Overview
Pete focuses his legal practice on representing management in employment-related litigation and in contract negotiations, NLRB proceedings, union matters, EEO matters and arbitration.
Pete previously served for two years as a presidential appointee to the National Labor Relations Board (NLRB) in Washington D.C. While serving on the NLRB, he was involved with significant decisions including Oakwood Healthcare, Inc., Dana/Metaldyne and Oil Capital Sheet Metal, Inc. In addition, Pete testified before the Senate Judiciary Committee on the nominations of John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan and Neil Gorsuch to the Supreme Court. He continues to testify before and advise members of the U.S. Congress on employment law matters.
Pete was reappointed by the Speaker of the House of Representatives to his fifth consecutive six-year term on the U.S. Commission on Civil Rights, making him the longest-serving member in the Commission’s history. His term will expire in December 2031.
Pete’s experience includes having served as lead counsel to the National Association of Manufacturers in litigation before the U.S. Circuit Court for the District of Columbia against the NLRB, challenging the Board’s Notice of Employer Rights Posting Rule. The court ruled in favor of Benesch’s client, striking down the NLRB’s Rule in its entirety. This ruling impacted over six million employers nationwide who would have been subject to the posting requirement.
What I Do
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Experience
Prepared an amicus brief on behalf of several major trade associations in support of the appeal of Browning-Ferris, Inc. to the D.C. District Court of the National Labor Relations Board’s joint employment decision that has momentous consequences for all employers nationwide.
Represented the National Association of Manufacturers in litigation before the U.S. District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia against the National Labor Relations Board, challenging the Board’s Notice of Employee Rights Posting Rule. The Court of Appeals permanently enjoined implementation of the Rule as being beyond the Board’s statutory authority and in conflict with employers’ rights under § 8(c) of the National Labor Relations Act.
Represented a steel processing manufacturer in OHSA, workers’ compensation and personal injury litigation proceedings following a machine failure resulting in the death of the machine operator.
Represented a major hospital in complex bankruptcy proceedings involving three major unions.
Successfully represented an employee leasing firm in the trucking industry in obtaining a court order vacating an arbitration award which reinstated a discharged truck driver who had tested positive for drugs.
Represented a foundry before OHSA and the Industrial Commission after one of the company’s employees died, allegedly from a workplace injury.
Represented the Defendant in an age discrimination case in Cuyahoga County Commons Pleas Court. The matter was tried to a jury which returned a complete defense verdict. The final settlement demand prior to trial was in excess of $10 million. The jury verdict was rendered in April 2012 and is currently being appealed.
Secured summary judgment for Myers Industries, Inc. in a disability discrimination case brought by a former employee. We handled this case from filing to conclusion, ultimately prevailing at summary judgment and on appeal before the Second Circuit. Substantively, we were able to prove that Plaintiff never disclosed his alleged disability to Myers Industries, Inc., which defeated his claims for disability discrimination or failure to accommodate when he was otherwise returned to work with no restrictions after a short medical leave.
Served as in-house labor counsel for five years for Leaseway Transportation, which became Penske Logistics. Handled transportation-related labor matters in that capacity throughout the country, including, but not limited to, employment litigation, labor arbitrations, national master labor agreement negotiations, local union bargaining, EEO matters, DOT compliance, Wage&Hour investigations, and OFCCP audits.
Represented employers in scores of arbitrations and labor negotiations.
Won complete jury verdict defending employer in multimillion dollar wage and hour class action case.
Won complete jury verdict for major employer in eight figure discrimination claim.
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Credentials
Education
- Articles Editor, Law Review
Clerkships and Bar Admissions
More
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Past Chair of the Board of Directors, The Center for New Black Leadership
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Adjunct Professor, Cleveland State University, Cleveland-Marshall College of Law
- Listed, The Best Lawyers in America©, Employment Law – Management; Labor Law – Management; Litigation – Labor and Employment,
2014-2026 - Listed, Benchmark Litigation, Labor & Employment Star, 2020-2024
- Best Lawyers®, Labor Law – Management, Lawyer of the Year, 2023
- Listed, Ohio Super Lawyers, 2015-2021, 2023
- Listed, Chambers USA Leading Lawyers, Labor & Employment 2016-2021
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