James R. Redeker

Of Counsel-Retired

  • James R. Redeker
  • Phone: +1 215 979 1846

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  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

James R. Redeker represents both organized and unorganized companies in their personnel and labor relations. In that connection, he becomes directly involved in equal employment, wage and hour, occupational safety and health, collective bargaining, contract administration and National Labor Relations Act issues, representing companies before all enforcement agencies concerned with these matters as well as the courts. Clients include companies in the steel, chemical, manufacturing, retail, fabrication, construction, transportation, food, apparel, textile, restaurant, publishing, banking, warehouse, healthcare and hospital industries. Mr. Redeker has served as special counsel to some of the nation's largest companies to assist in solving unusual and difficult personnel and culture change issues. In addition, he has been retained as an expert witness to testify in litigation involving employee discipline and due process in the workplace.

Mr. Redeker is the "Subject Matter Expert" for Employee and Labor Relations for the Society for Human Resource Management (SHRM) in connection with the organization's certification program. Mr. Redeker has been a faculty member or sole presenter at many labor relations, personnel administration and equal employment seminars, including several sponsored by the federal government concerning the employment of handicapped and disabled persons. His seminars for employer associations have included such subjects as wrongful discharge, sexual harassment, drug and alcohol control, AIDS, employee discipline, methods for maintaining a union free company, combating union organizational drives, temporary/leased employees, violence control and prevention, investigating employee misconduct, high-risk terminations, succession planning, the rights of non-union employees under the NLRA and special problems involving white-collar employees.

Mr. Redeker was cited in 1994 by Business Philadelphia magazine as one of "Philly's 100 Hottest New Leaders." In 2008, he was named by Human Resource Executive magazine and Law Dragon as "one of the nation's Top 50 employment attorneys." In 2009, 2010, 2011, 2012, 2013 and again in 2014, Human Resource Executive magazine and Law Dragon has honored him as one of "The Nation's 100 Most Powerful Employment Attorneys." Mr. Redeker also has been named one of Pennsylvania's Super Lawyers every year since 2005.

In 1976, Mr. Redeker was honored by the Philadelphia Bar Association for his pioneering work in child abuse in conceiving of and establishing the Support for Child Advocates, an organization providing superior representation and related services to abused children. The Support Center today has a budget of approximately $2.5 million and has become a national model for providing legal representation to abused children.

Mr. Redeker has appeared on many occasions on radio and television as a labor commentator and, since 1986, has been a regular guest lecturer at The Wharton School of the University of Pennsylvania. Among his many appearances, Mr. Redeker was a featured speaker at a national conference on Employment-At-Will sponsored by the Bureau of National Affairs; at a series of lectures sponsored by the American Arbitration Association in Hartford, New York, Philadelphia, Atlanta and Miami on Alternative Dispute Resolution Systems; at the national convention of the U.S. Postal Workers Union on workplace due process; at a series of statewide seminars on Wrongful Discharge sponsored by the Pennsylvania Bar Association and the Cambridge Institute; at a national conference on Alternative Dispute Resolution sponsored by the Bureau of National Affairs; at the Conference on AIDS in the Workplace sponsored by the Chamber of Commerce of Greater Philadelphia and the Philadelphia Commission on AIDS; and at a national conference on AIDS Action Plans sponsored by the Bureau of National Affairs. Mr. Redeker also has delivered the keynote addresses at several industry national conventions. In 1987, he was retained by the Pennsylvania State Conference of Trial Judges to educate trial judges concerning the developments in Wrongful Discharge Law. Since 1983, Mr. Redeker has been a frequent speaker at conferences sponsored by the Pennsylvania Chamber of Business and Industry on myriad employment law issues.

