testimony of plaintiffs’ proffered statistical expert in a case brought by ten former employees alleging that their termination as part of a spin-off and reduction in force was in violation of the Age Discrimination in Employment Act; plaintiffs moved to retain a new statistical expert, but this motion also was successfully defended).Summary judgment dismissals granted in twelve separate suits by five district court judges from all three federal district courts. The suits arose from reductions-in-force, and allege age, sex, race, national origin and disability discrimination. Of the six dismissals, which were appealed, five were upheld, with one pending before the U.S. Court of Appeals for the Fifth Circuit as of this writing; two of the five dismissals successfully defended on appeal involved oral argument. Voluntarily dismissed: Chen v. Albemarle Corp., No. 96-7326 (M.D. La. July 24, 2000); dismissed by summary judgment and not appealed: Savoy v. Albemarle Corp., No. 97-78 (M.D. La. January 13, 2003); Taylor v. Albemarle Corp., No. 97-76 (M.D. La. April 27, 2001); Woodard v. Albemarle Corp., No. 97-210 (M.D. La. March 10, 2000); Stricker v. Albemarle Corp., No. 96-7310 (M.D. La. January 14, 2000); Hu v. Albemarle Corp., No. 96-7309 (M.D. La. March 30, 1999); Jones v. Albemarle Corp., No. 97-10 (M.D. La. November 24, 1998); dismissed by summary judgment and affirmed on appeal: McVicker v. Albemarle Corp., No. 00-309635 (5th Cir. March 15, 2001); Delapasse v. Albemarle Corp., No. 00-30471 (5th Cir. February 12, 2001); Grantham v. Albemarle Corp., No. 00-30465, 252 F.3d 434 (5th Cir. December 14, 2000); Kass v. Albemarle Corp., No. 00-30044 (5th Cir. June 7, 2000); Pullam v. Albemarle Corp., No. 99-31364 (5th Cir. May 10, 2000); and Creaghe v. Albermarle Corp., 2004 U.S. App. LEXIS 9008 (5th Cir. 2004).
Local 100, Service Employees International Union, AFL-CIO v. Progressive Healthcare Providers, Inc., No. 00CV197 (M.D. La. Dec. 18, 2000) (granting employer’s motion to dismiss suit brought in federal court by union to compel arbitration of discharge grievance pursuant to the National Labor Relations Act and the parties’ collective bargaining agreement).
Successfully defended case for employer in decision vacating adverse arbitration decision, Chevron Chemical Co. v. Oil, Chemical & Atomic Workers International Union, AFL-CIO, Local 4-447, No. 99-31245 (5th Cir. July 12, 2000).
Kelly v. Chevron Chem. Co., C.A. 99-0583 (E.D. La.) (wrongful termination suit dismissed on motion for summary judgment, January 2000).Rabalais v. St. Martin’s Episcopal Sch., C.A. No. 95-3768 (E.D. La.) (sex discrimination failure to promote suit dismissed with prejudice on motion for summary judgment, January 1998).
Lemar v. Chevron Chem. Co., C.A. No. 93-3959 (E.D. La.) (defense of race discrimination failure to promote claims, resulting in dismissal with prejudice, October 1997).
Beckendorf v. Schwegmann Giant Super Mkts., 4 Wage & Hour Cas. 2d (BNA) 315 (E.D. La. 1997), aff’d without op., 134 F.3d 369 (5th Cir. 1997) (affirming summary judgment dismissal of suit alleging termination in violation of FMLA and anti-retaliation provisions of Title VII).
Chevron Chemical Co. v. Oil, Chemical & Atomic Workers Local Union 4-447, 47 F.3d 139, 19 E.B.C. (BNA) 1362 (5th Cir. 1995). (succeeding on appeal in dismissing ERISA suit brought by union challenging employer’s implementation of benefits).
Plummer v. Marriott Corporation, 94-2025 (La. App. 4th Cir. 4/26/95) 654 So. 2d 843, cert. den., 660 So. 2d 460 (La. 1995). (reversal on appeal of jury award for alleged racially discriminatory constructive discharge, a case of first impression).
Grievance on behalf of terminated long term employee filed by Plumbers Local No. 60 denied (Arbitrator Barry Baroni, October 7, 2014, FMCS No. 13-57554-7).
