Philip A. Miscimarra

Partner

Philip A. Miscimarra is a partner in Morgan Lewis's Labor and Employment Practice in the Chicago office.

Mr. Miscimarra represents clients on a wide range of labor and employment issues, with a focus on traditional labor matters and employment litigation. He also co-chairs Morgan Lewis/Workforce Change, the practice within Morgan Lewis that is devoted to the management of all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring.

Mr. Miscimarra is also a senior fellow at the University of Pennsylvania's Wharton Business School, where he is managing director of the Wharton Center for Human Resources Research Advisory Group, and he is employment law advisor to the Center's Financial Services Group.

Mr. Miscimarra has represented major business groups addressing important employment policy issues. Examples include representing the U.S. Chamber of Commerce and the Coalition for a Democratic Workplace (CDW) in litigation regarding the National Labor Relations Board (NLRB) rules governing union elections; representing the Honorable John Kline, Chairman of the House Committee on Education and the Workforce, and other House members in litigation regarding the NLRB notice-posting rules; representing the U.S. Chamber of Commerce, the National Association of Manufacturers, and the American Iron and Steel Institute in the leading NLRB cases involving employee committees and employee involvement initiatives (Electromation and DuPont); and representing The Business Roundtable during the U.S. Department of Labor rulemaking concerning the Worker Adjustment and Retraining Notification Act (WARN). Mr. Miscimarra has testified in the United States Congress regarding a variety of labor law issues before the House Committee on Education and the Workforce, the Subcommittee on Health, Employment, Labor, and Pensions, and the House Committee on Oversight and Government Reform.

From 2004 through 2012, Mr. Miscimarra has been named one of the leading U.S. lawyers for employment law by Chambers USA, based on the views of clients, peers and other industry professionals. According to Chambers, he is a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity." Chambers has quoted competitors as saying "Most lawyers pale next to Philip Miscimarra."

Mr. Miscimarra's books on labor and employment issues include The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra et al.), the first edition of which was cited by the National Labor Relations Board for its "comprehensive review of prior decisions in this area, including cogent criticism of inconsistency and ambiguities" (Milwaukee Spring Division of Illinois Coil Spring Co., 268 N.L.R.B. 601, 603 n. 12); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and Multinational Union Organizations in the White-Collar, Service, and Communications Industries (1983) (by Rowan, Pitterle and Miscimarra); among many other publications.

In 1982, Mr. Miscimarra earned his J.D. from the University of Pennsylvania and his M.B.A. from the University of Pennsylvania's Wharton School. He earned his B.A., summa cum laude, from Duquesne University in 1978.

Mr. Miscimarra is admitted to practice in Illinois, Wisconsin, and Pennsylvania.