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Services Available
Client Relationships
We highly value the relationships we have with our clients and work to instill in them a sense that they can depend on us for quality legal advice and representation with a results-oriented focus. The success of this relationship comes from teamwork and a risk management focus. Our attorneys have developed and conduct training sessions on a national basis for supervisors/managers on topics such as equal employment opportunity laws, sexual harassment, supervisory training skills, maintaining a workplace environment free of claims, liability and union organizing interests, conducting lawful and proper interviews, performance evaluations and other law-related issues designed for a particular employer. Labor Relations
The firm advises and represents management concerning union organizing campaigns and labor relations matters. The labor attorneys regularly negotiate collective bargaining agreements and try labor and employment disputes before arbitrators and courts across the country. In addition, organizing campaigns, strikes, picketing and union boycotts involve the firm’s labor attorneys in proceedings before the State Labor Board, the National Labor Relations Board (NLRB) and various state and federal courts. Working with virtually every regional office of the NLRB and dealing with every major labor union, our Labor & Employment attorneys are uniquely qualified to handle all types of National Labor Relations Act proceedings, defend unfair labor practice charges and represent employers in any area of union conflict, including strikes and other union conduct. Labor and Employment Law Audits
The firm’s employment law practice also focuses on labor and employment law audits for its clients. We review and audit personnel policies, practices, procedures and benefit programs to help avoid legal problems and assure compliance with local, state and federal law. This has served as a successful risk management/avoidance tool for many clients. In-House Training
The firm provides counseling and supervisor training in a wide range of employment topics. These subjects include supervising effectively, avoiding liability in employment issues, complying with the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) and handling EEO/sexual harassment issues and union organizational activities. The firm also presents an annual Labor & Employment Law Conference. Our attorneys are frequent speakers on all aspects of Labor and Employment Law and write numerous articles on practical employment law tips for many trade and news publications on human resource issues. Representative Experience Spanish Technology Foundation
Organization of U.S. Subsidiary of Spanish Technology Foundation
Dinsmore & Shohl organized the U.S. subsidiary of a Spanish-based technology institute with offices worldwide. Multiple Clients
Non-Compete Cases
Successfully prosecuted multiple non-compete cases on behalf of various clients throughout Central Ohio. Multiple Clients
OSHA Matters - Construction Projects
Successfully negotiated multiple claims by OSHA on construction-related accidents. Graeter's Manufacturing Company
Representation of Graeter's Manufacturing Company
Corporate representation 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
Representation of Energy Industry Companies
Various labor and employment issues MHC, Inc.
MHC, Inc. v. UMWA
RICO case brought as a result of UMWA violence General Electric Pension Plan
McDowell v. GE Pension Plan
Suit alleging breach of employment contract, wrongful discharge in violation of public policy, and age and disability discrimination New Beckley Mining Corp.
New Beckley Mining Corp. v. UMWA, 18 F.3d 1161 (4th Cir. 1991)
RICO action arising out of alleged Union violence Kentucky River Community Care
NLRB v. Kentucky River Community Care
Union organizing issue; Supervisor status of registered nurses under the National Labor Relations Act. New Beckley Mining Corp.
New Beckley Mining Corp. v. UMWA, 946 F.2d 1072 (4th Cir. 1991)
RICO action arising out of alleged Union violence Detroit Newspapers Agency
Teamsters Local 372, et al. v. Detroit Newspapers Agency, 993 F.Supp. 1052 (E.D. MI 1998)
RICO action arising out of alleged Union violence Detroit Newpapers Agency
Teamsters Local 372, et al. v. Detroit Newspapers Agency, 956 F.Supp. 753 (E.D. MI 1987)
RICO action arising out of alleged Union violence Transportation Management Services Company
Unfair Labor Practice Charges and Section 9(c) Petition of National Labor Relations Act
Representation with respect to unfair labor practice charges and Section 9(c) petition of the National Labor Relations Act Jewish Hospital and St. Mary's HealthCare, Inc.
Wymer v. JH Properties, Inc.
Wrongful discharge Wheeling Pittsburgh Steel Corporation
Various Forms of Injunctive Relief
Preparation and litigation with respect to labor union strike; injunctive relief Beverly Health & Rehabilitation Services
Rose v. Beverly Health & Rehab. Services
Suit for disability discrimination; labor preemption American Bearing & Power Transmissions, Inc.
Robbins v. American Bearing & Power Transmissions, Inc.
Employment contract issues and effect of employee's death Rum Creek Coal Sales, Inc.
Rum Creek Coal Sales, Inc. v. Caperton
Case related to state trespass statute Rocky Hollow Coal Corp.
