Partner, Chicago Office and Rockford Office

ph: 312.332.7760
ph: 815.390.7090
fax:312.332.7768
pgerner@robbins-schwartz.com

LinkedIn

Philip H. Gerner III

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.

Awards

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

Recent Publications

  • "Hot Topics in Collective Bargaining," IASB.COM, Illinois Association of School Boards (2014)
  • Contributing author, “Labor Relations: Contract Administration Including ULPs,” Illinois School Law, IICLE (2005, 2010 and 2012)
  • "Collective Bargaining Implications of the Performance Evaluation Reform Act of 2010 (SB 315) and the Education Reform Act (SB 7)," UPDATE Magazine, IASBO (2011)

Recent Presentations

  • Collective Bargaining: Strategies to Deal with Teacher Evaluation, RIF/Recall, Salary, and Contract Reopeners, Illinois Council of School Attorneys, 29th Annual Seminar on School Law (November 2015)
  • Collective Bargaining Negotiations: Full-time Faculty and Adjunct Faculty Contract Language Issues, Illinois Council of Community College Presidents’ 2015 Retreat (October 2015)
  • Administrators’ In-Service/Adjunct Faculty Union Issues, Kishwaukee College (August 2015)
  • Administrators’ In-Service/Faculty Evaluation & Discipline, Kishwaukee College (July 2015)
  • IASB/PERA Training, Illinois Association of School Boards (June 2015)
  • Board Member Training 2015, Illinois Association of School Boards (May 2015)
  • 2015 Joint Conference Panel, Illinois Association of School Boards (April 2015)
  • School Board Leadership, Illinois Association of School Boards (February 2015)
  • Collective Bargaining Negotiations: Trends and Strategies for Bargaining Faculty Contracts, Illinois Council of Community College Presidents’ 2014 Retreat (October 2014)
  • 2014 IASB Program Panel, Illinois Association of School Boards (June 2014)
  • Collective Bargaining Negotiations: Strategies and Techniques for Bargaining Faculty Contracts, Illinois Council of Community College Presidents’ Retreat, Waubonsee Community College, Aurora, IL (October 2013)
  • Discipline and Discharge of Full-Time and Adjunct Faculty, Deans'In-Service, Harper College (February 2013)
  • Evaluating Non-Tenured, Tenured, and Adjunct Faculty, Deans' In-Service, Harper College (February 2013)
  • Effective Methods for Discipline and Discharge of Employees, Supervisors' In-Service, Haprer College (December 2012)
  • Ethical Issues in Labor Board Practice, Panel Member, 28th Annual Illinois Public Sector Labor Relations Law Conference, IIT Chicago-Kent College of Law (November 2012)
  • Teacher and Support Personnel Evaluation and the Discipline of Employees, Administrator In-Service, Lake Forest SD No. 67 (November 2012)
  • Teacher Evaluation and RIF, Administrator In-Service, Lyons SD No. 103 (August 2012)
  • Teacher Evaluation, RIF, and Teacher Best Practices, Teacher In-Service, United No. 304 (August 2012)
  • Collective Bargaining Negotiations Strategies and Techniques for Bargaining Faculty Contracts, Bargaining Team In-Service, McHenry County College (June 2012)
  • The Administrator's Role in Collective Bargaining, Seminar, North Cook Intermediate Service Center (February 2012)
  • School District Obligations and Options for Compliance with the Performance Evaluation Reform Act of 2010 (PERA), Teacher and Administrator In-Service, River Forest No. 90 (February 2012)
  • Employment of Teachers in Illinois after Education Reform -  PERA and SB7 Review, In-Service, North Cook Intermediate Service Center (December 2011)
  • An Overview of Public Act 97-0008 (SB 7) – 2011 Education Reform Act, Administrator In-Service Presentation, LaSalle Regional Office of Education (October 2011)
  • An Overview of Public Act 97-0008 (SB 7) – 2011 Education Reform Act, Teacher In-Service Presentation, Lake Park CHSD No. 108 (October 2011)
  • Key Statutory Changes to Teacher Tenure Accrual, Vacancy Appointments, Teacher Evaluation, and RIF, Administrator In-Service Presentation, Lake Park CHSD No. 108 (October 2011)
  • Discipline and Discharge of College Employees and Workplace Harassment – How to Minimize Employer Liability, Supervisory/Management In-Service Workshop, Kishwaukee College (October 2011)
  • Effective Procedures and Techniques for Employee Evaluation and Teacher Remediation Plans, Administrator In-Service, Evergreen Park CHSD No. 231 (October 2011)
  • ADA Training Workshop, Workshop Presentation, Oakton Community College (October 2011)
  • Revisions to Tenure Accrual and Reduction-In-Force Process, The Nuts and Bolts of the Performance Evaluation Reform Act of 2010, Effective Procedures and Techniques for Employee Evaluation and Teacher Remediation Plans, Administrators’ In-Service, Kenilworth SD No. 38 (August 2011)
  • Revisions to Tenure Accrual and Reduction-In-Force Process, The Nuts and Bolts of the Performance Evaluation Reform Act of 2010, Effective Procedures and Techniques for Employee Evaluation and Teacher Remediation Plans, Administrators’ In-Service, Wilmette SD No. 39 (June 2011)
  • Effective Evaluation and Discipline of Employees and Protocols for the Hiring Process, Curriculum Leaders In-Service Workshop, Lake Park CHSD No. 108 (August 2010)
  • Effective Evaluation and Discipline of Employees, Administrative Council – Legal Update, Wilmette SD No. 39 (June 2010)
  • The Performance Evaluation Reform Act of 2010, Administrators’ In-Service Presentation, Lake Forest SD Nos. 115/67 (June 2010)
  • The Nuts and Bolts of the Performance Evaluation Reform Act of 2010, Administrators’ In-Service Presentation, Adlai E. Stevenson HSD No. 125 (June 2010)
  • Employee Internet Use and Guidelines and Legal Liability Issues, Staff In-Service Workshop, St. Peter Lutheran School (November 2009)
  • Workplace Harassment and How to Minimize Employer Liability, In-Service Presentation, Harper Community College (October 2009)
  • Investigation of Employee Misconduct and Discipline of School District Employees, Principals’ In-Service Workshop, Durand CUSD No. 322 (August 2009)
  • Effective Procedures and Techniques for Employee Evaluation and Teacher Remediation Plans, Principals' In-Service Workshop (August 2009)
  • Employee Internet Use and Guidelines and Legal Liability Issues, Staff Institute Day (August 2009)

