Anna's experience in handling a variety of labor and employment matters for clients enables her to become a trusted partner when problems arise. She works with clients in a variety of industries, including energy, manufacturing, and health care, helping them protect their assets and reputation while navigating through challenges and managing risk.
Understanding that a company's human capitol can often lead to complicated, costly and even damaging issues, Anna works quickly to get to the root of the problem while mitigating her client's risk and exposure. She has steered clients through a myriad of issues, including advising management about union organizing campaigns, providing supervisory training, conducting internal investigations, and handling collective bargaining negotiations. Knowing that each company has different objectives and problem solving processes, Anna adapts her strategy to fit the circumstances. With a unique mix of business savvy and legal acumen, she is capable of stepping into a case at any point to guide clients through their problems while maintaining the requisite level of discretion.
She also frequently takes a proactive approach with clients, drawing on her experience to offer a variety of management and supervisory skills training incorporating risk management and compliance, seeking to help clients identify and prevent problems before they arise. She advises clients on a number of state and federal issues encompassed by employment law, including unions, wrongful discharge, discrimination, employee conduct and fraud allegations. Anna also has represented clients in the coal industry in whistleblower claims relating to safety violations under MSHA.
When litigation becomes necessary, Anna brings a wealth of experience in state and federal courts, where she has tried a variety of labor and employment cases to jury verdicts for clients. She has successfully defended clients in cases of alleged sexual discrimination, gender discrimination, workers' compensation fraud and non-compete matters, working with her client to provide efficient counsel that meets their goals. She has also won multi-million dollar verdicts against unions for business interruptions.
Anna is a member of the firm's Associate Evaluation Committee.
Memberships & Affiliations
· West Virginia Chamber of Commerce, Board of Directors and Past Chair of the Human Resources Committee
· West Virginia Coal Association, Human Resources Committee
· Leadership West Virginia, Past Chair of Board of Directors
· Women Lawyer's Alliance, Member
· Defense Trial Counsel of West Virginia, Labor & Employment Committee
· Eastern Mineral Law Foundation, Trustee
· Kanawha County Parks & Recreation Commission, President
· Coonskin Park Foundation, Board of Directors, Secretary - Treasurer
Distinctions
· Listed as a Labor and Employment Lawyer in Chambers USA Guide to America's Leading Business Lawyers, 2004-present
· Listed in The Best Lawyers in America® for Labor and Employment, Mining and Natural Resources Law
· Selected for the West Virginia Super Lawyers® List
· Peer Review Rated AV in Martindale-Hubbell
Experience
Elk Run v. UMWA - (S.D.W.V. 1986)
Elk Run
Successfully represented Plaintiff in Section 303 damage case in federal court
Ellis v. West Virginia American Water Company, Inc. (Kanawha County, WV 05-C-749)
West Virginia American Water Company, Inc.
Successful defense in suit alleging sex discrimination by company HR manager following discharge for inappropriate e-mail communications. Obtained summary judgment on all issues.
EEOC v. Brooks Run Mining, LLC, (S.D.W.V. 5:08-CV-71) (2009)
Brooks Run Mining, LLC
Successful resolution of gender discrimination claim
District 29, UMWA v. Royal Coal Company, 786 F.2d 588 (4Cir. 1985)
Royal Coal Company
Case involving company's obligation to provide health benefits to retired and disabled miners
Eastern Associated Coal Corp. v. United Mine Workers of America, District 17, et al., 531 U.S. 57 (2000)
Eastern Associated Coal Corporation
Case involving issues of public policy, arbitration, and termination for drug use
Erwin v. West Virginia American Water Company, Inc., (Cabell County, WV 07-C-1067)
West Virginia American Water Company, Inc.
Defense of suit alleging wrongful termination, workers' compensation discrimination/retaliation, and workers' compensation fraud. Beneficial compromise reached following successful motion for summary judgment on liability and damage issues.
Pittston Coal Group, Inc., 334 NLRB 690 (2001)
Pittston Coal Group, Inc.
Successfully defended company in ULP case regarding failure to provide information which was outside control of employer and where employer made good faith effort to obtain.
Representation of Energy Industry Companies
Past or current subsidiaries of Foundation Coal, Peabody Energy, Pittston, Massey Energy, Patriot Coal Corporation, Magnum, Arch Coal, Alpha Natural Resources, Pen Coal and Island Creek
Various labor and employment issues
MHC, Inc. v. UMWA, 685 F.Supp. 1370 (E.D. KY 1988)
MHC, Inc.
RICO case brought as a result of UMWA violence
Hildebrand v. Ashland v. Chemtreat, Inc., (S.D.W.V. 2:07-CV-585) (2008)
Ashland, Inc.
Represented company in non-compete litigation.
