GINA M. ROCCANOVA. Gina M. Roccanova Principal th Street, Suite 1500 Oakland, California 94607
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1 GINA M. ROCCANOVA Gina Roccanova is a Principal at Meyers Nave and Chair of the Labor and Employment Practice Group, where she serves public and private employers with more than 20 years of experience in negotiations, counseling, litigation, arbitration and training. She is well known for her ability to communicate and create an atmosphere of trust in stressful, high-profile situations. A California State Bar certified mediator and senior employment and labor attorney, Gina has proven expertise delivering legal solutions that are effective, efficient and pragmatic. She understands the unique considerations that impact each client, ranging from private clients business strategies to public clients political circumstances. Gina M. Roccanova Principal th Street, Suite 1500 Oakland, California T: F: groccanova@meyersnave.com Practice Group Labor and Employment California Bar Number Education University of Michigan Law School, JD, 1995 Yale College, BA, cum laude, American Studies, 1989 Practicing Since: 1996 Gina s decade of service as a Deputy City Attorney on the Labor Team in the San Francisco City Attorney s Office provides her with special insights for handling a wide range of matters faced by government entities, including administrative hearings, collective bargaining and labor arbitrations, as well as providing advice and counsel to elected and appointed officials. Examples of her experience include representing management in labor negotiations with numerous employee groups as legal counsel and lead negotiator; successfully defending the City in litigation, arbitration, and unfair labor practice proceedings; and supervising disciplinary and public integrity investigations resulting in improvements and fewer reversals through the grievance process. In private practice, Gina has also handled employment matters for private businesses and non-profit entities in the health care, education, hospitality, marketing, and technology sectors, among others. She has particular expertise in the areas of discrimination, accommodation, leave of absence laws, wage-and-hour law, medical and recreational marijuana use issues, and NLRB enforcement in non-unionized workplaces. Roccanova Page 1 of 5
2 Gina has handled representation and decertification petitions for clients before the Public Employment Relations Board, and has defended clients against unfair labor practice charges incident to organizing campaigns. She has advised public and private-sector clients on issues such as permissible parameters of organizational picketing and pamphleting; rules limiting management communication with employees before and during organizational campaigns and elections; proper conduct of elections; and bargaining unit determination. Reflecting her highly regarded public service and legal expertise, in 2013 San Francisco Mayor Edwin Lee appointed Gina to a six-year term on the San Francisco Civil Service Commission, which oversees all aspects of City employment and serves both a policy-making and adjudicatory function. The five-member Commission handles resolution of discrimination complaints, eligibility and hiring, promotion, qualifications, and job classification. Gina has developed and frequently presents education and training programs to City managers, attorneys and human resources professionals on leave management, harassment (AB 1825), discrimination, retaliation, disability law, workplace violence, effective investigations and discipline, among other legal and regulatory topics. Gina clerked for the Honorable Sue L. Robinson of the United States District Court from Representative Experience San Francisco Unified School District v. City and County of San Francisco, et al. Successfully defended the City s merit system, and the Educational Code provision requiring classified employees to participate in it, against a constitutional challenge from the School District. The City s two biggest unions intervened on the side of the City, and Ms. Roccanova led the team to victory on the parties motions for summary judgment. The judgment was upheld on appeal. Johnson v. City and County of San Francisco. Obtained summary judgment on behalf of the City in a complex disparate impact case challenging a fire department promotional examination. Successfully defended against an effort to enjoin an upcoming promotional exam. Hessong v. City and County of San Francisco. In this disability discrimination case, won summary judgment on a theory of the plaintiff s failure to participate in the interactive process. Williams v. City and County of San Francisco. Obtained a nonsuit in a case seeking specific performance of a settlement agreement. Martinez v. City and County of San Francisco. Won summary judgment for the City in a race discrimination/failure to promote case and successfully defended the decision on appeal. SEIU v. City and County of San Francisco. Successfully defended the City against a claim that 500 layoffs should be subject to arbitration. In re Marriage Cases. Developed aspects of the case, assisted in moot court, participated in strategy sessions, and otherwise supported lead counsel in this historic constitutional case for marriage equality. Roccanova Page 2 of 5
