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 a senior fellow at the University of Pennsylvania's Wharton Business School, and is managing director of the Wharton Center for Human Resources Research Advisory Group. The group includes a large number of the country's principal manufacturing, service, and retail corporations. Additionally, Mr. Miscimarra acts as employment law counsel for the Center's Financial Services Group, which is composed of many of the nation's largest bank, insurance, and financial establishments.

Mr. Miscimarra has represented major business groups addressing important employment policy issues, including testimony before the House Committee of Education and the Workforce, and the House Committee on Oversight and Government Reform. He represented the Coalition for a Democratic Workplace (CDW) including the U.S. Chamber of Commerce, the National Association of Manufacturers, the Retail Industry Leaders Association, and 275 other associations in the National Labor Relations Board (NLRB) rulemaking regarding union elections; the Alliance to Save Main Street Jobs including the HR Policy Association, the U.S. Chamber of Commerce, the Associated Builders and Contractors, and other groups opposing the Employee Free Choice Act; the U.S. Chamber of Commerce, the National Association of Manufacturers, and the American Iron and Steel Institute in the leading NLRB cases involving the legality of employee involvement initiatives (Electromation and DuPont); and The Business Roundtable during development of the U.S. Department of Labor regulations interpreting the Worker Adjustment and Retraining Notification Act (WARN).

From 2004 through 2011, 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. Chambers notes that according to competitors, "Most lawyers pale next to Philip Miscimarra." Additionally, Chambers mentions that clients admire Mr. Miscimarra’s "multilayered abilities and business savvy" and his "high level of integrity" while also recognizing his "extensive network of contacts" that clients find invaluable.

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 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.