Mr. Redeker is a widely published author in the areas of labor law and employee relations. Among his more than 100 articles and books are Strategies for Bargaining Fringe Benefits (Prentice Hall), How to Draft Contracts to Avoid Disputes (Bureau of National Affairs), Discipline: Policies, Procedures (1983), Employee Discipline: Policies and Practices (1989) (BNA Books, Inc.), Redeker on Discipline (five-hour audio cassette library, BNA Books, Inc.), and "Legal Aspects of Employee Participation Systems" in The Performance Imperative (1995) (Jossey Bass). Mr. Redeker has been a contributing editor of Personnel, the journal of the American Management Association, and is on the editorial board of The Human Resources Professional. He is listed in Who's Who in American Law; Who's Who in America; Who's Who Among Executives and Professionals 2008-2009; "Honors Edition," The Dictionary of Distinguished Americans; International Men of Achievement and The Sterling Who's Who. In 1989, he was named "Human Resource Professional of the Year" by the Philadelphia Chapter of the International Association of Personnel Women. 

Mr. Redeker is also the author of three works of fiction: “Aunt Gert and Crazy Eddie” is a collection of short stories, “Animus in Philly” and “Tears, Cheers , and Jeers” are thrillers. 

Mr. Redeker is a graduate of the University of Pennsylvania School of Law (J.D.), the University of Arkansas (M.A., with honors), and the Central University of Iowa (B.A., cum laude).

Representative Matters

  • Represented the Multi-Cultural Academy Charter School in Philadelphia in connection with the employees' decertification of the American Federation of Teachers (AFT) as their representative.

  • Represents nationally a large international specialty food manufacturer in union organizing, Nation Labor Relations Board actions and strategic union-free planning.

  • For more than 23 years, represented a bargaining association of all beer wholesalers in Southeastern Pennsylvania in negotiations with Teamsters Local 830, including trial of more than thirty arbitrations and unfair labor practice proceedings.

  • Represents one of the largest distributors of paper and other food service suppliers in Philadelphia region in collective bargaining and contract administration with Teamsters 107.

  • Since 1990 has represented a chemical company located in Philadelphia in its collective bargaining, arbitrations and contract administration issues with Teamsters Local 169.

  • Represents one of the largest drug and alcohol inpatient and outpatient facilities in their dealings with the SEIU.

  • Represents one of the nation's largest food processors in maintaining a union-free environment at its facilities nationwide.

  • Represents one of the largest meat processing companies in the Philadelphia area in maintaining a union-free facility.

  • Represents one of the nation's largest trucking and warehouse companies in maintaining union-free facilities nationwide and in unfair labor practice charges and trials.

  • Engineered numerous successful counter-organizational campaigns for clients with facilities in 19 states and advised numerous other companies and conducted supervisory training throughout the country with respect to union avoidance.

Areas of Practice

  • Labor Law
  • Employment Law

Admissions

  • Pennsylvania
  • Supreme Court of the United States
  • Supreme Court of Pennsylvania
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania

Professional Activities

  • American Bar Association
    - Labor Section
  • Pennsylvania Bar Association
    - Labor Section
  • Philadelphia Bar Association
    - Labor Section

Honors and Awards

  • Listed in The Best Lawyers in America, 2021-2024
  • Listed in 2021 Lawdragon 500 Leading U.S. Corporate Employment Lawyers for Labor & Employment
  • Listed as a Top Rated Lawyer in Labor & Employment by American Lawyer Media and Martindale-Hubbell™

  • Listed in Pennsylvania Super Lawyers

  • Philadelphia Bar Association
    - Fidelity Bank Award, 1976
  • U.S. Department of Health and Human Services
    - Distinguished Volunteer Award, for leadership in protecting the rights of abused children, 1983
  • Human Resource Executive
    - Employment Lawyers Hall of Fame (2016 Inductee)
    - One of the Top 100 Most Powerful Employment Attorneys in the U.S., 2009-2010 and 2012-2016
    - One of the Top 50 Employment Attorneys in the U.S., 2008
  • Business Philadelphia
    - One of "Philly's 100 Hottest New Leaders," 1994
  • Philadelphia Business Journal
    - One of the "Leaders in Law," 2008
  • Who's Who in America
  • Who's Who in American Law
  • Directory of Distinguished Americans
  • Men of Achievement, International Biographical Center
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Civic and Charitable Activities

