Mark D. Nelson

Partner

Chicago

(312) 569-1326 phone
(312) 569-3326 fax

Mark D. Nelson is a partner in the Labor & Employment Practice Group. Mark has represented management in labor relations and employment discrimination law for 25 years. He has extensive experience representing employers in a wide variety of industries in labor matters, including union avoidance, union organizing campaigns, labor disputes and unfair labor practice proceedings.

Mark also has considerable experience representing employers in arbitration hearings on issues such as discharge, discipline, contract interpretation and management rights. He has negotiated numerous collective bargaining agreements, including initial contracts and successor agreements, for employers in health care, manufacturing and service industries. He regularly provides advice and counsel regarding contract administration and interpretation to clients who have collective bargaining relationships, as well as client who wish to avoid them.

Mark has also represented employers in matters before state and federal agencies and courts on virtually all types of discrimination claims, retaliatory discharge suits, breach of contract actions, and wage and hour cases, among others. He has been retained to serve as special investigative counsel in several sensitive sexual harassment matters.

Mark provides advice and counsel to employers on the many labor and employment challenges they face on a day-to-day basis and is a frequent speaker regarding labor relations matters, sexual harassment, effective discipline and other subjects.

Mark has been elected to Leading Lawyers Network of Illinois by his peers. 

In General. Mark received his bachelor’s degree in Rhetoric and his J.D. from the University of Illinois. He frequently speaks and writes about labor and employment law topics.  He has served on the board of directors of a large tertiary hospital in the Chicago metropolitan area, including two years as the board chair.

Representative Matters

Representative Experience and Accomplishments

  • Chief negotiator for a hospital in contract negotiations with a state nurses association/National Nurses United for successor contract covering more than 2,200 professional employees.  Achieved significant favorable changes in the defined benefit plan as well as health insurance.
  • Chief negotiator for provider of residential care services in contract negotiations for a successor contract that conditioned future pay increases on increases in state funding and modified arbitration language to limit arbitrator’s authority in discharge cases.
  • Chief negotiator for a hospital in contract negotiations with a state nurses association/National Nurses United for a successor contract in which the hospital successfully negotiated to impasse and implemented key new provisions contained in its final offer.
  • Defended a hospital in an unfair labor practice charge alleging it failed to bargain in good faith when it declared impasse and implemented its final offer.  Settled the matter on favorable terms including extending the new agreement for an additional year with no additional changes or pay increases.
  • Assisted a large health care system with more than 25 hospitals with union contracts, that desired to make substantial changes to its defined benefit plan by assessing the different contract language and legal risk and developing a strategy to achieve the needed plan changes
  • Successfully defended an employer alleged to have violated the National Labor Relations Act when it fired an employee for complaining to other employees about discipline she had received. 
  • Successfully defended an employer in multiple arbitration hearings challenging employees’ discharges for patient/resident abuse.
  • Settled 10-year old unfair labor practice charges in order to hold a rerun election.  Days before the rerun election the union filed more than 30 unfair labor practice charge allegations to block the election.  After an unfair labor practice trial in which the client prevailed on all but three allegations, the election was rescheduled.  One week before the election the union withdrew its election petition, knowing that it would have lost the election. 

General Labor and Employment Experience

  • Provided advice and counsel to numerous employers regarding workforce reductions, include adverse impact analysis, separation agreements, meeting scripting, logistics and other subjects.
  • Advised many employers regarding union avoidance—management training, vulnerability assessment, communications development and other strategic initiatives.
  • Advised employers during union organizing campaigns, including review of communications, action plans and related activities.
  • Defended employers before state and federal agencies and courts against virtually all types of employment-related claims, including discrimination and relation.
  • Negotiated executive employment agreements on behalf of employers.
  • Engaged as outside special counsel to investigate a sensitive allegation of sexual harassment of a high-ranking individual in the organization.