Philip H. Gerner III

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

Partner, Chicago Office

ph: 312.332.7760
fax:312.332.7768
pgerner@robbins-schwartz.com

LinkedIn

Philip H. Gerner III

Philip H. Gerner III

Partner, Chicago Office
ph: 312.332.7760
fax:312.332.7768
pgerner@robbins-schwartz.com

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.

Awards

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

Recent Publications

  • "Hot Topics in Collective Bargaining," IASB.COM, Illinois Association of School Boards (2014)
  • Contributing author, “Labor Relations: Contract Administration Including ULPs,” Illinois School Law, IICLE (2005, 2010 and 2012)
  • "Collective Bargaining Implications of the Performance Evaluation Reform Act of 2010 (SB 315) and the Education Reform Act (SB 7)," UPDATE Magazine, IASBO (2011)

Recent Presentations

  • Collective Bargaining: Strategies to Deal with Teacher Evaluation, RIF/Recall, Salary, and Contract Reopeners, Illinois Council of School Attorneys, 29th Annual Seminar on School Law (November 2015)
  • Collective Bargaining Negotiations: Full-time Faculty and Adjunct Faculty Contract Language Issues, Illinois Council of Community College Presidents’ 2015 Retreat (October 2015)
  • Administrators’ In-Service/Adjunct Faculty Union Issues, Kishwaukee College (August 2015)
  • Administrators’ In-Service/Faculty Evaluation & Discipline, Kishwaukee College (July 2015)
  • IASB/PERA Training, Illinois Association of School Boards (June 2015)
  • Board Member Training 2015, Illinois Association of School Boards (May 2015)
  • 2015 Joint Conference Panel, Illinois Association of School Boards (April 2015)
  • School Board Leadership, Illinois Association of School Boards (February 2015)
  • Collective Bargaining Negotiations: Trends and Strategies for Bargaining Faculty Contracts, Illinois Council of Community College Presidents’ 2014 Retreat (October 2014)
  • 2014 IASB Program Panel, Illinois Association of School Boards (June 2014)
  • Collective Bargaining Negotiations: Strategies and Techniques for Bargaining Faculty Contracts, Illinois Council of Community College Presidents’ Retreat, Waubonsee Community College, Aurora, IL (October 2013)
  • Discipline and Discharge of Full-Time and Adjunct Faculty, Deans'In-Service, Harper College (February 2013)
  • Evaluating Non-Tenured, Tenured, and Adjunct Faculty, Deans' In-Service, Harper College (February 2013)
  • Effective Methods for Discipline and Discharge of Employees, Supervisors' In-Service, Haprer College (December 2012)
  • Ethical Issues in Labor Board Practice, Panel Member, 28th Annual Illinois Public Sector Labor Relations Law Conference, IIT Chicago-Kent College of Law (November 2012)
  • Teacher and Support Personnel Evaluation and the Discipline of Employees, Administrator In-Service, Lake Forest SD No. 67 (November 2012)
  • Teacher Evaluation and RIF, Administrator In-Service, Lyons SD No. 103 (August 2012)
  • Teacher Evaluation, RIF, and Teacher Best Practices, Teacher In-Service, United No. 304 (August 2012)
  • Collective Bargaining Negotiations Strategies and Techniques for Bargaining Faculty Contracts, Bargaining Team In-Service, McHenry County College (June 2012)
