Joseph C. Devine

Partner

Columbus
T +1.614.462.2682
F +1.614.462.2616

Overview

Joe Devine practices in the area of management labor and employment law. He focuses much of his practice on advising clients in the defense of whistleblower and retaliation claims and matters involving corporate investigations.

Joe has vast experience advising clients on union-related matters, particularly with regard to issues before the National Labor Relations Board, before arbitrators and related to union organizational campaigns. A strong advocate for his clients, Joe is adaptive and collaborative in his work. He uses the business goals and environments of his clients to develop unique solutions to the matters with which they are faced.

Select Experience

  • Defended clients against numerous whistleblower retaliation claims made by multiple employees under the Federal Railroad Safety Act, AIR-21, STAA and SOX through all stages of the process, from charges through trial and on appeal to the Administrative Review Board and the U.S. Courts of Appeal.
  • Advised clients in preparation for picketing and strike activity involving both primary and common situs picketing, reserve gates and injunctive relief.
  • Advised clients on all aspects of the CARES Act and particularly the Paycheck Protection Program, including forgiveness application and appeal.
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Experience

  • Defended clients against numerous whistleblower retaliation claims made by multiple employees under the Federal Railroad Safety Act, AIR-21, STAA and SOX through all stages of the process, from charges through trial and on appeal to the Administrative Review Board and the U.S. Courts of Appeal.
  • Advised clients in preparation for picketing and strike activity involving both primary and common situs picketing, reserve gates and injunctive relief.
  • Advised clients on all aspects of the CARES Act and particularly the Paycheck Protection Program, including forgiveness application and appeal.
  • Litigated unit scope issues for clients faced with union organizational campaigns to best position the clients to meet operational needs, regardless of the outcome of the representation question.
  • Successfully defended complex unfair labor practice charges for clients faced with allegations of improperly shutting down a facility and relocating bargaining unit work.
  • Negotiated collective bargaining agreements in which employers needed relief from oppressive historical terms while maintaining a collegial relationship with the union business agent.
  • Conducted sensitive and confidential investigations for clients faced with allegations of wrongdoing under statutes and regulations.
  • Counseled clients through employment actions related to termination, discipline, reduction in force, layoffs and plant shutdowns.
  • Represents clients in discrimination cases in employment litigation involving claims under Title VII, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Pregnancy Discrimination Act and state discrimination laws.
  • Litigated covenant not to compete cases, breach of contract cases, and interference with business and contractual relations situations, as well as Equal Pay Act, Trade Secret Act and Family and Medical Leave Act violations.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2020)
    • Recommended in Labor and Employment - Labor-management relations
  • The Best Lawyers in America® (2017 to Present)
    • Ohio: Employment Law – Management
  • Ohio Super Lawyers “Rising Star” (2005 to 2006)

Memberships

  • Ohio State Bar Association

Prior Positions

  • National Labor Relations Board: Field Attorney, Ohio
  • Law Clerk on NLRB Board Member’s Staff, Washington, D.C.

Admissions

  • U.S. Court of Appeals, Second Circuit, 2020
  • U.S. Court of Appeals, Sixth Circuit, 1996
  • U.S. Court of Appeals, Seventh Circuit, 2009
  • U.S. Court of Appeals, District of Columbia Circuit, 1995
  • U.S. District Court, Eastern District of Michigan, 2018
  • U.S. District Court, Southern District of Ohio, 1996
  • U.S. District Court, Northern District of Ohio, 1999
  • Maryland Court of Appeals, 1991
  • Ohio, 1995

Education

  • J.D., The George Washington University Law School, 1991, The National Law Center
  • B.A., St. John’s University, 1988, magna cum laude