Publications

01/23/2013
Labor & Employment Client Alert
Firing Employees Who Don’t Get Flu Shots: What Risks Do Hospitals Face?
09/13/2012
HR Pulse
Social Media: The Bane of HR Leaders’ Existence and How to Manage it
04/26/2012
Labor & Employment Client Alert
EEOC Issues New Guidance on Use of Arrest and Conviction Records Under Tittle VII
3/5/2010
Labor & Employment Alert
Health Care Providers Beware! Your Wage/Hour Practices Are Under Scrutiny
12/8/2009
BNA’s Health Law Reporter
Handling Potential Whistleblowers: How Providers Can Deter Qui Tam Lawsuits
10/28/2009
Labor & Employment Alert
EEOC Issues Guidance on Pandemic Preparedness and ADA Compliance
5/21/2009
Health Law Alert
Wisconsin Poised to Significantly Expand the Scope of Employer Liability under State Antidiscrimination Laws
7/12/2006
Labor & Employment Client Memorandum
NLRB Upholds Hospital's Ban on Nurses' Wearing Union Buttons
6/12/2006
Labor & Employment Newsletter
Labor & Employment Update

Speaking Engagements

01/15/2013
Drinker Biddle CLE Breakfast Briefing
Hospital Mergers and Acquisitions: Transactional, Labor, Employment & Benefits Issues
09/22/2012
ASHHRA Annual Meeting
Employee Benefit Issues Under Health Care Reform Following Supreme Court Decision
09/22/2012
ASHHRA Annual Meeting
Health Care HR Hot Topic Panel: Legislative and Regulatory Challenges
9/10/2011
American Society for Healthcare Human Resources Administration 47th Annual Conference & Exposition
9/10/2011
American Society for Healthcare Human Resources Administration 47th Annual Conference & Exposition
9/26/2010
ASHHRA Conference & Exposition
6/20/2006
HR Law Breakfast Briefing
5/17/2006
Southwestern Illinois HR Summit

Representative Experience and Accomplishments

  • Chief negotiator for a hospital in contract negotiations with a state nurses association/National Nurses United for successor contract covering more than 2,200 professional employees.  Achieved significant favorable changes in the defined benefit plan as well as health insurance.
  • Chief negotiator for provider of residential care services in contract negotiations for a successor contract that conditioned future pay increases on increases in state funding and modified arbitration language to limit arbitrator’s authority in discharge cases.
  • Chief negotiator for a hospital in contract negotiations with a state nurses association/National Nurses United for a successor contract in which the hospital successfully negotiated to impasse and implemented key new provisions contained in its final offer.
  • Defended a hospital in an unfair labor practice charge alleging it failed to bargain in good faith when it declared impasse and implemented its final offer.  Settled the matter on favorable terms including extending the new agreement for an additional year with no additional changes or pay increases.
  • Assisted a large health care system with more than 25 hospitals with union contracts, that desired to make substantial changes to its defined benefit plan by assessing the different contract language and legal risk and developing a strategy to achieve the needed plan changes
  • Successfully defended an employer alleged to have violated the National Labor Relations Act when it fired an employee for complaining to other employees about discipline she had received. 
  • Successfully defended an employer in multiple arbitration hearings challenging employees’ discharges for patient/resident abuse.
  • Settled 10-year old unfair labor practice charges in order to hold a rerun election.  Days before the rerun election the union filed more than 30 unfair labor practice charge allegations to block the election.  After an unfair labor practice trial in which the client prevailed on all but three allegations, the election was rescheduled.  One week before the election the union withdrew its election petition, knowing that it would have lost the election. 

General Labor and Employment Experience

  • Provided advice and counsel to numerous employers regarding workforce reductions, include adverse impact analysis, separation agreements, meeting scripting, logistics and other subjects.
  • Advised many employers regarding union avoidance—management training, vulnerability assessment, communications development and other strategic initiatives.
  • Advised employers during union organizing campaigns, including review of communications, action plans and related activities.
  • Defended employers before state and federal agencies and courts against virtually all types of employment-related claims, including discrimination and relation.
  • Negotiated executive employment agreements on behalf of employers.
  • Engaged as outside special counsel to investigate a sensitive allegation of sexual harassment of a high-ranking individual in the organization.