  • Co-founder, Support Center for Child Advocates, a nonprofit organization dedicated to providing legal representation to abused and neglected children
  • Prince Music Theater
    - Former Chairman, Board of Directors
  • Pennsylvania State Chamber of Business and Industry
    - Former Member, Human Resources Advisory Committee
  • Former Member, Partnership for Economic Development of Greater Philadelphia First

Selected Publications

  • Co-author, "NLRB Decision Clarifies Wright Line Burden Applied in Mixed Motive Cases," Duane Morris Alert, September 5, 2023
  • Author, "Pouring Salt Into Self-Inflicted Wounds: The Reemergence of Salts to Unionize Employees," Employee Relations Law Journal, Summer 2023
  • Co-author, "NLRB Upends Severance Agreement Rules Employers Routinely Live By," Duane Morris Alert, February 27, 2023
  • Co-author, "NLRB Rings in New Year with Impactful Case Law and New Rules Employers Need to Know," Duane Morris Alert, January 9, 2023
  • Author, "How NLRB Status Quo Rule Change Affects Employers," Law360, October 7, 2022
  • Author, "NLRB Stiff-Arms Circuit Court and Trump Board to Reinstate Workers with Four Years' Pay, Despite No Work for Them to Do," Duane Morris Alert, September 30, 2022
  • Author, "Promise Kept: National Labor Relations Board’s Pro-Union Bias," Employee Relations Law Journal, Winter 2022
  • Author, "Combating Micro-Units in the Age of a Pro-Union NLRB," Law360, July 19, 2022
  • Co-author, "Expanding Employees' Protected Speech and Broadening the Definition of Employer, the National Labor Relations Board Implements Its Agenda in Full Force," Duane Morris Alert, September 23, 2022
  • Co-author, "NLRB Likely to Bring Back Micro-Units, a More Narrow Definition of Independent Contractor and a Broader Definition of Joint Employer," Duane Morris Alert, January 20, 2022
  • Co-author, "NLRB General Counsel Memo Reinstates Position That Certain College Athletes Are Statutory Employees Under the NLRA," Duane Morris Alert, October 12, 2021
  • Co-author, "Third Circuit Upholds National Labor Relations Board's Return to Pre-Obama Deferral Standard," Duane Morris Alert, July 22, 2021
  • Co-author, "NLRB Restores Longstanding Standard for Disciplining Employees Prior to First Labor Contract," Duane Morris Alert, June 30, 2020
  • Co-author, "NLRB Issues Final Rule on Joint-Employer Status and Returns to Pre-2015 Standard," Duane Morris Alert, February 27, 2020

  • Co-author, "NLRB Curbs Union Access to Public Spaces on Employer's Property," Duane Morris Alert, June 27, 2019

  • Co-author, "NLRB Re-examines Individual Concerted Action Rule and Returns to Recently Abandoned Definition of Protected Concerted Activity," Duane Morris Alert, January 22, 2019

  • "3 Predictions After the Supreme Court's Blow to Public-Sector Unions," The National Law Journal, July 2, 2018

  • "Supreme Court Declares Union Fees Charged to Nonmember Public Employees Unconstitutional," Duane Morris Alert, July 2, 2018

  • "NLRB General Counsel Gives Employers Green Light to Restore Handbook Policies on Discipline and Productivity in the Workplace," Duane Morris Alert, June 11. 2018

  • "Major NLRB Decisions Affect All Employers," Duane Morris Alert, January 8, 2018

