Frank D. Niklas
835 Spyglass Lane
Lexington, Kentucky 40509
Home phone: (859) 294-5991
Cell phone (859) 494-0230


Profile and Career Summary
Polished, confident and decisive professional with a diverse background in human resources, law, employee relations, coaching & training, dispute resolution, mediation, compliance, negotiation, mergers & acquisitions, environmental, health & safety compliance, manufacturing and business matters. Possess outstanding management and people skills. My employment law experience, human resources and mediation skills make me particularly well suited to provide top-notch leadership as the Vice President Human Resources- Construction.


LeadershipExpert contract drafting and interpretation
Skilled compliance managementMotivator
Analytical & Interpretive skillsAble to identify and minimize risks
Policy drafting & implementationFiscal responsibility
Adaptability & InnovationStrong communication skills
NegotiationPersistent
Excellent rapport-builderTeam player
Effective public speaker/trainerProficient with multiple tasks
Problem solving skills Expert regulatory interpretation and compliance guidance


Using my strengths and experience, I have consistently performed at a high level while contributing to the bottom line.
Through my understanding and creativity, I have successfully: re-shaped deals to make them more profitable; resolved major disputes without litigation; streamlined procedures; repeatedly managed litigation to favorable outcomes and, led an industry group in a regulatory appeal saving my company alone over $300,000 in the first year. My reputation is for being level-headed and reasonable, and for delivering win-win outcomes in EHS, business and legal matters. My reputation is for being level-headed and reasonable. It is natural for me to get along well with people from all backgrounds and at all levels. Filling more than the shoes of an attorney and EHS director, I provided cost effective solutions to management on sales and general business matters as well as on human resource/employee relations matters. My discerning business judgment and legal expertise allows me to think and act like a business partner.

My goal is to use my HR, legal, EH & S, regulatory compliance, business and manufacturing expertise to improve efficiency, productivity, revenue and morale.


Professional Experience:
2005 Present: Champion Window & Patio Rooms, Lexington, KY Factory Consultant

At the end of 2004, I left Alltech as an employee to pursue new challenges and opportunities. While planning to start my own home improvement business, I acted as a consultant to Alltech and its subsidiaries for several months. An opportunity to join Champion, the nations largest home improvement company, proved to be the best course of action for me at that time. I became a consultant to home owners for projects such as patio room placement and design, window and door replacement/enhancement and siding. Given my home improvement experience and ability to learn quickly, I was able to represent all product lines within a few months of joining the company. Even though I was junior to other consultants, I began helping to train other consultants in patio room design/construction and siding. In my first full year, I exceeded One Million Dollars in sales and was the top earning consultant in Lexington. In my second year, I was again the leading sales consultant in Lexington in both sales and earnings, exceeding $1.37 Million in sales and joined the ranks of the Achievers Club. I am decidedly in the lead for 2008 in all categories. However, I now desire to return to a more professional environment and do what I do best HR, Law, Compliance and Business.




2000 2004: Alltech, Inc., Nicholasville, KY General Counsel & HR Director
Assessed needs and built and managed corporate headquarters legal department and HR department
Negotiated and completed several acquisitions and a divestiture of a business unit
Managed and monitored EHS compliance domestically and internationally
Updated employee policies manual instituting positive changes
Managed domestic and international disputes, contracts, employment, IP and FDA regulatory matters
Developed policies, research contracts, distribution and manufacturing agreements, advertising review process
Conducted in house training for marketing and sales groups on permissible product claims per FDA regulations
Developed and delivered in-house training programs for supervisors on a variety of legal topics
Completed ICM mediation course and utilized techniques to resolve numerous disputes
Developed trusting relationships with international managers, customers and suppliers
Traveled to subsidiary locations worldwide to negotiate deals, assess legal/business matters and resolve disputes
Advised business directors on establishing new offices, all business contracts, negotiate with distributors
Successfully negotiated resolution of odor complaints and particulate discharges at Wisconsin and Canadian sites

In this role, I was challenged to assess the companys current and future needs in a rapid growth, international environment and provide the required services. My broad experience allowed me to build a small team of professionals that provided cost effective and responsive legal and human resource support to the company while it doubled in size in less than five years. The company now has more than 70 offices worldwide and product distribution in over 80 countries. I also directed and managed the companys intellectual property portfolio world-wide. During my tenure at Alltech, I handled the acquisition of properties and a business unit divestiture. On several occasions, it became necessary to either initiate or defend against litigation, both in the US and in foreign countries. While some of these actions are still active, I have been successful in resolving all of these matters to the benefit of Alltech. Acting as more than an attorney, I was also involved in strategic planning, employee training, risk management and operations.

