M.J. Asensio

Partner

Columbus
T +1.614.462.2622
F +1.614.462.2616

"[Mike] is very responsive and strategic." "He is knowledgeable, down to earth and works well with stakeholders."

— Chambers USA 2022

Overview

Mike Asensio has more than three decades of experience representing clients across the country in collective bargaining, representation cases, grievance arbitration and labor litigation matters. He moves fluidly among the groups of people with whom he works to develop strategic solutions and facilitate collaborative resolutions, forging relationships with all levels of individuals, from rank-and-file employees to executives and high-profile public officials. Mike's understanding of his clients’ business and cultural values enables him to find solutions to workplace issues that support long-term client strategies.

Mike is ranked in Chambers USA: America’s Leading Lawyers for Business and is listed in The Best Lawyers in America®. He has also been named one of the top 10 labor attorneys in the country by Human Resources Executive Magazine since 2011 in their annual surveys of the “Nation’s Most Powerful Employment Attorneys” and has been a contributing editor for the Labor Law chapter of the Annual Review of Developments in Business and Corporate Litigation, 2007 to 2014 editions. Mike is a frequent lecturer and commentator on labor matters and has been interviewed by numerous media publications and outlets, including the New York Times, Wall Street Journal, Washington Post, Los Angeles Times and CNBC. Mike’s practice also encompasses employment ligation, executive compensation and employment counseling.

Select Experience

  • Provides ongoing labor relations counsel for global home furnishing brand for collective bargaining relationships with the International Association of Machinists (IAM) and the International Brotherhood of Teamsters (IBT) at distribution facilities across the U.S. Assisted the client in defending numerous grievance-arbitration matters and helped develop pre-negotiation strategies that paved the way for implementation of strategic compensation initiatives during the Covid-19 pandemic. Assisted in defending an organizing drive at a key west coast distribution center.
  • Represents a large healthcare system that manages a network of 12 hospitals and more than 200 ambulatory sites spanning 47 counties in Ohio. Recently negotiated successor collective bargaining agreement with the American Federation of State, County and Municipal Employees (AFSCME) providing greater flexibility in scheduling and movement of nursing staff and greater ability to compensate nursing staff consistent the relevant market. With deep understanding of client’s people strategies and culture – having represented the hospital system since 1986 – developed work teams between management and labor to address a variety of issues away from the bargaining table, including strategies to flex critical care staffing and compensation as needed during the Covid-19 pandemic.
  • Represented an HVAC supplier in defending organizing drives and unfair labor practice (ULP) charges filed by the Plumbers, Steamfitters and HVAC Technicians with the National Labor Relations Board regarding the company’s locations in Huntsville, Birmingham and Montgomery, Alabama. Worked with all levels of the company’s management team to develop strategies for responding to the organizing activity and successfully defended all allegations in the ULP charges filed by the union. Provided strategic counsel, advice and training, which successfully guided the company’s management team through a variety of labor relations issues.
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Experience

  • Provides ongoing labor relations counsel for global home furnishing brand for collective bargaining relationships with the International Association of Machinists (IAM) and the International Brotherhood of Teamsters (IBT) at distribution facilities across the U.S. Assisted the client in defending numerous grievance-arbitration matters and helped develop pre-negotiation strategies that paved the way for implementation of strategic compensation initiatives during the Covid-19 pandemic. Assisted in defending an organizing drive at a key west coast distribution center.
  • Represents a large healthcare system that manages a network of 12 hospitals and more than 200 ambulatory sites spanning 47 counties in Ohio. Recently negotiated successor collective bargaining agreement with the American Federation of State, County and Municipal Employees (AFSCME) providing greater flexibility in scheduling and movement of nursing staff and greater ability to compensate nursing staff consistent the relevant market. With deep understanding of client’s people strategies and culture – having represented the hospital system since 1986 – developed work teams between management and labor to address a variety of issues away from the bargaining table, including strategies to flex critical care staffing and compensation as needed during the Covid-19 pandemic.
  • Represented an HVAC supplier in defending organizing drives and unfair labor practice (ULP) charges filed by the Plumbers, Steamfitters and HVAC Technicians with the National Labor Relations Board regarding the company’s locations in Huntsville, Birmingham and Montgomery, Alabama. Worked with all levels of the company’s management team to develop strategies for responding to the organizing activity and successfully defended all allegations in the ULP charges filed by the union. Provided strategic counsel, advice and training, which successfully guided the company’s management team through a variety of labor relations issues.
  • Provides counsel and represents a large central Ohio healthcare system in employment litigation matters and the investigation of employment misconduct cases including harassment, whistleblowing and retaliation claims.
  • Represented a Fortune 500 company in several representation cases across the country, including one of the largest representation elections in front of the National Labor Relations Board (NLRB), involving 17,000 employees. Successfully represented the client’s interests in several matters involving complex and/or unique labor issues, drawing on extensive experience in defending representation cases before the NLRB.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2019 to 2021)
    • Recommended in Labor-management relations (2019 to 2021)
  • Chambers USA: Labor & Employment in Ohio (2013 to 2022)
    • Band 3 (2015 to 2019, 2022), Band 4 (2013 to 2014, 2020)
  • The Best Lawyers in America®
    • Ohio: Labor Law – Management (2010 to Present)
    • Ohio: Employment Law – Management (2016 to Present)
    • Ohio: Litigation – Labor & Employment (2018 to Present)
    • Ohio: Health Care Law (2019 to Present)
  • Human Resource Executive "Nation's Most Powerful Employment Attorneys – Labor" (2011 to 2019)
  • Ohio "Super Lawyer" (2004 to 2007, 2009)
  • Lawdragon
    • 500 Leading U.S. Corporate Employment Lawyers (2020 to 2021)
    • Top 20 Lawyers in Traditional Labor and Employment Law (2019)

Memberships

  • American Bar Association: Labor and Employment Law Section
  • Ohio State Bar Association
  • Columbus Bar Association

Community

  • ALI-CLE Labor Law Advisory Panel
  • Indiana University Maurer School of Law: Adjunct Professor
  • Southern Methodist University Dedman School of Law: Adjunct Professor

Industries

Admissions

  • U.S. Supreme Court, 1994
  • U.S. Court of Appeals, Sixth Circuit, 1991
  • U.S. District Court, Northern District of Ohio, 1986
  • U.S. District Court, Southern District of Ohio, 1986
  • Ohio, 1985

Education

  • J.D., Indiana University School of Law, 1985, cum laude
  • B.A., University of Michigan, 1982