Mr. Glass is an associate in the Labor and Employment Practice Group of Haynes and Boone.
He has assisted employers in a wide variety of labor and employment matters, including:
- Employment Litigation: Mr. Glass has assisted in the defense of clients during EEOC investigations and civil trials, including obtaining summary judgment for clients in matters involving Title VII, ADA, ADEA, sexual harassment and retaliation claims.
- Labor Relations: Mr. Glass has successfully defended clients against Unfair Labor Practice charges, including alleged discriminatory discharge and bad faith bargaining allegations, before various regional offices of the National Labor Relations Board. Mr. Glass has also served as company spokesman in collective bargaining negotiations.
- Labor Arbitration: Mr. Glass has assisted in investigating, preparing and arbitrating both discipline/discharge and contract interpretation matters. He has also prepared post-arbitration hearing briefs, resulting in favorable awards in arbitration proceedings involving a variety of issues, including, for example, discharge pursuant to a last chance agreement and a job classification wage rate dispute.
- Advice and Counsel: Mr. Glass regularly provides advice and counsel to employers concerning both traditional labor and employment issues, including strategies for establishing and maintaining union-free operations, minimizing risks of litigation, employment policies and employment agreements.
Recent Publications and Presentations
- Emerging Issues in Electronic Discovery: Legal and Ethical Obligations Involving Electronic Evidence (June 2004)
- Show Me the Money: The New FLSA Regulations and Dealing with the Class Action Onslaught (Summer 2005)
Honors
- Selected for inclusion in Texas Super Lawyers - Rising Stars Edition 2009
Selected Representative Experience
Advising a Major Health Care Provider
Provided advice and counsel concerning issues relating to unfair labor practices, challenging neutrality agreement and access policies. Provided advice relating to arbitration regarding labor contract and employee relations issues.
Representation of Large Medical Center
Successful representation of hospital in NLRB-conducted election in RN unit. Hospital prevailed by a 2-to-1 margin with a bargaining unit of nearly 800 employees. Successful defense of numerous unfair labor practice claims arising out of union campaign, relating to alleged unlawful discharges, interference with employee rights and challenges to solicitation, distribution and access policies. Provided follow-up advice and counsel, supervisory and management training.
Workflow Solutions LLC v. Laughlin and Bryant
Filed lawsuit against former employees for violation of employment agreement and fiduciary duties. After trial, the court issued a permanent injunction against former employees, and ordering disgorgement of profits received from clients.
Online Publications
07/31/2009 -
Employers Beware: Unions Win Battle in War Over E-Mail Use
With the advent of information technology, union supporters have frequently used employer e-mail systems to solicit support during union organizing campaigns. Recognizing the difficulty in monitoring these activities, the National Labor Relations Board (NLRB), in Register-Guard, concluded that employees have no statutory right to use an employer’s e-mail system for union-related activities.
05/27/2009 -
Weathering the Storm: Retiree Benefits and Section 1114
Retiree benefits are often a central issue in bankruptcy cases. For many employers the high cost of retiree medical benefits has been a significant contributing factor to the Chapter 11 filing and a matter of ongoing concern if the debtor is to be able to successfully reorganize. Understandably, employees, retirees and unions are equally concerned about the status of retiree benefits. This alert discusses Section 1114 of the Bankruptcy Code.
04/22/2009 -
Texas Supreme Court Provides Greater Protection to Employers Seeking to Enforce Non-Compete Covenants
Building on its 2006 decision in
Alex Sheshunoff Management Services, L.P. v. Johnson, 209 S.W.3d 644 (Tex. 2006), the Texas Supreme Court has further expanded the enforceability of non-compete covenants in the at-will employment setting. In
Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, No. 07-0490 (Tex. April 17, 2009), a decision with significant practical implications for Texas employers, the court held that an employer’s implied promise to provide confidential information to an at-will employee may give rise to an enforceable covenant not to compete.
01/11/2008 -
Employer Email No-Solicitation Policies
It is well-established that employees have the right, under the mutual aid and protection clause in Section 7 of the National Labor Relations Act (“NLRA”), to solicit coworkers on non-working time and to distribute literature to coworkers in non-work areas.
02/02/2006 -
Preservation of Electronic Evidence
Legal and Ethical Obligations Involving Electronic Discovery and the Proposed Federal Rules of Civil Procedure