  • Featured in "Events," The Legal Intelligencer, October 17, 2017
  • "Columbia University Decision: More Pro-Labor Activism By The National Labor Relations Board," DMi Blog, October 5, 2016
  • "Smile: You're on my Camera" DMi Blog, February 23, 2016
  • "What's Next? More Bad News for Employers," DMi Blog, October 16, 2015
  • "Feeding Parasites," DMi Blog, September 29, 2015
  • "National Labor Relations Board General Counsel Issues Guidance on Rules of Conduct," Duane Morris Alert, March 25, 2015
  • "NLRB Tests Its Statutory Authority...Again...And Suggests More to Come," DMi Blog, October 28, 2014
  • "Obama's NLRB Deals Big Labor A Winning Hand: Part 1 and 2," Law 360, January 21, 2014
  • "California Enacts 22 New Employment Laws," DMi Blog, October 27, 2011
  • "EFCA by the Back Door," Human Resource Executive Online, December 21, 2010
  • "New NLRB Decision Likely to Aid Union Organizing ," Duane Morris Alert, December 15, 2010
  • "Violence Lurks Where You Work," Inside (New York State Bar Association Corporate Counsel Section), Winter 2010
  • "Employee Participation Plans in a Hostile Climate," Employee Benefit Plan Review, September 2010
  • "Managing in a Down Economy: Common Sense Won't Detect Every Pitfall," The Legal Intelligencer, July 21, 2010
  • Quoted in "Boston Globe union loses dispute over arbitration by Tresa Baldas, National Law Journal, August 14, 2009
  • "EFCA Deal May Clear Way for Action in September," Duane Morris Alert, July 20, 2009
  • "The Employee Free Choice Act and More—The Unions' Strategy to Stage a Comeback," The Metropolitan Corporate Counsel, April 2009
  • "Labor's Bail-Out Demands," The Metropolitan Counsel, January 2009
  • "The Legal Minefield of GM's Attempt to Cut Health Care Benefits for Its Workers," The National Law Journal, February 18, 2009
  • "How Employers Can Mitigate 'Card Check,'" The Philadelphia Inquirer, November 11, 2008
  • "How to Stay Union Free," Financial Week, November 2008
  • "A Tsunami of Union Organizing on the Way," Human Resource Executive, October 2008
  • "Labor Board's GC Gets Tough(er) on First Contract Shenanigans," The Metropolitan Corporate Counsel, October 2007
  • "When Professionals Also Supervise: The Kentucky Rivers Cases," The Metropolitan Corporate Counsel, November 2006
  • "The Legal Overlay to Succession Planning," Employee Relations Law Journal, Summer 2004
  • "Combating Recognition By Extortion: Employer Responses to Union Corporate Campaigns," The Metropolitan Corporate Counsel, March 2004
  • "The Consequences of Corporate Perfidy," The Metropolitan Corporate Counsel, November 2002
  • "Firing Without Fear - Part II," Human Resource Professional, March/April 2000
  • "Firing Without Fear," Human Resource Professional, July/August 1999
  • "Legal Aspects of Employee Participation," The Performance Imperative, Risher and Fay, editors, Jossey Bass, San Francisco, 1995
  • "Safe Methods of Employee Participation," HR Magazine, April 1993
  • "What the Clinton Administration Has in Store for Employers," The Human Resources Professional, Special Issue 1993
  • "Avoiding Costly Penalties for an Employee's Crime," Human Resources Professional, Spring 1992
  • "At Will Employment is Alive and Well in the Banking Industry," Banking Law Review, Volume 4, No. 2, Fall 1991
  • "How to Slay the Litigation Dragon and Keep Employee Disputes Out of Court," Human Resources Professional, Fall 1991
  • "Arbitrate Discrimination Claims," Philadelphia Business Journal, September 16-22, 1991
  • "In Harm's Way: Discrimination and Fetal Protection Collide," Human Resources Professional, Summer 1991
  • "When Peter Piper Picks His Peers," The Journal of Staffing & Recruitment, Spring 1991
  • "Sellers Beware," The Journal of Staffing & Recruitment, Winter 1990
  • "Code of Conduct as Corporate Culture," HRMagazine, July 1990
  • "Employers in the Crosshairs," The Journal of Staffing & Recruitment, Summer 1990
  • Employee Discipline: Policies and Practices, BNA Books, Inc., Washington, D.C., 1989
  • "Cautious Path Toward a Drug Free Workplace," New Jersey Law Journal, Practice Employment Law, December 21, 1989
  • Wrongful Discharge Under Pennsylvania Law, Cambridge Institute, 1989
