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Frank J. Saibert



Frank Saibert has over 30 years of experience in labor and employment law. He represents public and private sector employers in all types of employment law matters, including those involving unionized labor.

What do you focus on?

My approach is to solve employment-related problems expeditiously, minimizing client disruption, reducing risk and keeping costs under control. This often requires a very aggressive response to lawsuits and union actions.

My work cuts across a wide range of industries. While I do significant work for health care clients, I also represent clients in financial services, manufacturing and real estate.

I advise employers on a wide range of employment issues with an emphasis on discrimination, backpay compliance, wrongful discharge, workplace defamation, Family Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA) and social media matters. My experience in traditional labor matters includes representing employers in union election campaigns, unfair labor practice claims and labor contract negotiations. I represent employers in state and federal courts and agencies, in arbitrations and before the National Labor Relations Board (NLRB).

What do you see on the horizon?

Federal agencies, including the National Labor Relations Board and Equal Employment Opportunity Commission, will continue to push agendas that will create a difficult regulatory environment for employers.  

Representative Experience

  • Represented a Chicago-area federally qualified health center (FQHC) in decisively turning back Service Employees International Union organizing drives in professional and non-professional bargaining units
  • Advising a Chicago manufacturing concern resulting in the decertification of a Teamsters local by a 34-11 vote
  • Representing a suburban Chicago scrap hauler resulting in the decertification of Teamsters Local 731
  • Representing a major car rental company in two union-free campaigns in Florida. In both campaigns, the company won and remained union-free
  • Representing a major Chicago manufacturer during a difficult one-year strike by the United Steel Workers Union
  • Representing a suburban Chicago hospital in a two-year organizing battle with the Operating Engineers Union
  • Harbeck v. Baxter Healthcare Corporation, 2019 WL 1382070 (N.D. Ill. 2019) (summary judgment granted in this Title VII retaliation case)
  • Barroeta v. Astellas Pharma Global Development, Inc., 2017 WL 3918191 (N.D. Ill. 2017) (summary judgement granted, Americans With Disabilities Act case)

  • Isbell v. Baxter Healthcare Corporation, 2017 WL 1196890 (N.D. Ill. 2017) (summary judgment granted, retaliation and age discrimination).
  • Contreras v. LifeSource/ITxM, 2016 WL 6217088 (N.D. Ill. 2016) (summary judgment granted, national origin discrimination).
  • Rapold v. Baxter International, Inc., 718 F.3d 602 (7th Cir.), cert.denied, 134 S.Ct. 525 (2013). (national origin discrimination – defense jury verdict sustained on appeal).
  • Townsend v. Alexian Brothers Medical Center, et al., Case No. 13 C 1881, 2014 U.S. Dist. LEXIS 91551 (N.D. III. July 7, 2014). (summary judgment for employer sustained in this race, reverse gender and retaliation case).
  • Elmore v. Northwest Community Hospital, 2011 WL 3439257 (N.D. Ill. 2011). (summary judgment achieved, race discrimination).
  • Munjal v. Patel, et al, 229 Ill. 2nd 628 (2008). (summary judgment sustained, workplace defamation).
  • Achanzar v. Ravenswood Hospital, et al., 260 Ill. Dec. 879, 762 N.E.2d 538. (1st Dist. 2001).  (defense jury verdict sustained, workplace defamation).
  • Savanna Jazz, LLC v. Fillmore Properties, LLC, 2006 WL 1467942 (Cal. App. 1 Dist. 2006). (summary judgment sustained, race discrimination).
  • Martin v. Deloitte & Touche LLP, 2005 WL 3115228 (N.D.Ill. 2005). (summary judgment, race discrimination).
  • Lohr v. Northwest Community Hospital, 2000 U.S. Dist. LEXIS 16782 (N.D. Ill. Nov. 16, 2000). (summary judgment achieved, age, gender and disability discrimination).
  • Douglas, et al. v. Maddox, et al., 233 Ga.App. 744, 505 S.E.2d 43 (1998). (workplace defamation).
  • Chicago Park District v. Richardson, 220 Ill. App.3d 696, 581 N.E.2d 97 (1st Dist. 1991), appeal denied, 143 Ill.2d 636, 587 N.E.2d 1012 (1992). (civil service).
  • Simon v. Ravenswood Hospital Medical Center, 814 F. Supp. 33 (N.D. Ill. 1992). (motion to dismiss granted on discrimination claims).
  • Schmitz v. Campbell-Mithun, Inc., 124 F.R.D. 189 (N.D. Ill. 1989). (summary judgment and sanctions granted in an employment contract matter).

