312.332.7760 (tel.)
312.332.7768 (fax)
pgerner@rsnlt.com

Practice Areas: Education Law, Labor & Employment

Phil Gerner counsels and represents school districts and community colleges in collective bargaining negotiations, union representation petitions and IELRB proceedings, teacher evaluations, remediations and dismissals, employee discipline and discharge issues, labor contract administration and grievance arbitration, and other labor and employment issues. Phil has represented school districts and community colleges in numerous labor arbitrations, unfair labor practice hearings, tenured teacher dismissals, and IDHR and EEOC proceedings. Phil has successfully handled a number of appellate court appeals on issues of significance for educational employers, including short-term employee bargaining unit exclusion standards, teacher evaluation plan bargaining obligations, and RIF/seniority rights of tenured teachers.

Phil is a frequent presenter for IASB, IASA, IASBO, ICCTA and other educational employer associations on a full range of labor and employment issues, including collective bargaining negotiations, teacher evaluation and remediation, school administrator employment contracts, employee discipline and discharge, and public employee speech and concerted activity issues.

Phil joined Robbins, Schwartz in 1983, and has been a partner in the Firm's labor and employment practice group since 1989.

Education

• J.D., Washington University School of Law, 1980
• B.A., cum laude, St. Lawrence University, 1977

Admitted to Practice

• U.S. District Court for the Central District of Illinois
• U.S. District Court for the Northern District of Illinois
• Supreme Court of Illinois

Awards

• Illinois Leading Lawyer, Employment and School Law, 2004-2010

Recent Publications

• Contributing author, "Labor Relations: Contract Administration Including ULPs," ILLINOIS SCHOOL LAW (IICLE, 2005, 2010)
• Negotiation Strategies and Techniques, Alternative Bargaining Methods, and Mid-Term Bargaining Issues, IASBO Annual Conference (Oct. 2005)

Recent Presentations

• Employee Internet Use and Guidelines and Legal Liability Issues, Staff In-Service Workshop, St. Peter Lutheran School (November 2009)
• Effective Evaluation and Discipline of College Employees, Supervisors' In-Service Workshop, Harper Community College (April 2009)
• Effective Evaluation and Discipline of College Employees In-Service Workshop, Oakton Community College (November 2008)
• IELRB Developments Panel Presentation, Illinois Public Sector Labor Relations Law Conference, Chicago-Kent College of Law, Chicago, IL (November 2008)
• Workplace Harassment and How to Minimize Employer Liability In-Service, Oakton Community College (September 2008)
• Successful Collective Bargaining Negotiations: Roles, Methods and Strategies, IASB Fall Conference, Utica, IL (September 2008)
• The Role of Board Members During Collective Bargaining Negotiations Panel Presentation, IASB/IASBO/IASA Joint Annual Conference, Chicago, IL (November 2007)
• Restrictions on School Employee Speech Revisited: An Analysis of Federal and Appellate Court Decisions Post-Garcetti v. Cellabos, Illinois Council of School Attorneys' Twenty-First Annual Seminar on School Law Presentation, Chicago, IL (November 2007)
• Negotiating Retirement and Sick Leave Benefits After the TRS Reform Statute, Illinois Public Sector Labor Relations Program Panel Presentation, Chicago-Kent College of Law , Chicago, IL (October 2007)
• First Level Grievances: Practical Tips for Deans and Management Representatives Workshop, William Rainey Harper College (October 2007)