1990 - 2000: PMC Global Management, Inc., Sun Valley, CA Environmental Legal Counsel
Provided operational and legal advice on CWA, RCRA, CAA, CERCLA, EPCRA, TSCA, NCP, NEPA & OSHA
Developed and implemented EH & S Policy that defined roles, promoted compliance and saved money
Conduct EH & S due diligence for acquisitions and draft appropriate indemnities and obligations clauses
Performed safety, health and environmental compliance audits for all facilities in USA
Developed and maintained good relationships with local government agencies and USEPA
Managed and directed defense of numerous environmental enforcement actions/litigations
Developed site specific practices to ensure safe handling, storage and disposal of hazardous wastes
Analyzed and developed strategies to reduce risk, liability and costs associated with operations and compliance
Created and produced workshops making employees more aware of risk, safety and cost saving opportunities
Negotiated a $22 MM environmental (CWA) claim against a PMC subsidiary down to a $1.6MM settlement
Directed environmental lawsuit resulting in $7MM plus %100 allocation of future costs to former owner
Financial and operational responsibility for the decommissioning and demolition of a major chemical facility
Negotiated settlement of a multi-site environmental claim saving $100K+ in legal fees and recovering $1.2MM
Handled site investigations and remediation at numerous PMC operating sites
Became a trusted business advisor to many of the PMC subsidiary company presidents
Made presentations to managers and technical staff on the legal impact of their activities
Managed time and projects of outside counsel reducing legal fees by approximately 25%
Addressed top management at annual meetings on operational liability issues

My primary responsibility was to manage this manufacturing companys environmental liabilities; past, present and future. Many of the companys properties were subject to clean-up orders issued by the state, and other properties were later discovered to require environmental remediation due to historic activities of the previous owners. A previous in-house attorney and one law firm attorney reviewed the agreements and opined that the Company had no recourse against previous property owners for substantial liabilities. I was successful in securing a judgment against one of those previous owners and negotiated settlements with others based on the same agreements. Subsidiary manufacturing included chemicals, flexible foam, colors, machinery, electronics, plastics extrusion and molding and many other industries. This was a hands-on, traveling role in which I quickly became more than a company legal counsel. Given my close contact with all subsidiary Presidents and Managers, I also became their first choice for assistance with employment law and human resource issues. I learned the details of each business and was integrated into the management scheme of many of the subsidiaries, assisting with personnel, business relations, customers and due diligence for acquisitions and deals.
1987-1990: Chevron U.S.A., Inc., Ventura, CA Attorney, Offshore Environmental Coordinator
Successfully negotiated land use permits-EIR/EIS, air permits, regulations and Hearing Board actions
Analyzed and interpreted contractual rights and obligations for operations with partners and regulators
Reduced a $3.03MM penalty demand to a $25K settlement without litigation
Successfully led an industry group in an appeal against the Santa Barbara County APCD saving over $300K
Negotiated several offshore platform space use agreements with seven partner companies
Task force member for Platform Gail development and for Platform Esther dismantling/abandonment
Improved companys Environmental Mitigation Agreements resulting in decreased operating costs

Based on my earlier onshore experiences, I became the offshore environmental coordinator to support Chevrons oil and gas production needs. I dealt extensively with air and water issues as they affected the companys ability to produce and transport product. On behalf of Chevron and six other producers, I led a successful challenge to newly imposed restrictions that would have made current and future production activities uneconomical.


1981-1987: Standard Oil Production Company, Houston, TX Attorney, Land Department
Negotiated environmental mitigation measures for drilling in sensitive marshlands
Resolved disputed claims for production rights and royalties preventing costly litigation
Streamlined procedures for disposition of leased properties saving time and money
Developed good relationships with local governments as the liaison for permitting
Joint venture and land lease negotiator, providing company with profit potential opportunities

In support of exploration and production activities, I acquired mineral rights and land use permits for drilling, negotiated operating agreements with partner companies, and was instrumental in managing disputes on royalty payments.

1978-1981: Civil and Criminal Law Practice in California Attorney at Law
I performed a wide variety of motion, trial and appeal work, research and drafting documents for civil and criminal proceedings, taking and defending depositions. I authored several successful appellate briefs and summary judgment motions.



Education

Western State University College of Law, Fullerton, CA
Degree: Juris Doctor
University of Pittsburgh, Pittsburgh, PA
Degree: Bachelor of Science
Double Major: Psychology and Speech Communication