Christopher R. Mikula

• Successfully defeated hybrid 301 claims of nearly 150 former truck drivers in the Sixth Circuit Court of Appeals who alleged they were improperly denied a contractual right to return to work at their former employer after taking retirement packages during the early 2000s financial crisis.  Kosa v. General Motors and UAW, 784 Fed. Appx. 406 (6th Cir. 2019).
• Obtained dismissal of complaint, following deferral to arbitration pursuant to Collyer Insulated Wire, where Region 7 of the National Labor Relations Board and an international labor union representing security company’s workers alleged that the employer violated the National Labor Relations Act by laying off employees based on anti-union motivation.  Also obtained post-arbitration deferral confirming the arbitrator’s decision pursuant to Babcock & Wilcox Construction Co. (NLRB Region 7 and American Arbitration Association, 2019).
• Obtained summary judgment on behalf of automotive manufacturer in suit where the plaintiff alleged discrimination and failure to accommodate in violation of the Americans with Disabilities Act and Michigan Persons with Disabilities Civil Rights Act based on allergic reactions to cigarette smoke in shared work vehicles (Eastern District of Michigan, 2019).
• Favorable resolution of EEOC charge against national retailer filed by transgender employee alleging sex discrimination in violation of Title VII of the Civil Right Act of 1964 (EEOC, 2019).
• Favorable resolution of 115 opt-in collective action lawsuit on behalf of fast food chain where plaintiffs had alleged violations of minimum wage and overtime provisions of the Fair Labor Standards Act and Michigan Wage Opportunity Workforce Act (Eastern District of Michigan, 2019).
• Developed retention incentive agreements and Worker Adjustment and Retraining Notification Act (WARN) notifications for union and non-union employees being laid off by Tier II automobile parts manufacturer (Michigan, 2018 and 2019).
• Conducted multi-state internal investigation for paint and coating manufacturing company regarding suspected misappropriation of company funds by multiple employees (2018).
• Obtained dismissal of employment arbitration matter filed against national dollar store chain concerning alleged sexual harassment and discrimination in violation of Title VII of the Civil Rights Act of 1964. Dismissal granted as a sanction for claimant’s refusal to cooperate with discovery into claimant’s medical history (JAMS Arbitration, 2018).
• Obtained dismissal of employment arbitration matter filed by nine-year employee against Detroit hospital system alleging national origin discrimination, disability discrimination, and FMLA retaliation in conjunction with separation of employee pursuant to reduction in force (Private employment arbitration, 2017).
• Obtained dismissal of labor arbitration filed against security and alarm company alleging that the employer’s requirement that employees take home company vehicles violated the collective bargaining agreement and Fair Labor Standards Act (American Arbitration Association, 2017).
• Negotiated partnership exit agreement for physician group separating employment of physician accused of misconduct (Michigan, 2016).
• Obtained summary judgement on behalf of a national automobile hauling company in a suit where the plaintiff had alleged that he was terminated because of his race, in violation of Michigan’s Elliot-Larsen Civil Rights Act (Western District of Michigan, 2016).
• Obtained dismissal, pursuant to Rule 12(b)(6), of putative class action alleging that the employer failed to compensate unionized employees properly in violation of the Labor Management Relations Act (Eastern District of Michigan, 2016).
• Obtained arbitration decision upholding discharge of 17-year employee of utility company who was involved in an alcohol-related accident in a company vehicle after work hours (American Arbitration Association, 2015).
• Advised parking management company during labor negotiations with Teamsters labor union for 130 employee bargaining unit at large Detroit hospital (Detroit, Michigan 2014-2015).
• Obtained labor arbitration decision upholding non-seniority based job bidding procedure used by unionized auto part supplier (American Arbitration Association, 2015).
• Obtained labor arbitration decision upholding termination of municipal police sergeant for substance abuse and work rule infractions (American Arbitration Association, 2014)

Education

• J.D., University of Michigan Law School, 2005
• B.A., University of Michigan, 2002

Admission to Practice

• U.S. Court of Appeals, Sixth Circuit
• U.S. District Court, Eastern and Western Districts of Michigan
• Michigan

• Ogletree Deakins Breakfast Briefing – “Repeal of Michigan’s Right-to-Work Law on the Horizon?” – March 22, 2023
• Ogletree Deakins Breakfast Briefing – “Union Election Petitions are on the Rise: Identifying Employer Strategies to Win a Representation Election” – October 20, 2022
• Ogletree Deakins Webinar – “Reopening the Workplace: An Update for Michigan Employers” – May 6, 2020
• Ogletree Deakins Breakfast Briefing – “Traditional Labor: Best Practices for Investigating, Responding to, and Arbitrating Grievances” – Birmingham – October 24, 2019
• Ogletree Deakins Breakfast Briefing – “Right to Work in Michigan: A Look at the Statistics from the First Four Years” – Birmingham – March 23, 2018
• Ogletree Deakins Breakfast Briefing – “Workplace Investigations” – Birmingham – October 1, 2015
• 2015 Midwest Utility Group (MUG) Conference – “The NLRB’s New Ambush Election Rules, And Strategies To Help You Avoid Becoming A Victim” – Detroit – May 13, 2015
• Michigan Municipal League Capital Conference – “Tying it all Together: Healthcare, EVIP, Labor & More” – Lansing – March 21, 2012
• Michigan Association of Township Supervisors Fall Education Conference – “Roundtable Discussion: Changes to Act 336 and Act 312” – Grand Rapids – October 19, 2011

• March 28, 2023 – HR Dive – “Michigan’s ‘right-to-work’ repeal to bring employers, unions to the bargaining table”

• Recognized in The Best Lawyers in America®
  • Employment Law – Management (2024-2025)
  • Litigation – Labor and Employment (2024-2025)
• Michigan Super Lawyers Rising Star (2013-present)