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James B. Cox focuses his practice on Employment Law and Labor Relations, representing management in court and agency litigation, collective bargaining and the myriad laws that govern the workplace.
Significant litigation:
Modern Continental/Obayashi v. MCAD and Edmands, 445 Mass. 96 (2005), This SJC opinion is the first case in Massachusetts to address the limits of an employer’s liability to its employees for harassment committed by non-employees (in this case, a subcontractor's employees).
Pierre v. Salem State College, 97-BED-4433 (2006); Adedeji v. North Adams State College, 98-1201609 (2003). In these first MCAD decisions regarding G.L. c. 151C, the institutions argued for the proper test to determine discrimination in admission in an academic program of higher education in Massachusetts.
Garvey v. Westfield State College, Hampden Superior Court CA No. 96-874. A 2001 jury trial in which a verdict for the employer was returned in an age discrimination matter. The plaintiff had demanded damages in excess of one million dollars.
City of Boston v. Labor Relations Commission, 15 Mass. App. Ct. 122 (1982). This case challenged the order of a state agency and established the limits of the agency’s remedial authority to award attorney’s fees to a union that prevailed on a charge of prohibited practice.
Accomplishments:
- Conducted anti-discrimination training of managers in residential healthcare settings, higher education and municipal safety services.
- Negotiated and advised parties regarding employment and severance agreements, including questions of the enforceability of non-competition and non-solicitation provisions.
- Successfully arbitrated grievances for employers in higher education, manufacturing; trucking, police and fire departments.
- Advised employers in the negotiation and administration of collective bargaining agreements with private and public sector unions. Defeated national unions organization efforts.
- Audited workplaces and drafted employment policy manuals to ensure compliance with state and federal laws.
- Appeared before the all trial and appellate courts of the Commonwealth, the United States District Court, the First Circuit Court of Appeals, the NLRB, the EEOC, the State Labor Relations Commission, the Massachusetts Commission Against Discrimination and other state agencies.
- AV rating in Martindale-Hubbell.
Practice Areas
Labor & Employment
Education
Boston University School of Law, J. D., 1980
Babson College, M.B.A., 1976
Boston University, B.A., 1975
Bar Admissions
Massachusetts
Professional and Community Involvements
Former Assistant Corporation Counsel, Supervisor of Labor Relations for The City of Boston, 1980-1985.
Editor and Author: Progressive Discipline Law Reporter, Quinlan Publishing, Boston, Massachusetts.
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