The Law Offices of Gery T. Nietupski, Esq., LLC, 2006-present
Founding and Managing Member of a limited liability company providing legal counsel and advice to a wide range of public and private sector employees, employers, individuals and municipalities. Practice encompasses representation in matters of business formation and operation, succession planning, labor and employment, estate planning, real estate, and general civil litigation in state and federal courts and before a wide variety of administrative agencies. Labor practice focuses on the representation of employer interests, particularly in the area of equal employment compliance, labor arbitration proceedings, the negotiation of collective bargaining agreements, wage and hour, employee handbooks and policies, unemployment compensation defense and day to day personnel and contract administration.
Representative Corporate Clients
The Electric Materials Company
Modern Industries, Inc.
Central Electric Cooperative
United Electric Cooperative
Engineered Plastics, Inc.
Windsor Beach Technologies, Inc.
Howard Industries, Inc.
Bethesda Lutheran Services
Sarah Reed Children’s Center
Lincoln Recycling, Inc.
Custom Engineering, Inc.
Representative Municipal Clients
Lawrence Park Township
City of Erie
City of Meadville
City of Warren
Erie City Water Authority
Elderkin, Martin, Kelly & Messina, P.C., 1984-2006
Partner and Chairman of the Firm’s Labor and Employment Law Department. Engaged in all phases of legal representation for a large client base comprised principally of public and private sector employers. Practice emphasized the exclusive representation of employer interests in the labor relations area, including: contract negotiations, grievance arbitration proceedings, unfair labor practice charge and wrongful discharge defense, work stoppage matters, EEOC, OSHA and Wage and Hour litigation, and all issues regarding the proper utilization and administration of the workforce, including drug and alcohol testing, employee handbooks and ADA compliance. Have negotiated and administered agreements with a wide variety of international and independent labor organizations, including; Steelworkers, Machinists, TEAMSTERS, UE, IBEW, PSSU, AFSCME, Rubberworkers, NABET, AFTRA, Allied Industrial Workers, FOP, IAFF, Mineworkers, Autoworkers, Glassblowers, Potters, Carpenters, Laborers and Operating Engineers.
Sunday Business Report, 1997-2001
Anchor and host of a weekly television news show sponsored by the Manufacturer’s Association of Northwest Pennsylvania. Prepared and delivered news designed to provide relevant, timely information to employers. Routinely interviewed a wide variety of guests in and out of the studio on topics of regional and national interest.
Edinboro University, 2015-present
Temporary Instructor- Department of Business and Economics. Subject: Collective Bargaining, Human Resource Management, Business Management, Principles of Management, Principles of Marketing, and Introduction to Business & Society.
Gannon University, 1989-2016
Adjunct Professor – Graduate School of Health and Public Administration. Subjects: Administrative Law; Labor Management; Legal and Ethical Issues in Health Care.
Gannon University, LLC, 1985-2016
Adjunct Professor – Graduate School of Business Administration. Subjects: Labor Relations; Business Ethics; Collective Bargaining; Uniform Commercial Code.
Member, Bar of the Supreme Court of the United States, #297386
Pennsylvania Bar Association (Labor and Employment Law Section)
Erie County Bar Association (Past Chairperson, YLD, Law Day and Solo/Small firm committees)
National Association of Underwater Instructors (NAUI Instructor #15874)
Professional Association of Diving Instructors (PADI OWSI Instructor #93931)
Industrial Relations Research Association (National and Western Pennsylvania Chapters)
Former Member, Faculty Senate/ Gannon University
Member and President, Board of Directors, Benedictine Sisters
Member, Board of Corporators, Hamot Health Foundation
Member, Board of Corporators, St. Vincent Health Foundation
Secretary and Member, Mayor’s Budget Review Task Force
Member, Erie County Sheriff’s Department Search and Rescue Scuba Team
Member, and Co-chair, Erie County ADA Task Force
Member, American Cancer Society Golf Tournament Committee
Member, American Red Cross Public Support Committee
Member, Board of Directors, Villa Maria Center
Member, Cathedral Preparatory School Development Advisory Council
Member, Harborcreek Youth Services Advisory Board
Member, Erie Rotary
Member, Sarah Reed Children’s Center Advisory Committee
Member, Board of Directors, International Institute
Member and President, Board of Directors, Erie Humane Society
Former Member and Vice-Chairperson, Erie Civic Center Authority (14 years)
Academic Honors and Awards
Senior Class President, Cathedral Prep Class of 1978
Msgr. Robert B. McDonald Loyalty Award (as selected by Prep Faculty)
Distinguished Student Award, Duquesne Law School (as selected by Law School Faculty)
Editor‑in‑Chief, JURIS (nationally recognized legal news magazine)
Order of Barristers Award (for exemplary courtroom performance)
Law School Winner, Tax Moot Court Competition
Law School Representative, Albert Mugel National Tax Moot Court Competition (Finished 7th out of 34 participants nationwide)
Erie County Bar Association Scholarship
Pennsylvania Lawyer’s Wives Scholarship
Frank J. Devlin Achievement Scholarship for Excellence in the Boler School of Business/ John Carroll University
Articles and Publications
“Caveat Emptor Revisited: An Acquiring Employer’s Liability Under the Successorship Doctrine”, 19 Juris 19, Spring, 1985
“To Bargain or Not to Bargain: A Managerial Dilemma”, 20 Juris 4, Fall, 1985
“Employee Terminations, RIF’s and Plant Closings”, Pennsylvania Bar Institute, PBI No. 1991-639 (Co-Author)
Law Offices of
818 State St., Suite A
Erie, PA 16501