  • "Stemming the Tide of Employment Litigation," Counselor, Winter 1989
  • "The Inhospitality of AIDS in Your Workplace," Hotel and Motel Management, November 12, 1989
  • "Preemployment Drug Testing: Necessary Defense or Costly Trap?" The Journal of Staffing & Recruitment, Fall 1989
  • "Avoiding a Union's Aim," Focus, August 16, 1989
  • "Avoiding AIDS Related Liability," Personnel, August 1989
  • "Sexual Stereotyping and Mixed Motives: The Price Waterhouse Case," Human Resource Professional, Summer 1989
  • "Recruitment in the '90s: Welcome to Hard Times," The Journal of Staffing & Recruitment, Summer 1989
  • "Profits Low? Your Employees May Be High," Personnel, June 1989
  • "Preventing Sexual Harassment in the Workplace," BNAC Communicator, Spring 1989
  • "Playing It Safe Pays Off Don't Find Out Accidentally You Need a Safety Program," Human Resources Professional, March/April 1989
  • "'WARN'--ING to Employers: The Plant Closing Law," Focus Magazine, January 25, 1989
  • "Testing Employees and Applicants for AIDS: When Knowledge May Be a Dangerous Thing," Focus Magazine, August 1988
  • "The Legal Ramifications of AIDS Discrimination," Business and Society Review, Summer 1988
  • "How to Protect Employers Who Test for Drugs and Alcohol Abuse," The Practical Lawyer's Manual on Labor Law No. 2, Spring 1988
  • "Criminal Accountability for Workplace Safety," Management Review, April 1988
  • "How to Protect Employers Who Test for Drug and Alcohol Abuse," Practical Lawyer, April 1987
  • "Supreme Court on Affirmative Action: Conflicting Opinions," Personnel, October, 1986
  • "Court Crippled Affirmative Action," Philadelphia Business Journal, October 6-12, 1986
  • "A New Approach to Employee Discipline," The Pennsylvania Lawyer, September 1986
  • "Resolving Employee Woes in a Non-Union Workplace," Business Review, September 1986
  • "Non-Punitive Discipline: It Works by Design," Personnel, November 1985
  • "Progressive Discipline: It Works Only by Accident," Personnel, October 1985
  • "VDU's v. Organized Labor: Issue Heats Up," Personnel, May 1985
  • "Employees: Employers May Face Liabilities," Focus, March 27, 1985
  • "The Legal Nightmares of Employee Leasing," Personnel Journal, February 1985
  • "Employee Relations Into the 1990's: Prometheus Unchained," 1984 Knitting Times Yearbook, January 1985
  • "Federal Court Finds NLRB's Employee Rights Posting Unlawful," DMi Blog, April 14, 2012
  • "Meeting The Challenges of Today's White Collar Employees," The State Chamber, Delaware State Chamber of Commerce, October 1984
  • "A New Breed: The Labor Lawyer-Consultant," Lawyer's Digest, June 1984
  • "Using Discipline as a Positive Tool to Increase Employee Productivity," Focus, May 16, 1984
  • "Employee Absenteeism - An Unnecessary Problem," Personnel Administrator, April 1984
  • "The Problem of Absenteeism and Tardiness: A Simple Solution," Resource, February 1984
  • Discipline: Policy, Procedure and Practice, BNA Books, Inc., Washington, D.C., 1983
  • "Redeker on Discipline," Audiocassette Library, BNA Books, Inc., Washington, D.C., 1983
  • Employment-At-Will: Restrictions on Management's Right to Fire, (Monograph), Pennsylvania Chamber of Commerce, 1983
  • "White Collars Lack Good Discipline," Philadelphia Business Journal, October 31 - November 6, 1983
  • Strategies for Bargaining Fringe Benefits, Prentice-Hall, Englewood Cliffs, N.J., (Monograph), 1980
  • "How to Draft Contracts to Avoid Disputes," Collective Bargaining, Negotiation and Contracts, Bureau of National Affairs, Washington, D.C., 1979
  • An Employer's Guide to the Rehabilitation Act of 1973, (Monograph), Penjerdel Corporation and the Greater Philadelphia Chamber of Commerce, 1975
  • A Guide to Employer Alternatives Within the Occupational Safety and Health Act, Pennsylvania Chamber of Commerce (Monograph), 1973
  • Apparel World: Series of 38 articles on a variety of Labor Law and Employee Relations issues, including: Employment-At-Will; Employee Discipline; Sexual Harassment; Controlling Employee Dishonesty; How to Bargain Concessions; Controlling Employee Absenteeism and Tardiness; Mid-Contract Transfers of Work from Union to Non-Union Operations; Decertifying a Union; Comparable Worth; and Limiting the Power of Labor Arbitrators

