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Education

  • J.D., Washington University School of Law, 1980, Articles Editor, Washington University Urban Law Review
  • B.A., State University of New York-Binghamton

Admissions

  • Missouri, 1981
  • New York, 1980
St. Louis
Phone: 314.622.6623
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Bradley G. Kafka

Shareholder

Bradley Kafka is a shareholder and leads the firm's St. Louis Labor & Employment practice group.  He represents management in a wide variety of industries including construction, manufacturing, consumer goods, banking, and retail services. Mr. Kafka is experienced in all aspects of labor and employment law including:

  • Federal and state court litigation
  • Collective bargaining negotiations
  • Defense of union organizing campaigns
  • Discrimination claims
  • Non-competition and non-solicitation disputes
  • ERISA litigation and multi-employer pension and welfare plans
  • Restrictive covenants including non-competition, non-solicitation, and nondisclosure agreements 
  • Drafting employee handbooks and employment policies

Mr. Kakfa successfully negotiated a collective bargaining agreement with the United Steel Workers, the Teamsters, and the Oil and Chemical workers, for separate manufacturing employers in which employees were required, for the first time, to make substantial contributions towards health care premiums. He has also defended publicly traded companies in disputes over funding deficiencies and withdrawal liability with multi-employer pension plans. He has defended employers in federal and state court cases involving claims under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act and ERISA.

Mr. Kafka is a frequent lecturer on labor, employment, and ERISA topics before business groups and trade associations.

Memberships and Affiliations

  • American Bar Association
  • Bar Association of Metropolitan St. Louis

Experience

Mr. Kafka’s labor and employment law experience includes:

 
  • A dispute pertaining to litigation and arbitration of a case involving the Building and Construction Industry Exemption under ERISA § 4203(b)
    Mr. Kafka is currently litigating a dispute involving numerous employers and a multi-employer pension fund regarding the scope of the Building and Construction Industry Exemption contained in ERISA § 4203(b). This case may establish precedent as to the proof and standards applicable to the Building and Construction Industry Exemption.
  • Declaratory Judgment and Injunction Case Involving Conflicting Claims of Work Jurisdiction
    While at his previous firm, Mr. Kafka lead a team to obtain a declaratory judgment and an injunction on behalf of a client in a case involving conflicting claims of work jurisdiction. The client was performing work on a significant construction project in northern California. Along with numerous employers and unions, it was signatory to a project labor agreement. This case set the parameters for resolving jurisdictional disputes under the project labor agreement and other similar agreements involving the same publically traded large owner.
  • Negotiation of a Provision in a Collective Bargaining Agreement to Eliminate Defined Contribution Plan
    On behalf of a large, publicly traded client, Mr. Kafka negotiated a provision in a collective bargaining agreement to eliminate the employer’s participation in a multi-employer defined benefit plan and to instead place the bargaining members in the employer’s defined contribution plan. This negotiation also involved withdrawal from the multi-employer pension plan and negotiation of withdrawal liability. The collective bargaining agreement provision was negotiated without a strike and established a pattern for other units of the same employer at various locations throughout the United States. Mr. Kafka handled this matter while with his previous firm.
  • Litigation of Prevailing Wage Determination
    On behalf of a group of contractors Mr. Kafka successfully litigated a case in which the Missouri Department of Labor and Industrial Relations utilized an incorrect formula for establishing the prevailing wage. He successfully litigated the case in Circuit Court and in the Missouri Court of Appeals for the Western District. The case was particularly notable in that it established a methodology as to how the prevailing wage is determined in the state of Missouri. Mr. Kafka handled this matter while with his previous firm.
  • Delinquent Contribution Case Involving Traveling Employees
    While at his previous firm, Mr. Kafka successfully litigated an ERISA delinquent contribution case in which a multi-employer pension fund claimed that our client was obligated to pay retirement contributions to that fund on behalf of employees of other local unions who had traveled into the area to work even though our client had already made such contributions to the home pension funds of those traveling employees. This case established important precedent regarding the use of reciprocity agreements among regional fringe benefit funds whose participants were members of the same international union. It also helped the client and other employers avoid future claims for duplicative fringe benefit payments.
  • Misappropriation of Trade Secret Case
    On behalf of a business client in the software industry, Mr. Kafka successfully obtained a multi-million dollar jury verdict against a major corporation for misappropriation of trade secrets. Mr. Kafka handled this case while at a previous firm.
  • Defense of Class Action Alleging Wage and Hour Violation
    While at his previous firm, Mr. Kafka defeated an effort to certify a class of employers in Madison County, Illinois. The plaintiffs had alleged violations of federal and state overtime laws. When the class was not certified, the plaintiff dismissed its lawsuit against the client.
  • Defense of Discrimination Claim Under the Americans With Disabilities Act and Missouri Human Rights
    Mr. Kafka successfully defended a consolidated case filed by two employees who had been terminated by a subsidiary of a large publically traded company. The employees each alleged that they had been terminated due to their disabilities. Mr. Kafka obtained a summary judgment on behalf of his client and against the plaintiff employees on all counts. This case took place while Mr. Kafka was at another firm.

News

January 8, 2013
Polsinelli Shughart Attorney Bradley Kafka to Lead St. Louis Labor and Employment Practice
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