Philip B. Rosen: Lawyer with Jackson Lewis P.C.

Philip B. Rosen

Principal
New York,  NY  U.S.A.
Phone212-545-4001

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 5.0/5.0
AV® Preeminent

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Practice Areas

  • Collegiate and Professional Sports
  • Labor and Preventive Practices
  • Automotive
  • Education
  • Energy and Utilities
  • Financial Services
  • Food Processing and Manufacturing
  • Gaming and Hospitality
  • Health Care
  • Pharmaceuticals
  • Professional Services
  • Real Estate
  • Retail
  • Technology and Telecom
 
University University of Rochester, B.A., cum laude, 1976
 
Law SchoolNew York University School of Law, J.D., 1979 American Jurisprudence Award In Labor Law
 
Admitted1980, New York, U.S. District Court, Eastern and Southern Districts of New York and U.S. Court of Appeals, Third Circuit; 1985, U.S. District Court, Eastern District of Michigan; 2002, District of Columbia and U.S. District Court for the District of Columbia
 
Memberships 

Professional Associations and Activities

American Bar Association

 
Born1954
 
Biography

Philip B. Rosen is a Principal in the New York City, New York, office of Jackson Lewis P.C. He is a member of the firm's Board of Directors and co-leads the firm's Labor and Preventive Practices Group. He joined the firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-in-force, purchase/sale transactions, sexual harassment and other workplace conduct rules, compliance with the Americans With Disabilities Act, wrongful discharge and other workplace litigation, corporate campaigns and union organizing matters, collective bargaining, arbitration and National Labor Relations Board proceedings. He has been quoted by the press on many labor matters, including the National Labor Relations Board's recent initiatives on protected concerted activity and the proposed Notice Posting requirements.

Mr. Rosen has extensive experience advising clients developing integrated corporate-wide labor relations strategies - whether the organization is union-free, partially unionized or entirely unionized. He has led teams conducting multi-facility labor-related legal assessments where clients are seeking to develop creative, strategic legal approaches which anticipate major issues and achieve a company's labor relations goals. Mr. Rosen also has advised clients being confronted with corporate campaigns and requests for neutrality agreements. He has represented organizations seeking to maximize management rights through their development of pro-active employee relations approaches to remain union-free. He also has advised unionized organizations on lawful negotiating strategies - in situations ranging from “hard bargaining” to recapture management rights to more “cooperative” negotiations - in all cases, providing legal advice designed to assist clients in achieving their primary goals.