Selected Speaking Engagements

  • Speaker, "Surviving the Biden Blitz to Expand the Power and Spread of Unions," Duane Morris Institute (DMi), Webinar, September 9, 2021
  • Speaker, "Managing [with] a Union," Duane Morris Institute (DMi), Webinar, April 22, 2021
  • Speaker, "Managing [with] a Union," Duane Morris Institute (DMi), Webinar, December 15, 2020
  • Speaker, "NLRA Updates and Implications in the COVID-19 Era," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, November 10, 2020

  • Speaker, "Labor Law Updates," Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 7, 2019

  • Speaker, "High-Risk Terminations," Duane Morris Institute, November 8, 2018

  • Speaker, Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 3, 2017
  • Speaker, Duane Morris' Developments in Workplace Law and Practice 2015, Philadelphia, May 14, 2015
  • Speaker, "Developments in Workplace Law and Practice," Duane Morris' Developments in Workplace Law and Practice 2014, Philadelphia, May 8, 2014
  • Speaker, "High Risk Terminations," Duane Morris Institute Seminar, November 4, 2009; May 26, 2010; November 3, 2010; June 1, 2011; November 3, 2011; April 11, 2012; October 23, 2012; April 11, 2013
  • Speaker, "ALERT! Drones Striking Union-Free Employers! The NLRA for the Unwary," Duane Morris Institute Webinar, February 14, 2013
  • Speaker, "What All Employers Need to Know About the NLRB's Recent Insertion of Itself Into Non-Union and Union Work Environments," Duane Morris Institute Webinar, October 18, 2012
  • Speaker, "The Rights of Non-Union Employees Under the National Labor Relations Act," Duane Morris Institute Webinar, July 30, 2012
  • Speaker, "Independent Contractor Status Under Assault," Duane Morris Institute Seminar, February 24, 2010; May 23, 2012
  • Co-presenter, "Are you Prepared for 'Union Spring' 2012?" Duane Morris Institute Webinar, May 9, 2012
  • Speaker, "Succession Planning," Duane Morris Institute Seminar, December 2, 2009; April 21, 2010; November 11, 2010; June 9, 2011; December 1, 2011
  • Speaker, "Rapid Response Plans to Union Activity," Duane Morris Institute Seminar, October 12, 2011
  • Co-presenter, "Briefing on Proposed NLRB Rules Affecting Union Representation Elections & DOL Rules on Reporting," Duane Morris Institute Webinar, July 27, 2011
  • Speaker, "Labor Laws in the Construction Industry," Duane Morris Institute Webinar, July 8, 2011
  • Speaker, "NLRA for Non-Union Employers," Duane Morris Institute Webinar, June 16, 2011
  • Speaker, "Beyond SPIT: Ten Things Not to Do During a Union Organizing Campaign," Duane Morris Institute Webinar, February 24, 2011
  • Speaker, "NLRB Rules for Non-Union Employers," Duane Morris Institute Webinar, February 21, 2011
  • Speaker, "High Risk Terminations," Duane Morris Institute Seminar, May 26, 2010
  • Speaker, "Staying Union Free: Preparedness Self Audits," Duane Morris Institute Webinar, May 19, 2010
  • Speaker, "Discipline Dispute Resolution Systems: Workplace Due Process," Duane Morris Institute Seminar, May 13, 2010
  • Speaker, "Information for Union and Nonunion Employers Under the NLRA," Duane Morris' Developments in Workplace Law and Practice 2010, Philadelphia, April 29, 2010
  • Speaker, "Strategic Issues in Union-Free Planning," Duane Morris Institute Seminar, April 28, 2010
  • Speaker, "Bulletproof Employee Discipline & Termination Policies & Procedures," National Constitution Center Audio Conference, May 26, 2009