Barclay Damon
Barclay Damon

Bob 
     Heary

Bob Heary

Partner

p: 716.566.1570

f: 716.846.1202

icon_email rheary@barclaydamon.com
icon_download Vcard

Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Bob is Barclay Damon’s Business Services Practice Group leader. He brings more than 25 years of experience to his practice, representing employers and their management teams in all aspects of labor and employment law.

Bob advises public, private, and not-for-profit businesses as well as municipal employers on labor and employment matters, including compliance with applicable labor and employment laws, labor-management relations, developing and implementing employment practices and policies, managing employee-performance issues, and 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 US Equal Employment Opportunity Commission, the NYS 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. He also defends 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 noncompetition.

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, another co-defendant, 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 the 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 national-origin discrimination claim 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 and withdrawal of all charges.
  • Obtained summary judgment that 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 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 that 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 a 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 women employees 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
  • Bar Association of Erie County

Civic Activities

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

Speaking & Publications

Honors

  • The Best Lawyers in America®: Employment Law—Management, 2013-2019
  • Selected to Super Lawyers Upstate New York: Employment & Labor, 2007-2018

Prior Experience

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

Alerts