Timothy G. Costello

Email: tgc@kclegal.com

Timothy G. Costello has been practicing labor and employment law since 1980. He joined the firm in 1984 and became a shareholder in 1986. His practice emphasis is in construction, meat packing, hard goods, food manufacturing and the distribution industries.

Tim successfully handled major arbitration involving the right of union employees to engage in sympathy strikes, and litigation concerning keeping peace on picket lines by defining the union's right to picket and the employer's right to do business. He also prevailed in arbitration involving claims of pay guarantees in excess of $30 million and major ergonomics cases which resulted in OSHA significantly reducing the fine and withdrawing major portions of the citation or withdrawing the citation altogether. Tim has also handled over 100 labor arbitrations and has represented many employers in collective bargaining negotiations. He has recently obtained a favorable jury verdict of no-liability in an ADA matter brought by the EEOC and an OSHA decision reducing proposed OSHRC penalties from $255,500 to $33,500.

Tim is a contributing author to various publications on Wisconsin's Family and Medical Leave Law, OSHA and related safety issues, and co-author of Construction Labor and Employment Law for the Wisconsin Contractor, published by the Wisconsin Chapter of the Associated General Contractors of America, Inc.

He is a frequent presenter to employers and associations on federal and state discrimination law, OSHA and employee discipline and the law. As Chair of Wisconsin Manufacturers & Commerce's Human Resources Steering Committee, Tim is also involved in several employment cases before the Wisconsin Supreme Court or its Courts of Appeals as amicus curiae.

He is admitted to practice in all Wisconsin state courts, before the U.S. District Courts in Wisconsin and Michigan and before the U.S. Courts of Appeals for the Sixth, Seventh, Eighth and Eleventh Circuits.

Publications

"Labor Day: Justice for Janitors Working on Madison"
Wisconsin State Journal
September 5, 2005
Timothy G. Costello discusses the status of organized labor

Professional Associations

State Bar of Wisconsin, Labor and Employment Section
General Bar of the US District Court for the Northern District of Illinois
American Bar Association, Labor Law Section
Wisconsin Manufacturers & Commerce, Chair of Human Resources Steering Committee
Associated General Contractors, Wisconsin Chapter, Chair of Legal Advisory Committee
Wisconsin Legislative Council, Public Member of Special Committee on
            Genetic and Medical Information in the Workplace
Associated General Contractors, National Labor Lawyers Council
Wisconsin Dairy Products Association, Inc.
Wisconsin Transportation Builders Association, Inc.
American Road and Transportation Builders Association
Wisconsin Legislative Council Committee on the Americans with Disabilities Act
Wisconsin Legislative Council Committee on Expunction of Criminal Records

Reported Cases

Murphy v. Jason, Inc. 362 F.Supp. 2d 976, N.D. Ill.; Opsteen v. Keller Structures Inc. 408 F.3d 390, 7th Cir. (Wis); Hubbard v. Messer, 673 N.W.2d 676 (Wis. 2003); Hutchinson Technology v. LIRC, 671 N.W.2d 717 (Wis. Ct. App. 2003); Sec'y of Labor v. Bob Anderson Builders, 19 OSHC 1877 (2002); Sec'y of Labor v. Lunda Construction 20 OSHC 1134 (2003); Sec'y of Labor v. Zenith Tech, 17 OSHC 1288 (1995) and 17 OSHC 1314 (1995); Buchanan, et. al. vs. Tower Automotive, 31 F.Supp. 2d 644, 1999 202 F.3d 272 (10-20-99 affirmed); Roeder v. Chemrex 863 F.Supp. 817, E.D. Wis. 9-8-94; Wausau Mosinee Paper Corp. and Local 1260 PACE www.wisbar.org/res/wercg/2000/6083.htm; Geo. A. Hormel & Co. vs. Asper, 428 NW2d 47 (Minn. 1988); Geo. A. Hormel & Co. vs. Asper, 415 NW2d 706 (Minn. 1987); St. James vs. Scot Lad Foods, 652 F.Supp. 1228 (N.D., Ill., 1987); General Drivers and Dairy Employees, Local No. 563 vs. Bake Rite Baking Co., 580 F.Supp. 425 (E.D. Wis. 1984); Kumrow vs. Teamsters General Local No. 200, F.Supp. 393 (E.D. Wis. 1983); R. M. Bowler Contract Hauling Co., Inc. vs. Central States, Southeast and Southwest Areas Pension Fund, 547 F.Supp. 783 (S.D. Ill. 1982); Roadmaster Corp. 98 Lab Arb. (BNA) 847 (1992); Lake to Lake Dairy, 77 Lab. Arb. (BNA) 452.

Education

B.A., 1977, Marquette University, graduated cum laude
J.D., 1980, Marquette University Law School

Honors and Awards

AV® Peer Review Rated
         CV, BV and AV are registered certification marks of Reed Elsevier Properties,
         Inc., used in accordance with the Martindale-Hubbell certification procedures,
         standards and policies.
Member of Madison Who's Who of Professionals, 2006-2007
Wisconsin Super Lawyer 2005, 2006

Community Involvement

Children's Hospital of Wisconsin, The Max McGee Juvenile Diabetes Fund, Director