Overview

Mark S. Ross is a Special Counsel in the Labor and Employment Practice Group in the firm's San Francisco Office.

Areas of Practice

Mark is a seasoned management side labor lawyer who began his career as a trial lawyer with the National Labor Relations Board’s Region 21. He left the NLRB and entered private practice in 1975.

Mark has handled hundreds of labor-management matters before the NLRB and in federal and state courts. He has also successfully argued cases before the United States Supreme Court and in circuit courts of appeal. He advises employers on all aspects of labor-management relations law, including NLRA compliance, union organizing, contract negotiations, arbitrations, and injunctions. He also trains management on NLRA compliance and effective employer-employee communications. Mark also advises employers in corporate campaigns, corporate transactions, and bankruptcies. Mark has also served as an Adjunct Faculty member at the University of San Francisco.

Experience

Experience

Representative Cases

  • Laborers Trust Fund v. Advanced Lightweight Concrete, 484 U.S. 539 (1988)
  • Waremart Foods v. National Labor Relations Board, 354 F.3d 870 (D.C. Cir. 2004) (a successful appeal from an adverse NLRB decision addressing union access to non-union premises for consumer boycott purposes)
  • Adtranz ABB Daimler-Benz Transportation, N.A. Inc. v. National Labor Relations Board, 253 F.3d 19 (D.C. Cir. 2001) (a successful appeal from an adverse NLRB decision overturning an employer election victory and addressing the lawfulness of handbook provisions)
  • Loomis Courier Service, Inc. v. National Labor Relations Board, 595 F.2d 491 (9th Cir. 1979)
  • Road Sprinkler Fitters Local Union 669, 365 NLRB No. 83 (2017) (Union violated Sections 8(b)(4)(A) and (B) of the NLRA by grieving and suing to compel neutral employers to arbitrate another employer’s plant closure; union is enjoined from proceeding with the grievance/suit)
  • McClatchy Newspapers, Inc. d/b/a The Fresno Bee 337 NLRB 1161 (2002) (an NLRB case in which the NLRB found the employer’s discharge of seven union adherents to be lawful)
  • Mack Trucks, Inc., 227 NLRB 711 (1985)

Honors

Honors

Martindale-Hubbell® AV Preeminent Rated

Lawyer of the Year, Best Lawyers, 2019

Best Lawyers in America, 2017-2020

San Francisco, Super Lawyers, 2017

Insights

Articles

  • Law360, 12.13.2019
  • Daily Journal, 10.14.2019
  • How To Take A Case Before The NLRB
    Ninth Edition, Senior Editor, Chapters 19 - 23
  • Obama's NLRB Out of Sync with Precedent
    Daily Journal
  • End the Myopic Focus on Section 7
    Daily Journal
  • NLRB May Have the Last Word on "AT&T"
  • Going Over the Top at Disneyland: Sleazy Union Tactics in "The Happiest Place on Earth"
  • EFCA, Schmefca: The Obama Board Won't Wait for Legislation to Change Labor Law

Labor & Employment Law Blog Posts

Media Mentions

  • GOP-dominated Labor Board Acts Fast to Reverse Rulings
    Daily Transcript, 01.02.2018

Memberships

Memberships

American Bar Association

California Bar Association

San Francisco Bar Association

Education

The George Washington University Law School, J.D., 1973

University of Maryland, B.A., 1968

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals, DC Circuit
  • U.S. District Courts for the Northern, Eastern, and Central Districts of California
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