John Earl Duke
John Duke advises corporations and other employers on a full range of labor and employment law matters. He has substantial labor relations experience advising on such union-related concerns as organizing campaigns, collective bargaining, labor arbitrations and strikes, and defends employers in representation and unfair labor practice cases before the National Labor Relations Board. He also advises corporate clients in the labor and employment aspects of mergers and acquisitions in union and non-union environments.
In general employment matters, John advises his clients on day-to-day personnel issues and helps them draft employment agreements and policies. He helps ensure that employers comply with all aspects of wage/hour, anti-discrimination and similar statutes, as well as the Family Medical Leave Act. As part of his employment practice John represents international, national and regional employers in employment litigation in federal and state courts, and defends them before administrative agencies including the Massachusetts Commission Against Discrimination and the Massachusetts Division of Unemployment Assistance.
Bars and Court Admissions
- Massachusetts
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals, First Circuit
Representative Experience
The following is a brief summary of John's experience and accomplishments:
- Represented an international meat processing and packaging company in non-compete litigation against its Canadian operation’s former President and its United Kingdom operation’s former Managing Director
- Represented and advised a manufacturer during the decertification of a union
- Represented and advised a directory information company regarding a decertification petition
- Acted for a retailer in a representation case in which the union ultimately withdrew its petition before an election was held
- Represented an investment consulting company in a declaratory judgment action against a former employee regarding claims for breach of employment contract and wrongful discharge
- Represented and obtained a favorable settlement on behalf of a classical music recording company in a breach of contract action brought by a former consultant
- Obtained dismissal of a charge of age discrimination before the Massachusetts Commission Against Discrimination on the grounds that the charge was filed one day after the statute of limitations had expired
- Obtained dismissal of a charge of national origin and race discrimination before the Massachusetts Commission Against Discrimination on the grounds that the charge was preempted by the National Labor Relations Act
- Obtained summary judgment against a former employee who claimed he was sexually harassed and terminated in retaliation for complaining about the harassment
- Represented and advised a cement company regarding issues arising out of a strike, the permanent replacement of the strikers, and subsequent filing of a decertification petition
- Represented and advised a hotel in its voluntary recognition of a union through a card check
- Represented opera companies in an audit by the Massachusetts Division of Unemployment Assistance and subsequent litigation
professional / civic involvement
- American Bar Association, Labor and Employment Section, Member
- Boston Bar Association, Member
publications
- John E. Duke and Jonathan A. Keselenko, Avoiding Overtime Exposure: Improper Deductions and the Salary Basis Rule, NEW ENGLAND IN-HOUSE (October 30, 2006)
- Co-author, Private Elections, Card Checks – What Does the Future Hold?, presented at the American Bar Association, Section of Labor and Employment Law Committee on Practice and Procedure under the National Labor Relations Act 2006 Midwinter Meeting
- Co-author, DRAFTING EMPLOYMENT DOCUMENTS IN MASSACHUSETTS – Chapter: Postemployment Benefits: COBRA Continuation, Group Health Continuation under Massachusetts Law, and Unemployment Benefits, MCLE (2005)
- Giving Species the Benefit of the Doubt, 83 B.U. L. Rev. 209 (2003)
- Case Comment: Criminal Complaint Procedure, Commonwealth v. Clerk of the Boston Division of the Juvenile Court Department, 86 MASS. L. REV. 117 (2002)