Presentations

  • Presenter, “Land of Confusion: Illinois Non-Competes,” Wilmette Roundtable Group, July 2017
  • Presenter, “Equal Employment Opportunity Commission Update,” North Shore Labor Council, April 2016
  • Presenter, “A Review of Recent EEOC Travesties: March Mining, CVS & Supervalu/Jewel Osco,” North Shore Labor Council, December 2014
  • Presenter, “Social Media Pitfalls,” The Rosenberg Associates, October 2012
  • Presenter, “Protecting Managers and Supervisors, Including HR Professionals, from Individual Liability,” Council on Education Seminar, March 2005

Publications

  • The Developing Labor Law (3rd Edition), American Bar Association, 01/01/90

Labor board fails to see pretext in union member’s termination

Chicago Daily Law Bulletin | August 28, 2019

Chicago Labor and Employment partner Frank Saibert authored this article about a National Labor Relations Board case related to a union member who was fired by her employer, Electrolux.

NLRB memo shows push to deflate Fat Cat and Scabby

Chicago Daily Law Bulletin | July 08, 2019

Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing an ongoing matter before the National Labor Relations Board concerning the ability of organized labor to use large inflatable animals as part of their worksite picketing activities.

NLRB reins in employee protections

Chicago Daily Law Bulletin | May 29, 2019

Chicago Labor and Employment partner Frank Saibert wrote this article analyzing a case before the National Labor Relations Board, which has taken a newly restrictive view on what constitutes “protected concerted activity” in the workplace.

Scabby, Fat Cat find town signage ban lawful

Chicago Daily Law Bulletin | March 13, 2019

Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing a Seventh Circuit decision that allowed a Wisconsin town to invoke its signage ban to exterminate a giant inflatable balloon rat displayed by a local labor union.

Worker fired for concealed weapon wins appeal

Chicago Daily Law Bulletin | January 15, 2019

Chicago labor and employment partner Frank Saibert authored this column about a labor dispute related to Ameren Illinois Co.’s decision to fire an employee for violating the company’s workplace violence policy when a firearm was found in the employee’s vehicle.

Ex-Indiana University professor loses race discrimination case

Chicago Daily Law Bulletin | October 10, 2018

Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing a lawsuit filed by an Indiana University professor who blamed racial discrimination for the university’s decision to deny him tenure.

Union rep missing from meeting, employer probe leads to firing

Chicago Daily Law Bulletin | August 01, 2018

Chicago labor and employment partner Frank Saibert authored this column about a recent National Labor Relations Board decision regarding Weingarten rights which allow union-represented employees, who might be facing discipline, to have a union representative present for any questioning related to the matter.

Saucy worker pays for slam with job

Chicago Daily Law Bulletin | June 06, 2018

Chicago labor and employment partner Frank Saibert wrote this contributed article about a ruling on an unfair labor practice complaint filed by a pizzeria employee who was fired for demeaning his boss in a staff meeting.

Deceptive Office Entry Costs Union Organizer Job

Chicago Daily Law Bulletin | March 27, 2018

Chicago labor and employment partner Frank Saibert wrote this contributed column on a National Labor Relations Board dispute between an area hotel and an employee/union organizer who was fired following a demonstration.

NLRB Slaps Hotel Operators over Baseless Union Lawsuit

Chicago Daily Law Bulletin | February 26, 2018

Chicago labor and employment partner Frank Saibert contributed this article on a court dispute between the owners of an Anchorage, Alaska hotel and its unionized workforce.

Trump Labor Board Forges Forward

Chicago Daily Law Bulletin | January 23, 2018

Chicago labor and employment partner Frank Saibert contributed this article on the National Labor Relations Board’s shift in outlook as a result of the election of President Trump.

Mental health exam bests ADA shield

Chicago Daily Law Bulletin | December 27, 2017

Chicago Labor & Employment partner Frank Saibert authored this column about a recent U.S. Circuit Court of Appeals decision in Painter v. Illinois Department of Transportation, which addressed employee protections if an employer requires a mental health exam.

Appeals court gives pass on racial slurs

Chicago Daily Law Bulletin | November 19, 2017

Chicago labor and employment partner Frank Saibert looks at how the divided U.S. 8th Circuit Court of Appeals ruled on the case of a striking employee fired after shouting racial slurs at temporary workers crossing an Ohio picket line.

Long-term medical leave not part of FMLA

Chicago Daily Law Bulletin | October 22, 2017

Chicago labor and employment partner Frank Saibert authored this column about a recent definitive ruling from the 7th U.S. Circuit Court of Appeals regarding whether a long-term leave of absence is considered a reasonable accommodation under the Americans with Disabilities Act.

Federal courts grind up gender bias charges against sausage company

Chicago Daily Law Bulletin | September 17, 2017

Chicago labor and employment partner Frank Saibert contributed this article analyzing a case surrounding a former employee’s sexual discrimination claims.

