Barry J. Kearney

Of Counsel

Barry Kearney, former associate general counsel of the National Labor Relations Board (NLRB), is of counsel in the firm’s Washington, D.C. office. Barry’s career with the NLRB spanned 46 years, during which he helped decide some of the NLRB’s most difficult and important decisions in the agency’s role in enforcing the National Labor Relations Act.     

Barry is active in the Developing Labor Committee in the Labor and Employment Section of the American Bar Association, where he was public co-chair of the committee for two decades. He is the editor of the 4th, 5th and 6th edition of the labor law treatise Developing Labor Law.

Barry earned his J.D. from St. Louis University and his M.B.A. in industrial relations from Syracuse University. He has a B.S. in business management from the University of Harford. 

Experience

News

NLRB Advice Division Head To Step Down At Month's End

July 10, 2019

Barry Kearney discussed with Law360 about the National Labor Relations Board's top legal theorist and adviser stepping down.

Labor board’s handbook guidance eases employer concerns

July 03, 2018

Barry Kearney, of counsel in Cozen O'Connor's Labor & Employment department, discussed with Business Insurance the National Labor Relations Board's return to pre-Obama era handbook rules.

National Labor Relations Board strikes pro-employer stance

December 12, 2017

Barry Kearney, of counsel of Cozen O'Connor's Labor & Employment department, was quoted in Business Insurance about the new pro-employer changes by the National Labor Relations Board.

NLRB's New Top Cop Crucial To Anticipated Pro-Biz Shift

December 01, 2017

Barry Kearney, of counsel to Cozen O'Connor's Labor & Employment department, was quoted in Law360 about the new National Labor Relations Board General Counsel Peter Robb.

Cozen O’Connor Continues Rapid Expansion of Labor & Employment Department and Washington D.C. Office with Addition of Former NLRB Counsel

August 15, 2017

Barry Kearney, former associate general counsel of the National Labor Relations Board, joins the firm as of counsel.

Publications

NLRB Reaffirms Its Commonsense Approach to the Validity of Employee Rules [Alert]

October 17, 2019

Barry Kearney discusses the Board's commonsense analysis of what kind of employee conduct the rule it is attempting to regulate.

NLRB Breaks With 70 Years of Precedent and Develops a New Test for Unilateral Changes

October 01, 2019

Barry Kearney discusses the 3-1 decision in MV Transportation and why unions will now have to convince arbitrators that the employer’s unilateral action violated the agreement.

NLRB: After Boeing, Union Organizing Becomes Harder [Alert]

September 19, 2019

Barry Kearney discusses the Board's clarification of how the shared and distinct interests should be weighed when deciding whether the petitioned-for unit was appropriate.

The Access of Off-Duty Contractor Employees to Private Property: A New Rule by the NLRB [Alert]

September 03, 2019

Barry Kearney discusses the NLRB's decision in Bexar County Performing Arts Center Foundation and its implications for off-duty employees who wish to communicate with the public about their working conditions.

Access to Public Space on an Employer’s Property by Non-Employee Union Organizers: A New Rule [Alert]

July 17, 2019

Barry Kearney discusses the NLRB overturning nearly four decades of precedent.

Events & Seminars

Past Events

24th Annual Employment Law Institute

April 27, 2018 - Philadelphia, PA

2017 Labor and Employment Law Update - Chicago

October 05, 2017 - Chicago, IL

Practice Areas

Education

  • St. Louis University, J.D., 1971
  • Syracuse University, M.B.A., 1965
  • University of Harford, B.S., 1964
  • Missouri
  • District of Columbia

Member, District of Columbia Bar Association

Member, Missouri Bar Association

Member, American Bar Association

Public Co-Chair of the Developing Labor Committee, Labor and Employment Section of the American Bar Association

Member, Council of the American Bar Association Section of Labor and Employment Law, 2011-2016

Fellow, Member, Board of Governors of the College of Labor and Employment Lawyers

Past President (2010), College of Labor and Employment Lawyers