Published Works

•“Preparing For Labor Board's Quickie Election Rule, ” The National Law Review (January 2015) [Co-Author]
•“Update: Michigan Excludes Student-Athletes From Unions, ” The National Law Review (January 2015) [Co-Author]
•“Fight For Fifteen: Your Non-Union Employees Have Walked Out. Now What?, ” martindale.com (September 2014) [Co-Author]
•“Firings For Facebook Comments Unlawful, NLRB Rules, ” martindale.com (September 2014) [Co-Author]
•“What to Watch For At National Labor Relations Board In 2015, ” The National Law Review (December 2014) [Co-Author]
•“NLRB Issues Final “Quickie” Election Rule - National Labor Relations Board, ” The National Law Review (December 2014) [Co-Author]
•“Labor Board Adopts Presumption That Employees Can Use Employer's Email System to Engage In Protected Activity, ” The National Law Review (December 2014) [Co-Author]
•“NLRB Announces New Standard For Exercising Jurisdiction Over Religiously Affiliated Colleges And Universities, ” The National Law Review (December 2014) [Co-Author]
•“Franchisor-Franchisee Relationship Focus of NLRB General Counsel, ” The National Law Review (December 2014) [Co-Author]
•“Recess Appointments at NLRB Unconstitutional, Federal Appeals Court Rules, ” martindale.com (January 2013) [Co-Author]
•“Union Neutrality Agreements to be Scrutinized If Certiorari Granted in Florida Case, ” martindale.com (January 2013) [Co-Author]
•“Top Ten Steps For Employers To Stay Out Of NLRB Litigation, ” The Association of Corporate Counsel (2012) [Author]
•“Labour, Employment And Benefits Issues In Corporate Acquisitions, ” Financier Worldwide (2012) [Co-Author]
•“U.S. Employment and Labour Law, ” Global Legal Insights (2012) [Author]
•“Mere Request That Employee Not Discuss Employer's Ongoing Investigation Violates Labor Law, NLRB Holds, ” martindale.com (August 2012) [Co-Author]
•“Third Guidance on Social Media Policy Issues from NLRB Acting General Counsel Includes Sample Policy, ” martindale.com (May 2012) [Co-Author]
•“New NLRB Election Rule under Fire in Congress and Courts, ” martindale.com (April 2012) [Co-Author]
•“Implementation of NLRB Workers' Rights Posting Rule Delayed by Federal Appeals Court, ” martindale.com (April 2012) [Co-Author]
•“NLRB Appointments Spur More Controversy as New Year Begins, ” martindale.com (January 2012) [Co-Author]
•“Quickie Election Resolution Adopted, Be Prepared, ” martindale.com (December 2011) [Co-Author]
•“Constitutional Viability of the Employee Free Choice Act's Interest Arbitration Provision, Hofstra Labor & Employment Law Journal (2009) [Co-Author]
Employer's Guide to Union Organizing Campaigns, (Aspen Publishers, 2007) [Co-Author]
•“Reflections Post-Labor Day 2005: Looking Back and Moving Forward, ” Jackson Lewis' Preventive Strategies Special Report Third Quarter 2005 [Co-Author]
•“DOL Final Regulations On “White Collar” Exemptions: What Employers Need To Know, ” Inside HR/NY (June 2004) [Co-Author]
•“Managing a Non-profit Effectively Under The Equal Employment Opportunity Laws, ” Second Edition, Non-Profit Governance: The Executive's Guide (2002) [Co-Author]
•“Managing Expatriate Employees: Employment Law Issues and Answers, ” Journal of Employment Discrimination Law (Winter 2000) [Co-Author]
•“Taking On A Unionized Company: You Can Do It, ” ProEmp Journal (May, 1998) [Co-Author]
•“Don't Get Nailed, ” ProEmp Journal (January, 1997) [Co-Author]
•“Playing By Fair Rules, ” HR Magazine (April, 1991) [Co-Author]
•“Is Your Early Retirement Package Courting Disaster?, ” Personnel Journal (August, 1988) [Co-Author]
•“Substance Abuse - A Crisis In The Workplace, ” Trial Magazine (July, 1987) [Co-Author]
•“Legal Implications Of Substance Abuse Testing In The Workplace, ” Notre Dame Law Review, Volume 62, No. 5 (1987) [Co-Author]
•“Labor Relations Considerations For The New High Technology Company, ” Santa Clara Computer and High Technology Law Journal (1986) [Co-Author]
• Responding to Union Organizing Campaigns, Matthew Bender's Business Law Monograph series, 1984 [Co-Author]

Publications

January 15, 2016

Faster Votes, But Few More Union Wins - A Surprising Look at 'Quickie Election' Rules at Year-End

January 15, 2016

After several years of drafting, handwringing, and litigation, in April 2015, the National Labor Relations Board's new expedited election rules became effective. The employer community held its collective breath as they were rolled out. These rules substantially shortened the pre-election period and imposed significant information

December 21, 2015

Labor Relations Issues to Watch for in 2016

December 21, 2015

In 2015, the National Labor Relations Board has given us the “quickie” election rule, Browning-Ferris Industries of California (greatly expanding instances where joint employer relationship exists), Northwestern University (declining to determine whether college football players who receive grant-in-aid scholarships are

November 6, 2015

'Fight for $15' Walk-Outs and Protests Continue; Are You Prepared for November 10?

