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 RSNLT in 1983, and has been a partner in the Firm's labor and employment practice group since 1989. Phil was appointed the Firm's Managing Partner in 1998.

Education

• J.D., Washington University School of Law, St. Louis, Missouri, 1980
• B.A., cum laude, Government and History, St. Lawrence University, Canton, New York, 1977

Admitted to Practice

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

Recent Publications

• Negotiation Strategies and Techniques, Alternative Bargaining Methods, and Mid-Term Bargaining Issues, IASBO Annual Conference (Oct. 2006).
• Labor Relations: Contract Administration Including ULPs, ILLINOIS SCHOOL LAW (IICLE, 2005).

Recent Presentations

• Collective Bargaining Update: Faculty, Adjunct Faculty and Classified Staff Contract Language Issues, Community College Conference, Oak Brook (April 2008).
• The Role of Board Members During Collective Bargaining Negotiations Panel Presentation, IASB/IASBO/IASA Joint Annual Conference, Chicago, IL (Nov. 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 (Nov. 2007).
• Collective Bargaining Update, Breakfast Briefing for Board Members and Superintendents, Oak Brook Hills Marriott Resort (Oct. 2007).
• Negotiating Retirement and Sick Leave Benefits After the TRS Reform Statute, Hot Issues in Education, Kent Public Sector Labor Relations Conference (Oct. 2007).
• First Level Grievances: Practical Tips for Deans and Management Representatives Workshop, William Rainey Harper College (Oct. 2007).
• Collective Bargaining Tactics & Techniques, Fall 2007 School Administrators' Conference, Hyatt Lodge at McDonald's Campus (Sept. 2007).
• Teacher Evaluation Workshop, Kenilworth School District No. 38 (Aug. 2007).
• Adjunct Faculty Member Employment Issues; Department Chair and Coordinator In-Service Presentation, Oakton Community College District #535 (July 2007).
• Interest-Based Bargaining Workshop, Erie Community Unit School District No. 1 (June 2007).
• Collective Bargaining Issues for the 2007-08 School Year: What to Expect At the Table, Winnebago Community Unit School District No. 323 Board Members' In-Service Workshop (June 2007).
• The Administrator's Role in Collective Bargaining, North Cook Intermediate Service Center Workshop (May 2007).
• Collective Bargaining Issues for the 2007-08 School Year: What to Expect At the Table, 2007 School Administrators' Conference (May 2007).
• IEA and School Administration - Legal Issues and Negotiations, IASBO 56th Annual Conference (May 2007).
• Collective Bargaining Negotiations: Faculty, Adjunct Faculty, Classified Staff and Public Safety Employee Issues; Community College Administrators' Conference (April 2007).
• Interest-Based Bargaining Workshop, Oswego Community Unit School District 308 (March 2007).