Appellate court clobbers labor board in union arrest case

Chicago Daily Law Bulletin | August 16, 2017

Chicago labor and employment partner Frank Saibert authored this column about a decision in the U.S. Court of Appeals for the DC Circuit which sided with a big-box retailer in a dispute with union representatives who were arrested for trespassing at the store.

Counting union ballots and close calls

Chicago Daily Law Bulletin | July 04, 2017

Chicago labor and employment partner Frank Saibert authored this column about a recent decision in the 7th U.S. Circuit Court of Appeals which reversed the National Labor Relations Board ruling regarding a case involving a scribbled-upon ballot in a secret union ballot election.

Collective bargaining agreement allows court action before arbitration

Chicago Daily Law Bulletin | June 18, 2017

Chicago labor and employment partner Frank Saibert authored this column about Vega v. New Forest Home Cemetery LLC, involving a seasonal employee’s alleged violations of the Fair Labor Standars Act and the Illinois Wage Payment and Collection Act.

Court of Appeals slaps labor board over employee interrogation rights

Chicago Daily Law Bulletin | May 21, 2017

Chicago labor and employment partner Frank Saibert authored this column about a recent unanimous decision by the U.S. Court of Appeals for the District of Columbia Circuit that reversed a National Labor Relations Board ruling regarding employee rights during an interrogation by an employer.

Labor board finds company comments too quid pro quo for its liking

Chicago Daily Law Bulletin | April 23, 2017

Chicago labor and employment partner Frank Saibert contributed this article about a case involving an employer’s misleading comments about possible pay raises if employees voted against a labor union.

NLRB allows a ‘do-over’ after ALJ error

Chicago Daily Law Bulletin | March 21, 2017

Chicago labor and employment partner Frank Saibert authored this column about developments in a case involving the National Labor Relations Board and a union discharge.

7th Circuit rewrites sanction standards

Chicago Daily Law Bulletin | January 29, 2017

Chicago labor and employment partner Frank Saibert authored this column about a recent dismissal that was upheld by the 7th U.S. Circuit Court of Appeals and how the ruling affects sanction standards.

Two-fisted union boycott campaign finds clear labor act violations

Chicago Daily Law Bulletin | January 10, 2017

Chicago labor and employment partner Frank Saibert authored this column about a lawsuit resulting from a labor union’s boycott against a hotel and casino in Chicago.

NLRB 1964 Civil Rights Act bump heads

Chicago Daily Law Bulletin | December 14, 2016

Chicago labor and employment partner Frank Saibert authored this column that discusses an ongoing litigation between Cooper Tire & Rubber Co. and the National Labor Relations Board. The dispute is over whether Cooper violated the National Labor Relations Act by firing an employee who yelled racist comments at a temporary worker who crossed the union’s picket line during a lockout.

7th Circuit reverses worker’s jury verdict

Chicago Daily Law Bulletin | November 09, 2016

Chicago Labor & Employment partner Frank Saibert authored this “Labor Daze” column about the 7th Circuit reversing a ruling in a recent lawsuit in federal court involving a railway worker who claimed that his firing was a violation of the Federal Railroad Safety Act.

Even non-violent labor act crosses line

Chicago Daily Law Bulletin | October 10, 2016

Chicago Labor & Employment partner Frank Saibert authored this column that focuses on strikers and exceptions to protections under the National Labor Relations Act when they engage in misconduct.

Contact

Frank J. Saibert

Partner

Chicago

Phone: 312-977-4154


Fax: 844-571-6780

University of Michigan Law School, J.D., cum laude

University of Illinois, B.A., summa cum laude, Phi Beta Kappa

Illinois

U.S. District Court, Northern District of Illinois

U.S. District Court, Southern District of Illinois

Federal Trial Bar, Northern District of Illinois

U.S. District Court, Eastern District of Michigan

U.S. District Court, Western District of Wisconsin

U.S. Court of Appeals, Seventh Circuit

U.S. Court of Appeals, Ninth Circuit

U.S. Supreme Court

  • Leading Lawyers Network 2013
  • Chambers USA: America's Leading Lawyers for Business, 2009 - 2014
  • A/V Rated, Martindale-Hubbell, 2005-2011
  • Illinois Super Lawyers, Labor & Employment
  • Recommended in The Legal 500 United States 2017 editorial for Intellectual property—Trade secrets.
  • Former Co-Chair, Chicago Bar Association Young Lawyers Section Committee on Labor and Employment Law
  • Former Co-Editor-in-Chief of the Journal, the monthly publication of the Chicago Bar Association Young Lawyers Section
  • Illinois Association of Healthcare Attorneys
  • Past President, Chicago Chapter of the National Human Resources Association
  • President, Bohemian Lawyers Association
  • Board of Directors of the Fillmore Center for Human Services, a community-based mental health agency, Director and Past President
  • Seguin Services, Inc., an agency that aids the developmentally disabled, Director
  • Former Lyons Township Republican Committeeman
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