November 6, 2015

Continuing its three-year campaign, “Fight for $15” on November 4, 2015, announced plans for worker strikes and protests at fast food restaurants in 270 U.S. cities on November 10. The protests, timed to occur one year prior to the 2016 presidential election, is calculated to send a message to voters and candidates. Protests

Blogs

California Workplace Law

Labor Board Sets New Standard for Determining Joint Employer Status
September 2, 2015

A sharply divided National Labor Relations Board has announced a new standard for determining joint employer status under the National Labor Relations Act. Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015).

By James M. Stone, Philip B. Rosen, Roger S. Kaplan, Howard M. Bloom and Kathleen Tinnerello

Collegiate & Professional Sports Law

NLRB Declines to Exercise Jurisdiction Over Student-Athletes' Attempt to Unionize - For Now
August 17, 2015

Concluding that its assertion of jurisdiction “would not serve to promote stability in labor relations, ” the National Labor Relations Board has declined to exercise authority over the College Athletes Players Association's (CAPA's) petition to represent scholarship football players at Northwestern University.

By Howard M. Bloom, Gregg E. Clifton, Patrick L. Egan and Philip B. Rosen

Labor & Collective Bargaining

Signs of the Times: NLRB General Counsel on Employers' No-Solicitation Signs
December 13, 2012

Can a sign saying simply, “No Solicitation, ” posted on a store window, be found lawful although on its face it could be viewed as unduly restricting employees' protected union activity?

By Philip B. Rosen

In the News

August 17, 2015

Jackson Lewis

Jackson Lewis Attorneys Recognized in The Best Lawyers in America 2016

August 17, 2015

WHITE PLAINS, NY (August 17, 2015) Jackson Lewis P.C., one of the country's preeminent workplace law firms, is pleased to announce 137 of the firm's attorneys have been named to the 2016 edition of Best Lawyers. In addition, 10 attorneys were named “Lawyer of the Year” in their respective

June 9, 2015

Jackson Lewis

Jackson Lewis Recommended in The Legal 500 United States 2015

June 9, 2015

WHITE PLAINS, NY (June 9, 2015) Jackson Lewis P.C., one of the country's largest and fastest-growing workplace law firms, is pleased to announce the firm and its attorneys have been recommended in The Legal 500 United States 2015 in the following practice areas falling under the Labor and Employment designation:

June 3, 2015

Employment Law 360

Philip Rosen Comments on 'Ambush Election' Rule

June 3, 2015

Philip Rosen is quoted in Employment Law 360's NLRB Win on 'Ambush Election Rule' Sets Up Future Fight. Subscription may be required to view article.

 
ISLN902019391
 

Documents by this lawyer on Martindale.com

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NLRB Regional Director Rejects Election Petition of Faculty at Religiously-Affiliated College
Michael R. Bertoncini,Howard M. Bloom,Philip B. Rosen, February 9, 2016
Colleges and universities contending that their tenured and tenure-track faculty are managerial employees who do not have the right to unionize or bargain collectively under the National Labor Relations Act should find reassurance in a recent National Labor Relations Board Regional Director’s...

Faster Votes, But Few More Union Wins - A Surprising Look at ‘Quickie Election’ Rules at Year-End
Philip B. Rosen,Thomas V. Walsh, January 21, 2016
After several years of drafting, handwringing, and litigation, in April 2015, the National Labor Relations Board’s new expedited election rules became effective. The employer community held its collective breath as they were rolled out. These rules substantially shortened the pre-election...

Labor Relations Issues to Watch for in 2016
Howard M. Bloom,Philip B. Rosen, January 5, 2016
In 2015, the National Labor Relations Board has given us the “quickie” election rule, Browning-Ferris Industries of California (greatly expanding instances where joint employer relationship exists), Northwestern University (declining to determine whether college football players who...



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Office Information

Philip B. Rosen

666 Third Avenue
New YorkNY 10017




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