Tom Posey is a Shareholder in Buchalter’s Chicago and Los Angeles Offices and National Chair of the Labor Management Relations Group. Mr. Posey solves labor relations and employment law challenges for clients ranging from startups and small businesses to Fortune 500 companies.

Mr. Posey is a labor negotiator, employment litigator, and management counselor who helps clients achieve their business and operational goals while navigating the myriad federal and state employment laws that impact them. He also represents commercial clients in disputes in other areas of law, with an emphasis on federal and state court litigation matters. He serves as chief labor negotiator for hospitality, manufacturing, building trade, transportation, entertainment, health care and other industry clients in collective bargaining. He represents and counsels employers on grievance arbitrations, unfair labor practice proceedings, and responses to union organizing campaigns. Mr. Posey also assists hospitality and real estate development companies with labor issues related to the construction, purchase, and sale of hotel and restaurant facilities and operations. He regularly advises corporate clients on labor relations issues impacting mergers and acquisitions.

Mr. Posey has litigation and trial experience before arbitrators, state and federal judges and juries, and numerous administrative agencies, and has successfully argued cases before the US Court of Appeals for the Seventh Circuit. He counsels clients and trains management staff on practical strategies for effective management in unionized environments. He also advises and presents on employment discrimination law, workplace harassment, litigation practice and avoidance, and other human resources and personnel-related topics.

Mr. Posey spent six months as the interim chief operating officer and general counsel of a private-sector client during that company’s national expansion. Prior to attending law school, he spent several years in the child protective services division of a national social service agency.

Awards and Honors

  • 40 Illinois Attorneys Under 40 to Watch, Law Bulletin Publishing Company
  • Successfully defended agricultural employer against multiple unfair labor practice and wage and hour claims.
  • Represented multiple hotel employers in negotiating their successor collective bargaining agreements and obtained very favorable wage, benefit and operational terms.
  • Denied plaintiff a jury verdict in his favor in a retaliatory discharge case where plaintiff was seeking several million dollars in damages from an international telecommunications company.
  • Obtained summary judgment on LMRA and ERISA claims brought against an international manufacturing company by more than 50 individual plaintiffs; argued successfully before the Seventh Circuit to uphold the lower court’s rulings.
  • Prevailed in numerous contract interpretation arbitrations on behalf of various Chicago hotels that cumulatively resulted in significant reductions in scheduling limitations and labor expenses for all unionized hotels in the city.
  • Defeated motion for class certification and obtained summary judgment in a case where 43 employees alleged various violations of federal labor laws against an international manufacturing company.
  • Represented a large group of employers in negotiation of a successor agreement with the Teamsters that included wage freezes and expanded subcontracting rights.
  • Advised global hotelier on labor and employment issues related to its entry into the US hotel market.
  • Prevailed before the NLRB on a refusal to bargain charge brought against a service union’s local that forced the union to negotiate with a hotel over several critical wage and working condition terms.
  • Argued successfully before the Seventh Circuit to remand a matter to the US Department of Labor’s administrative hearing process for further proceedings to reduce an unreasonable damages award.
  • Obtained verdict in favor of a school district against former employee in bench trial over multiple state law claims.
  • Obtained summary judgment in multiple harassment, discrimination and retaliation claims brought against a national retailer.
  • Aggressively litigated claims of negligence, fraud and statutory violations on behalf of a school district against its former insurance broker and obtained a very favorable settlement payment for the district.
  • Successfully defended multiple unfair labor practice charges brought against a news media company.
  • Negotiated collective bargaining agreements and defended unfair labor practice charges for health care employers.
  • Successfully defended national retailers in grievance arbitrations and against unfair labor practice charges.

Mr. Posey earned his J.D. from Chicago-Kent College of Law, Illinois Institute of Technology. He earned his B.S. from Illinois State University, and his MSW, from the University of Illinois-Chicago.

  • United States Court of Appeals for the First Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States District Court, Northern District of Illinois
  • United States District Court, Central District of Illinois
  • United States District Court, Western District of Missouri
  • United States District Court, District of Minnesota
  • United States District Court, Northern District of California
  • United States District Court, Central District of California
  • United States District Court, District of Minnesota

Additional Specialties

Labor Management Relations