With over 20 years of experience, Ken Wagner is widely recognized by union leaders and individual employee executives as a highly capable attorney for labor and employment work before federal and state courts, administrative agencies and arbitration tribunals.
Ken regularly provides advice to union leaders in a wide variety of private and public sector industries; much of his work on behalf of unions has focused on a variety of traditional labor law matters — arbitration, cases before the NLRB and PERB, section 301 and duty of fair representation litigation, and collective bargaining.
Ken also has a successful practice counseling and representing individual employees and senior executives in employment and severance agreement negotiations, employment law matters and disputes over compensation and termination issues.
Licensed since 1991
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|Award Name||Grantor||Date Granted|
|NY Super Lawyers-- Upstate Edition||Super Lawyers Magazine||2014|
|NY Super Lawyers-- Upstate Edition||Super Lawyers Magazine||2012|
|NY Super Lawyers-- Upstate Edition||Super Lawyers Magazine||2011|
|Association Name||Position Name||Duration|
|ABA Developing Labor Law Committee||Co-chair||2003 - 2006|
|ABA Developing Labor Law Committee||Program Co-chair||2000 - 2003|
|Legal Services of Central New York, Inc.||Member/President, Board of Directors||1997 - 2002|
|Onondaga County Bar Association||Member||N/A|
|New York State Bar Association, Labor and Employment Law Section||Member||N/A|
|American Bar Association, Labor and Employment Law Section||Member||N/A|
|Gallagher v. IBEW Local Union No. 43, 2008 U.S. Dist. Lexis 81615 (N.D.N.Y. 2008)||All claims were dismissed following a three-day trial.|
|Smith v. New Venture Gear, Inc., 320 Fed. Appx. 33 (2d Cir. 2009)||Summary judgment granted by district court and affirmed by circuit court of appeals|
|Ferguson v. New Venture Gear, Inc. 2009 U.S. Dist. LEXIS 78111 (N.D.N.Y. 2009)||Summary judgment granted by district court.|
|ABA Journal of Labor & Employment Law||Our Deal Trumps My Bargaining Rights Only if I Said So: The Board’s Reaffirmation of Its Waiver Doctrine in Unilateral Change Cases||2009|
|The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act (5th Ed.)||Editor||2006|
|The Labor Lawyer (ABA)||The NLRB's Continued Adherence to the Waiver Doctrine in Unilateral Change Cases||1997|
|Syracuse University College of Law||Law||JD - Juris Doctor (cum laude)||1990|
|University of California, Los Angeles||Philosophy||BA - Bachelor of Arts (with departmental honors)||1984|
|NLRB-ILR Conference (DePew, NY)||“Recent Developments on Critical Labor Relations Issues Before the NLRB — Unilateral Changes: Clear and Unmistakable Waiver or Contract Coverage?”||2010|
|ABA Developing Labor Law Committee Midwinter Meeting (San Diego, CA)||“Our Deal Trumps My Bargaining Rights Only if I Said So: The Board’s Reaffirmation of Its Waiver Doctrine in Unilateral Change Cases”||2009|
|PERB/Cornell University-ILR Interest Arbitration Conference (Tarrytown, NY)||“Reaching a Settlement Without Interest Arbitration — A Perspective from the Union Side”||2005|
|NLRB-ILR Conference (DePew, NY)||“The NLRB and the National Labor Relations Act: Recent Developments in the Law”||2003|
|ABA Developing Labor Law Committee Midwinter Meeting (Puerto Vallarta, Mexico)||“What Should the Bargaining Rights of a Discriminatory Successor Employer Be?”||2003|