United Steelworkers Union grievance alleging subcontracting violations by Albemarle Corporation withdrawn by union on October 1, 2014, with arbitration scheduled for hearing on October 21, 2014 (Arbitrator Sam Nicholas).
Grievance by International Brotherhood of Electrical Workers Local 716 against Albemarle Corporation for alleged violation of parties’ collective bargaining agreement in denying change clothes time at end of work day denied (Arbitrator Don E. Williams, May 29, 2013, FMCS No. 100806-58877).
Albemarle Corporation (Orangeburg, SC), FMCS No. 10-59252-6 (Arbitrator Don. E. Williams, May 22, 2011) (upholding progressive discipline discharge of long term chemical plant operator for failure to adhere to safety polices).
Albemarle Corporation, FMCS No. 09-56951 (Arbitrator J. O’Reilly, May 17, 2010) (upholding fourteen month suspension without pay for failure to promptly report chemical spill; federal district court suit to vacate arbitration award as to reinstatement of chemical facility’s operators filed June 1, 2010).
Albemarle Corporation, FMCS No. 090727-58563.3 (Arbitrator E. Stephens, May 24, 2010) (upholding employer’s discipline for failure to report incident promptly and for absenteeism, and dismissing as untimely and not arbitrable grievant’s claim for paid personal illness day in connection with work-related injury).
Ethyl Corporation, FMCS No. 07-52693 (J. Woodward August 14, 2008) (upholding seven day disciplinary suspension and final warning issued 19 year chemical plant operator for anonymously submitting a bogus test as part of responsible care safety training). Ethyl Corporation, FMCS No. 05-51373 (D. Hays 12/16/05) (upholding discharge of long term employee for failure to report safety incident and for not being forthcoming in investigation).
Albemarle Corporation, FMCS No. 05-50144 (F. Jay Taylor 11/28/05) (denial of back pay [sixteen months] for long-term employee failing to follow company sick leave pay polices).Chevron Oronite Company, FMCS 030403 05336-3 (S. Nicholas, 2004) (rejecting PACE’s challenge to company’s right to discontinue its drum fill operations and contract out such work).
Albemarle Corporation, FMCS No. 000720-08934-3 (D. Goodman, 2001) (upholding company’s retained management right to implement a 12-hour shift schedule for employees represented by PACE).Chevron Chemical Company, Grievance No. REL-2-00 (H. Leeper, 2001) (affirming discharge of PACE-represented employee for harassment of co-workers in violation of company’s harassment policy).
Ethyl Corporation, FMCS No. 990702-05894-3 (T. Reeves, 2001) (upholding discharge of long-term PACE bargaining unit employee for violation of company’s policy requiring operators on an outgoing shift to meet “man to man” with the oncoming shift before departing from work).
Albemarle Corporation, FMCS No. 01-02573 (T. Cipolla, 2001) (affirming company’s right to subcontract work under the management rights and subcontracting provisions of its collective bargaining agreement with the PIPEFITTERS).
Ethyl Corporation, FMCS No. 99-13535 (R. Britton, 2000) (affirming discharge of PACE-represented employee for violation of “man to man” relief rule; the “man to man” requirement was held to be a “critical, safety-related policy”).
Ethyl Corporation, FMCS NO. 98-1112-17348-3 (D. Williams, 1999) (upholding termination on the basis of a single operator error by OCAW-represented employee despite the absence of physical injury and the employee’s previously clean disciplinary record).
Ethyl Corporation, FMCS No. 98-1112-17350-3 (D. Williams, 1999) (affirming discharge of PACE-represented employee for operations errors under progressive discipline policy).
Albemarle Corporation, FMCS No. 97-20550-6 (J. Woodward, 1998) (upholding discharge of OIL WORKERS–represented employee for failing to meet fitness for duty requirement due to safety-related workplace incidents).
Albemarle Corporation, FMCS No. 96-18107-1 (B. Baroni, 1997) (affirming discharge of PIPEFITTERS-represented employee for operating errors and safety violations pursuant to a progressive discipline system).
Ethyl Corporation, Grievance No. 21300 (H. Leeper, 1996) (affirming discharge of OCAW-represented employee for operating errors and safety violations pursuant to a progressive discipline system).
Albemarle Corporation, FMCS No. 95-24348 (D. Massey, 1996) (upholding discharge of OCAW-represented 20-year employee for theft of company property).