Peter D. Post

Of Counsel Pittsburgh

Mr. Post’s practice involves representation of management in labor law matters and employee benefit disputes, usually concerning litigation.  He advises employers concerning union organizing campaigns, collective bargaining negotiations, arbitrations, equal employment law, and wage and hour matters, as well as disputes under the Employee Retirement Income Security Act.  Peter has specialized in the labor, employment and benefits aspects involved in the purchase, sale and closure of corporate plants and facilities as well as corporate downsizing.

Mr. Post’s experience in ERISA litigation has involved defense of employers against benefit claims by union-represented and non-represented employees and retirees.  Peter has defended employers against class-actions alleging breach of collective bargaining agreements and plan documents by the elimination or modification of retiree health care and life insurance benefits.  Mr. Post has also defended employers and plan administrators against claims of alleged breach of fiduciary responsibilities.


Experience

Mr. Post has handled the following types of cases in recent years:

  • Obtained dismissal of counterclaims alleging breach of contract, bad faith, fraud and violation of Pennsylvania insurance law against an insurer who decided to interplead two competing claimants to life insurance proceeds rather than pay the proceeds to a particular claimant.
  • Convinced a federal court to deny a motion to dismiss an insurance interpleader by successfully arguing under ERISA that the Court had jurisdiction over an out-of-state party based on the party’s contacts with the United States as a whole, rather than with a particular state.
  • Convinced a labor arbitrator to deny the Union’s attempt to overturn an employer’s decision to disqualify an employee from a hazardous job based on lack of competence.
  • Obtained a directed verdict on behalf of a major life insurance company following a trial in which the plaintiff claimed the insurer paid annuity benefits to the wrong party.
  • Successfully argued that state law claims brought under the Federal Employee Group Life Insurance law against a life insurance company should be dismissed based on the preemption doctrine.
  • Convinced the National Labor Relations Board to dismiss two alleged unfair labor practice charges against an international steel company.
  • Represented an international metals company in a decertification election brought by employees at a Midwestern plant.  The employees opted for no representation and the Union did not file any protests concerning the employer’s election conduct.
  • Assisted a healthcare company win union elections by over a 2 to 1 margin at two separate inpatient facilities. No objections were filed by the unions concerning the employer’s conduct during either election.
  • Obtained a "grievance denied" result in favor of a steel company in a discharge arbitration involving insubordination.
  • Defended three unfair labor practice charges against an international steel company: one charge was withdrawn by the union; one charge was dismissed by the NLRB regional director and one charge was deferred to contractual arbitration and later withdrawn.
  • Obtained summary judgment in favor of a major insurance company in a highly complex disability benefits case
  • Successfully defended an international steel company in arbitration against a grievance seeking to greatly expand a monetary benefit provided for in a new collective bargaining agreement
  • Successfully defended a national steel company in a labor arbitration over the termination of an employee for violation of the company’s drug and alcohol policy
  • Obtained “grievance denied” results in labor arbitrations representing (i) a specialty steel company in three cases involving subcontracting, vacation pay, and health care and life insurance coverage for inactive employees; (ii) a national defense contractor in a case involving a job transfer issue as well as a case involving discharge for absenteeism and (iii) a world-wide basic steel company involving severance pay for approximately ninety employees

Professional Activities and Speeches

Professional Activities:

  • American Bar Association
  • Pennsylvania Bar Association
  • Allegheny County Bar Association
  • Management Labor and Employment Roundtable
  • Upper St. Clair Township, Pennsylvania Commissioner, 1991-1994
  • The Pennsylvania Labor Letter (Editor-in-Chief)
  • Contributing editor to ABA’s The Developing Labor Law

Speeches:

  • The 12th Annual Labor & Employment Law Advanced Practices Symposium - ''EEOC Objections to Wellness Plans" and "Review of Pending Supreme Court Cases'' - Las Vegas - March 2016
  • The 10th Annual Labor & Employment Law Advanced Practices Symposium (with Kathy Perkins) - ''Investigating Workplace Misconduct'' - Las Vegas - March 2014
  • The Legal Intelligencer CLE for Corporate Counsel - ''Labor Law Update'' - Pittsburgh - February 11, 2014
  • The Ninth Annual Labor and Employment Law Advanced Practices Symposium - ''Recent U.S. Supreme Court Rulings'' - Las Vegas - April 04, 2013
  • Pittsburgh Association of Corporate Counsel - ''Labor Law Issues in Buying and Selling Corporate Assets'' - Pittsburgh - June 07, 2011
  • The 6th Annual Labor and Employment Law Advanced Practices Symposium - ''Legislative & Regulatory Trends'' - San Diego - April 22, 2010
  • Ogletree Deakins Briefing - ''Avoiding Liability for Negligent Hiring and Negligent Retention'' - Pittsburgh - April 20, 2010
  • Labor and Employment Law Advanced Practices Symposium - ''Discrimination Hot Spots: Disability and Religion'' - Washington, D.C. - November 04, 2009
  • Ogletree Deakins Briefing - ''Downsizing a Workforce: Practical Legal Considerations'' - Pittsburgh - October 06, 2009
  • Ogletree Deakins Briefing - ''Changes in COBRA Caused by the Economic Stimulus Bill'' - Pittsburgh - April 01, 2009
  • The 5th Annual Labor and Employment Law Advanced Practices Symposium - ''Eye on Employment Law: The Latest Developments Impacting Employers'' - Las Vegas - March 19, 2009
  • Ogletree Deakins Briefing - ''DOL Proposed Regulation Requiring Disclosure of Certain Plan and Investment-Related Information'' - Pittsburgh - October 29, 2008
  • Ogletree Deakins Workplace Strategies Seminar - ''Recent Developments in Benefit Litigation: Employers Beware!'' - New Orleans - May 09, 2008

Published Works

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Media

Media Quotes

June 1999 - The Pennsylvania Labor Letter - "Avoiding Liability for Negligent Hiring and Negligent Retention"
November 1998 - The Pennsylvania Labor Letter - "Practical Aspects of Buying and Selling Unionized Facilities"
May 1998 - The Pennsylvania Labor Letter - "Retiree Health Care Benefits - Avoiding the Pitfalls"

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