With some 20 years of experience, Kenneth L. Wagner is widely recognized by union leaders and individual employee executives as a highly capable attorney for labor and employment work before federal and state courts, administrative agencies and arbitration tribunals.
Areas Of Practice
- B.A., University of California, Los Angeles, 1984
- Departmental Honors (Philosophy)
- Visiting Student, 1980-81, Trinity College, Dublin, Ireland
- J.D., Syracuse University College of Law, 1990
- Graduated Cum Laude
- Justinian Honorary Law Society
Bar & Court Admissions
- New York State Courts (1991)
- U.S. District Court, Northern and Western Districts of New York (1993)
- United States Court of Appeals, Second Circuit (2000)
- United States Court of Appeals, First Circuit (2011)
- Successfully defended construction industry union against member’s federal court lawsuit alleging disparate impact age discrimination; defense verdict was issued following three-day trial.
- Successfully defended local and international unions in complicated federal court litigation against multiple claims of race and gender discrimination brought by employees of large manufacturing plant; summary judgment granted by district court and upheld by circuit court of appeals.
- Represented and advised statewide and local police unions in multiple contract negotiations and related interest arbitration proceedings.
- Represented truck drivers union in NLRB proceeding and related federal court litigation challenging employer’s attempt to shut down facility and re-open under different name; negotiated comprehensive settlement agreement on behalf of union and affected employees.
- Represented unions in scores of grievance arbitration proceedings challenging employers’ action in disciplinary and discharge matters and a wide variety of contract interpretation disputes.
- Represented senior executive in state-court litigation and successful settlement negotiations in connection with employment contract dispute with former employer.
- Has extensive experience reviewing employment separation agreements, and providing advice and representation to individual employees, including highly compensated executives and professionals.
- Successfully defended former executive director of non-profit human services agency against sexual harassment claims brought in state court by former subordinate.
- Our Deal Trumps My Bargaining Rights Only if I Said So: The Board’s Reaffirmation of Its Waiver Doctrine in Unilateral Change Cases, 25 ABA Journal of Labor & Employment Law 1, Fall 2009
- The Developing Labor Law, 5th Edition, 2006, Editor
- The Developing Labor Law, 4th Edition, 2001, Associate Editor
- The Developing Labor Law, Cumulative Supplement, Editor-in-Chief, 2004-2005, Associate Editor, 1998-2003, 2007-2010, and Contributing Editor, 1995-1997
- “No” Means “No” When a Party “Really” Says So: The NLRB’s Continued Adherence to the Clear and Unmistakable Waiver Doctrine in Unilateral Change Cases, 13 The Labor Lawyer 325, Fall 1997
- May 14, 2010, NLRB Region 3/NYSBA/Cornell University-ILR Conference, Depew, NY, “Recent Developments on Critical Labor Relations Issues Before the NLRB — Unilateral Changes: Clear and Unmistakable Waiver or Contract Coverage?”
- March 3, 2009, DLL Midwinter Meeting, San Diego, CA, “Our Deal Trumps My Bargaining Rights Only if I Said So: The Board’s Reaffirmation of Its Waiver Doctrine in Unilateral Change Cases”
- May 20, 2005, PERB/Cornell University-ILR Conference, Tarrytown, NY, “Reaching a Settlement Without Interest Arbitration — A Perspective from the Union Side”
- May 9, 2003, NLRB Region 3/NYSBA/Cornell University-ILR Conference, Depew, NY, “The NLRB and the National Labor Relations Act: Recent Developments in the Law”
- February 18, 2003, DLL Midwinter Meeting, Puerto Vallarta, Mexico, “What Should the Bargaining Rights of a Discriminatory Successor Employer Be?”
- January 17, 2002, CNY Chapter, IRRA, LeMoyne College, Syracuse, NY, “Arbitration Skills Workshop”
- March 23, 2000, CNY Chapter, IRRA, LeMoyne College, Syracuse, NY, “Technology and Emerging Topics in Labor Law”
- January 5, 2000, Onondaga County Bar Association, Syracuse, NY “An Introduction to Certain Aspects of the National Labor Relations Act”
- February 3, 1997, DLL Midwinter Meeting, Puerto Vallarta, Mexico, “‘No’ Means ‘No’ When a Party ‘Really’ Says So: The NLRB’s Continued Adherence to the Clear and Unmistakable Waiver Doctrine in Unilateral Change Cases”
- November 14, 1996, New York State Bar Association Program, Albany, NY, “Labor and Employment Law for the Corporate Counselor and General Practitioner: Basics of Employee Compensation”
- May 25, 1993, Cornel University, NYS School of Industrial and Labor Relations, Ithaca, NY, “Employee Participation Programs after Electromation, Inc., 309 NLRB 990 (1992)”
- Onondaga County Bar Association
- New York State Bar Association (Member, Labor and Employment Law Section)
- American Bar Association (Member: Labor and Employment Law Section
- Committee on the Development of the Law under the National Labor Relations Act)
- Co-Chair: ABA Developing Labor Law Committee, 2003-2006, Midwinter Meeting Program, 2000-2003
- Member, Northern District of New York Federal Court Bar Association
- Member, Board of Directors, Legal Services of Central New York, 1997-2002 (President, 2000-2002)
- Member, Central New York Chapter, Labor and Employment Research Association
- Member, AFL-CIO Lawyers Coordinating Committee
- Member, Syracuse University Journal of International Law & Commerce, 1988-1989