Marrowbone Development Company v. UMWA, (S.D.W.V. 1987)
Marrowbone Development Company
Successfully represented Plaintiff in Section 303 damage case in federal court
Captive Audience Legislation in West Virginia
West Virginia Chamber of Commerce
Testified on behalf of West Virginia Chamber of Commerce regarding Captive Audience Legislation in West Virginia and appeared on television program "Decision Makers" to debate issue against UMWA official and Delegate who proposed bill.
6-RC-12619 - Simonton Windows (2008)
Simonton Windows
Represented employer in R proceedings; provided labor law training to supervisors
9-CA-43629 - Carmeuse Lime LLC, (2007)
Carmeuse Lime LLC
Successfully defended company in discharge case involving alleged union organizer discharged for repeated safety violations.
27-CA-20837 - Foundation Coal West, Inc. (2008)
Foundation Coal West, Inc.
Successfully represented company in subsequent case regarding failure to promote union organizer and settled new allegations regarding distribution issues.
11-RC-6591 - Lone Mountain Processing, Inc. (2005)
Lone Mountain Processing, Inc.
Represented company in election proceedings
27-CA-20202; 27-CA-20295 - Foundation Coal West, Inc., 352 NLRB No. 22 (2007-2008)
Foundation Coal West, Inc.
Represented company in solicitation and distribution cases incident to union organizing drive and issues surrounding a mixed-use venue.
9-CA-44064 - Magnum Coal Company and Apogee Coal Company (2008)
Magnum Coal Company and Apogee Coal Company
Successfully defended company in unilateral change charge on implementing drug testing program after its discussions with union.
9-RC-18325 - Eagle Creek Mining, LLC (2010)
Eagle Creek Mining
Represented company in R hearing over unit issues and provided labor law training to supervisors
AEP Ohio Coal (2003)
AEP Ohio Coal
Represented company in R-hearings, ULP charges and advice on lawful campaign communications
9-RC-18206 - Carmeuse Lime LLC, (2008)
Carmeuse Lime LLC
Represented employer in R proceedings and gave legal advice on lawful communications during election campaign.
9-RC-17844 - Rockspring Development, 353 NLRB No. 105 (2004-2009)
Rockspring Development
Successfully represented company at NLRB hearings on UMWA election ballot challenges and regarding supervisory issues before NLRB
9-RC-18041; 9-RC-18044 - Kingston Resources (2004-2005)
Kingston Resources
Represented company in R petitions filed by union; provided labor law training to supervisors
Publications
February 17, 2012, Accommodating Religion in the Workplace is a Balancing Act
February 14, 2012, West Virginia Miners Deserve Drug Free Workplaces
The State Journal
June 24, 2011, New NLRB Rules Would Speed Up Unionization Elections
September 8, 2010, Medical Marijuana and the Workplace
July 23, 2010, Understanding the New Healthcare Act: A Primer for Employers
June 8, 2010, SEIU Turning Its Organizing Efforts to Interns, Residents & House Staff - Is Your Hospital Ready?
October 1, 2009, H1N1: Helping HR Prepare
August 27, 2009, H1N1 - Is Your Business Ready?
August 11, 2009, Mining's Patchwork Quilt of Drug-Free Laws
March 6, 2009, Will EFCA Pass? Change is Coming Regardless
February 10, 2009, "Current Labor issues Pending in Washington and West Virginia"
January 16, 2009, The Employee Free Choice Act and the 111th Congress
December 12, 2008, Employers Can Take Steps Before EFCA Passes
October 2, 2008, White Paper On MSHA's Proposed Regs. -- 30 CFR Part 66
August 18, 2008, Mandatory Paid Sick Leave Bill Is A Thorny Issue
2008,
"Working with Government Agencies in Labor Law: Leading Lawyers on Managing Client Expectations, Navigating Policies and Procedures and Facility Agency Interactions," Inside the Minds, Thomson West publisher
October 4, 2007, NLRB Modifies Card Check Procedures: Employees Have Section 7 Rights To Secret Ballot Elections If Employees Petition Within 45 Days After Being Notified Of Union Recognition Based On Card Checks
Presentations
2009, "MSHA's New Drug Testing Regulations," Energy Mineral Law Foundation - Winter Workshops
2008, "Drug Testing in Mining: Fear and Loathing in the Minefields," Energy Mineral Law Foundation - Mine Safety & Health Law Institute (Las Vegas)
2006, "Developing Internet Policies for Your Client and Law Firm," Employment Law Seminar sponsored by WVU Law School
2002, "Electronic Monitoring in the Workplace," Lorman Education Services Seminar
2001, "Employment Severance Agreements in West Virginia - Employer's Perspective," Lorman Education Services Seminar
1998, "Investigating and Addressing Discrimination, Hostility and Harassment in Mines and Offices," National Mine Association, Coal Lawyer's Meeting (Florida)
1994, "Vicarious Liability for Contract Mine Operations: Expanding Liability for Mineral Owners & Lessees," Co-author with Michael T. Heenan and Lynn M. Rausch, Eastern Mineral Law Foundation