Stafford v. Rocky Hollow Coal Corp., 198 WV 593 (1996)
Wrongful discharge litigation Allstate Insurance Company
Sharp v. Allstate Insurance Company
Claim of constructive discharge Coca-Cola Bottling Co. Consolidated
Coca-Cola Bottling Co. Consolidated v. Teamsters Local 991, 212 Fed.Appx. 864, 2006 WL 3780661 (C.A. 11 (Ala.) 181 LRRM (BNA) 3024
Vacation of arbitration award Health Care Facility
Anonymous Plaintiff v. Health Care Facility
Claims of negligent hiring and wrongful termination MedExpress
Development of Urgent Care Business
Various commercial transactions in ongoing development of urgent care business Eastern Associated Coal Corporation
Eastern Associated Coal Corp. v. United Mine Workers of America, District 17, et al.
Case involving issues of public policy, arbitration, and termination for drug use Royal Coal Company
District 29, UMWA v. Royal Coal Company
Case involving company's obligation to provide health benefits to retired and disabled miners Multiple Clients
Additional Legal Experience - Represented major manufacturers, construction companies, utilities, banks and financial institutions, long distance telephone providers, wireless communications companies, distribution companies, pharmaceutical and medical device manufacturers, national car rental agencies, department stores, printing companies, refractive surgery centers, physicians and physician groups, hospitals and health institutions, public employers, and individuals.
- Represented airport security company in commercial dispute brought by airline passengers involving allegations of lost, stolen and mishandled luggage.
- Obtained court order requiring plaintiff to pay defendant’s attorneys’ fees following successful defense of Title VII lawsuit.
- Obtained favorable results for a franchisee distributor of automobile accessories in a breach of warranty claim against seller of machinery.
- Represented physician practice group and individual physician in commercial litigation involving claims against hospital for wrongful termination of physician’s clinical privileges. 8908.
- Obtained favorable settlement for owner of large hotel in a claim brought by a customer claiming discriminatory service, where class action litigation was threatened.
- Obtained favorable results for leading department store chain brought by several current and former employees claiming race discrimination.
- Obtained favorable settlement for national financial holding company in case involving claims under the Americans with Disabilities Act, age discrimination and gender discrimination.
- Participated as co-counsel on behalf of a bottled water company in a claim brought under the Americans with Disabilities Act, and obtained dismissal of the case which was upheld by Eighth Circuit Court of Appeals.
- Lead counsel for employer in proceedings before the National Labor Relations Board where the NLRB alleged employer engaged in unfair labor practices when it laid off fifteen (15) employees whom NLRB alleged were 'ring leaders' in union organizing efforts.
- Successfully obtained dismissal of all claims against manufacturer of copper alloy products in cases brought by several former employees who alleged wrongful discharge on the basis of faulty drug screen results.
- Successfully represented manufacturer of electronic parts in a strike by its employees, including several unfair labor practice charges, and the hiring of replacement employees, who then successfully decertified the incumbent union.
- Lead counsel in numerous unfair labor practice cases before the National Labor Relations Board.
- Obtained favorable settlement for a drug distribution company in a claim brought by a former employee alleging sexual harassment.
- Obtained favorable settlement on behalf of a privately held dietary supplement company in a claim brought by a large national retail distributor for breach of contract.
- Obtained favorable settlement for plumbing contractor in claims brought by federal government alleging violation of the Fair Labor Standards Act.
- Successfully represented local financial institution in a claim brought by customer for alleged discriminatory denial of automobile loan.
Southwest Ohio Regional Transit Authority
A.T.U Local 627 and SORTA - Discharge of Richard Ceaser
Discharge arbitration Watson Pharmaceuticals, Inc.
Baron v. Watson Pharms., Inc.
Suit involving alleged breach of employment contract, wrongful discharge in violation of public policy, and age and disability discrimination Jewish Hospital and St. Mary's HealthCare, Inc.
Brohm v. JH Properties
Alleged discrimination for a disability and violation of FMLA BE&K Construction
BE&K construction v. NLRB, 122 S.Ct. 2390 (2002)
RICO action arising out of alleged Union fraud and extortion Hospitals and Medical Practice Groups
Health Care
Preventative counsel for various hospitals and medical practice groups The Courier-Journal
Hallahan v. Courier-Journal
Summary judgment standard and disability issues NLRB
IBEW Local 1547 v. NLRB
NLRB litigation dealing with bylaw prohibiting Union family members from being placed on corporate board General Motors Corporation
Lykins v. GMC
Suit involving issue of validity of beneficiary designation Kentucky Center for the Arts
Kentucky Center for the Arts v. Handley
Burden of proof in a discrimination claim Multiple Clients
Establishing Foreign Susidiaries Around the World
We have represented scores of foreign subsidiaries, sometimes for the same client, from international labor and employment issues to tax and corporate issues. We leverage our long history of assisting clients to expand internationally through foreign direct investment. Various County Boards of Education
Education Law
Representation of various county boards of education in employee grievance matters, and as preventative counsel in other labor and employment matters Multiple Clients
Executive Severance Packages
Oversaw the negotiation and preparation of severance packages for local executives, resulting in substantial payments to the clients. Credit Collections Agency
Anonymous Plaintiff v. Credit Collections Agency
Allegations of fraudulent inducement against credit collections agency Allstate Insurance Company
Goldmeier v. Allstate Insurance Company
Religious discrimination
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