3 Stationary Engineers Local 39 v. City and County of San Francisco. In this PERB challenge to San Francisco s Charter-mandated impasse resolution process, the union contended that the City s local rules violated the Meyers Milias Brown Act. Successfully defended the Charter language and obtained a ruling that the union had violated it. PERB upheld the hearing officer s conclusions. Won summary judgment on behalf of clients in harassment, retaliation, termination, and failure to hire claims. Obtained dismissal sanction against plaintiff for discovery abuses. Successfully tried dozens of public safety discipline cases and arbitration hearings. Represented public agencies in interest arbitration and fact-finding. Secured, through interest arbitration, major work rule concessions and more than $10 million in salary concessions from San Francisco Municipal Transportation Agency operators. (2010) Obtained favorable rulings from PERB in a challenge to city's impasse resolution procedures. Reviewed, consulted and created comprehensive employment agreements, checklists, handbooks, forms, and guides for managers in emerging companies. Advised public and private-sector employers on collective bargaining, unit determination and related issues. Advised clients on preparing for potential union organizing efforts, addressing such issues as picketing activity and wage-and-hour concerns. Served as General Counsel to the City and County of San Francisco's Health Service System. Published Opinions San Francisco Unified School District v. City and County of San Francisco, et al., (2012) 205 Cal.App.4th 1070 City and County of San Francisco v. Stationary Engineers, Local 39 (2007) 31 PERC 82 Presentations and Publications Author, Sexual Harassment in the Workplace: Today s Headlines Create Opportunities for Change for Employers, The Recorder, December 7, 2017 Presenter, How to Conduct Workplace Investigations that Stand Up in Court and Arbitration, California Public Employers Labor Relations Association Annual Training Conference, 2017 Roccanova Page 3 of 5
4 Presenter, How to Effectively do Progressive Discipline with a Difficult Employee, California Public Employers Labor Relations Association Annual Training Conference, 2017 Presenter, "California's New Marijuana Law: How Does It Impact Employers?, Meyers Nave webinar and Lorman Education Services webinar, 2017 Q&A Interview, Five New Challenges Facing Employers Today, NorthBayBiz, October 2017 Author, California Aims to Raise Bar On Overtime Salary Test, Law360, July 17, 2017 Author, Is California Moving Toward Completely Blind Hiring? Daily Journal, May 10, 2017 Author, AB 1289: New Law Creates Exception to the Trend of Limiting Pre-Employment Screening, Daily Journal, January 18, 2017 Presenter, Legalized Recreational Marijuana: Do's and Don'ts for Employers, Meyers Nave webinar, 2017 Author, A Likely Shift On Joint Employment Policies Ahead, Law360, November 22, 2016 Presenter, Addressing the Under-Performing Employee s Pre-Emptive Strike, California Public Employers Labor Relations Association (CALPELRA), 2016 Presenter, Developing Your Theory of the Case, California Public Employers Labor Relations Association (CALPELRA), 2016 Presenter, Advanced Topics in Leaves of Absence, Meyers Nave Webinar, 2016 Author, Marijuana Legalization: What s on the Horizon for California Employers?, CEBblog post, 2016 Author, Medical Marijuana in the Workplace: A Legal Overview and Practical Suggestions for the Future, California Special Districts Magazine, Vol. 11, Issue 2, March/April 2016 Presenter, Medical Marijuana in the Workplace: Sorting Through the Legal Haze, General Manager Leadership Summit, California Special Districts Association, 2016 Presenter, Overview of Board Responsibilities in Responding to Staff Complaints, Fistula Foundation, 2016 Presenter, Avoiding Pitfalls in Hiring, Meyers Nave Webinar, 2016 Presenter, The Child Abuse And Neglect Reporting Act (CANRA), California Public Employers Labor Relations Association (CALPELRA) Annual Training Conference, 2015 Presenter, Managing Leaves of Absence, Public Employer Labor Relations Association of California (PELRAC) Annual Conference, 2015 Presenter, The Paid Sick Leave Law (AB 1522) - Are You Ready? Southern California Public Labor Relations Council (SCPLRC), 2015 Roccanova Page 4 of 5
5 Presenter, The Family and Medical Leave Act and California Family Rights Act: What You Need To Know, BASF Barristers Club, 2008 Author, New Laws in the New Year, The Recorder, November 28, 2012 Professional Affiliations Member, The State Bar of California Member, The Bar Association of San Francisco Member, Northern California Human Resources Association Member, California Public Employers Labor Relations Association Member, Hospital Association of Southern California President, San Francisco Civil Service Commission (Mayoral appointed member) Roccanova Page 5 of 5
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