  • The Administrator's Role in Collective Bargaining, Seminar, North Cook Intermediate Service Center (February 2012)
  • School District Obligations and Options for Compliance with the Performance Evaluation Reform Act of 2010 (PERA), Teacher and Administrator In-Service, River Forest No. 90 (February 2012)
  • Employment of Teachers in Illinois after Education Reform -  PERA and SB7 Review, In-Service, North Cook Intermediate Service Center (December 2011)
  • An Overview of Public Act 97-0008 (SB 7) – 2011 Education Reform Act, Administrator In-Service Presentation, LaSalle Regional Office of Education (October 2011)
  • An Overview of Public Act 97-0008 (SB 7) – 2011 Education Reform Act, Teacher In-Service Presentation, Lake Park CHSD No. 108 (October 2011)
  • Key Statutory Changes to Teacher Tenure Accrual, Vacancy Appointments, Teacher Evaluation, and RIF, Administrator In-Service Presentation, Lake Park CHSD No. 108 (October 2011)
  • Discipline and Discharge of College Employees and Workplace Harassment – How to Minimize Employer Liability, Supervisory/Management In-Service Workshop, Kishwaukee College (October 2011)
  • Effective Procedures and Techniques for Employee Evaluation and Teacher Remediation Plans, Administrator In-Service, Evergreen Park CHSD No. 231 (October 2011)
  • ADA Training Workshop, Workshop Presentation, Oakton Community College (October 2011)
  • Revisions to Tenure Accrual and Reduction-In-Force Process, The Nuts and Bolts of the Performance Evaluation Reform Act of 2010, Effective Procedures and Techniques for Employee Evaluation and Teacher Remediation Plans, Administrators’ In-Service, Kenilworth SD No. 38 (August 2011)
  • Revisions to Tenure Accrual and Reduction-In-Force Process, The Nuts and Bolts of the Performance Evaluation Reform Act of 2010, Effective Procedures and Techniques for Employee Evaluation and Teacher Remediation Plans, Administrators’ In-Service, Wilmette SD No. 39 (June 2011)
  • Effective Evaluation and Discipline of Employees and Protocols for the Hiring Process, Curriculum Leaders In-Service Workshop, Lake Park CHSD No. 108 (August 2010)
  • Effective Evaluation and Discipline of Employees, Administrative Council – Legal Update, Wilmette SD No. 39 (June 2010)
  • The Performance Evaluation Reform Act of 2010, Administrators’ In-Service Presentation, Lake Forest SD Nos. 115/67 (June 2010)
  • The Nuts and Bolts of the Performance Evaluation Reform Act of 2010, Administrators’ In-Service Presentation, Adlai E. Stevenson HSD No. 125 (June 2010)
  • Employee Internet Use and Guidelines and Legal Liability Issues, Staff In-Service Workshop, St. Peter Lutheran School (November 2009)
  • Workplace Harassment and How to Minimize Employer Liability, In-Service Presentation, Harper Community College (October 2009)
  • Investigation of Employee Misconduct and Discipline of School District Employees, Principals’ In-Service Workshop, Durand CUSD No. 322 (August 2009)
  • Effective Procedures and Techniques for Employee Evaluation and Teacher Remediation Plans, Principals' In-Service Workshop (August 2009)
  • Employee Internet Use and Guidelines and Legal Liability Issues, Staff Institute Day (August 2009)

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

Practice Areas