Barclay Damon
Barclay Damon

Robert P. Heary

Robert P. Heary

Partner

p: 716.566.1570

f: 716.846.1202

icon_email rheary@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Bob Heary has more than 25 years of experience representing employers and their management teams in all aspects of labor and employment law.

Bob routinely advises public, private, and not-for-profit businesses as well as municipal employers with respect to labor and employment matters, including compliance with applicable labor and employment laws, labor management relations, development and implementation of employment practices and policies, managing employee performance issues, and in connection with business acquisitions and divestitures. Bob also represents employers in federal and state court actions, as well as in administrative proceedings involving federal and state agencies, including the United States Equal Employment Opportunity Commission, the New York State Division of Human Rights, the National Labor Relations Board, the NYS Public Employment Relations Board, the Occupational Safety and Health Administration, and the NYS and US Departments of Labor.

Bob’s practice includes counseling and representing management in union organizing campaigns, collective bargaining negotiations, and grievance and arbitration proceedings. Bob’s practice also includes defending employers charged with discrimination, breach of contract, wrongful discharge, wage and hour violations, unfair labor practices, and other employment disputes. In addition, Bob represents employers in the enforcement of restrictive covenants involving confidentiality and non-competition.

In addition to his practice, Bob is the firm's Business Services Practice Group leader.

Representative Experience

  • Successfully defended a US affiliate of a Canadian manufacturing company that supplies the oil and gas industry against unfair labor practice charges filed by several former employees following an unsuccessful union organizing attempt.
  • Successfully represented the former Lackawanna City School District Board of Education president, a co-defendant along with the Board of Education and the school district, in connection with claims of discrimination, retaliation, and harassment pursuant to Title VII and Section 1983 brought by three former employees of the school district, resulting in voluntary dismissal of the claims against the former school board president.
  • Obtained summary judgment on behalf of a large medical practice located in Utica, New York, in connection with a claim of national origin discrimination by a former employee.
  • Defended a US subsidiary of a South American food manufacturer against unfair labor practice charges filed by several former employees following an unsuccessful union organizing attempt at the employer’s facility, resulting in the dismissal/withdrawal of all of the charges. 
  • Obtained summary judgment, which was sustained on appeal to the US Court of Appeals for the Second Circuit, on behalf of a high school principal who was a co-defendant along with the Buffalo Board of Education in a Section 1983 First Amendment retaliation claim.
  • Resolved a class action race discrimination lawsuit brought by the US Equal Employment Opportunity Commission on behalf of more than 70 current and former employees against a large commercial roofing contractor.
  • Obtained partial summary judgment, partial jury verdict and, ultimately, judgment as a matter of law, which was affirmed on appeal to the US Court of Appeals for the Second Circuit, in connection with a same-sex sexual harassment and retaliation claim brought by a former employee against a nuclear power plant operator. 
  • Obtained summary judgment on behalf of US subsidiary of a Japanese manufacturing company in connection with claims of age discrimination and breach of contract. 
  • Resolved a class action sexual harassment lawsuit brought by the US Equal Employment Opportunity Commission on behalf of 18 current and former female employees brought against a distribution company.

Practice Areas

Education

  • University at Buffalo School of Law, J.D., cum laude, 1991
  • State University of New York at Buffalo, B.S., 1986

Admitted To Practice

  • New York, 1992
  • U.S. Supreme Court
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. District Court, Western District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Northern District of New York

Memberships & Affiliations

  • American Bar Association
  • New York State Bar Association
  • Erie County Bar Association

Civic Activities

  • Erie County Bar Association Volunteer Lawyers Project, Director
  • University at Buffalo Law School Alumni Association, Former President and Board of Directors Member

Speaking & Publications

Honors

  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2007-2017 for Employment & Labor
  • The Best Lawyers in America, 2013-2018 for Employment Law - Management

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Cohen, Swados, Wright, Hanifin, Bradford & Brett, LLP, Partner