Kenneth L. Wagner

Work Experience

• Partner
• Blitnan & King LLP
• 1990 - Present

Education

• Syracuse University College of Law
• JD - Juris Doctor (cum laude)
• 1990

• University of California, Los Angeles
• BA - Bachelor of Arts (with departmental honors)
• 1984

Legal Cases

• Palladino v. CNY Centro, 23 N.Y.3d 140, 12 N.E.3d 436 (2014)
• Ruling in favor of the union and dismissing the complaints, the NY Court of Appeals rejected the plaintiff’s challenge to the continuing vitality of the so-called "Martin" rule defense and confirmed its applicability to fair representation claims.

• Ferguson v. New Venture Gear, Inc. 2009 U.S. Dist. LEXIS 78111 (N.D.N.Y. 2009)
• Summary judgment granted by district court.

• 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

Associations

• 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

Languages Spoken

• English

Honors and Awards

• Selected, Best Lawyers (Litigation - Labor and Employment)
• Best Lawyers in America
• 2017

• NY Super Lawyers-- Upstate Edition
• Super Lawyers Magazine
• 2017

• NY Super Lawyers-- Upstate Edition
• Super Lawyers Magazine
• 2016

Publications

• 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

Speaking Engagements

• NYSBA CLE Conference on Social Media in Labor and Employment Law
• NLRA Limitations on the Scope of Workplace Policies
• 2014

• 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