Forrest is a partner in the firm's Labor and Employment Department. For more than 40 years, Forrest has represented employers in labor and employment matters both in West Virginia and in twenty-eight other states. While he is experienced in employment law, he particularly enjoys helping employers deal with unions, including avoiding union disputes, settling those which can be settled and prevailing in those where settlement cannot be achieved.
In that long practice, he has litigated many significant cases, including Carbon Fuel Co. v. UMWA, 444 U.S. 212 (1979), which decided the standard by which an international union is responsible for conduct of its subordinate locals; UMWA (Bronzite Mining Co.), 280 NLRB 587 (1986), in which it was decided if unions picketing for work performed by union-free employees can be a jurisdictional dispute; Rum Creek Coal Sales v. Caperton, 971 F.2d 1148 (4th Cir. 1992), which dealt with holding state police policies of tolerating union strike violence unconstitutional; and Muffley v. Spartan Mining Co., 570 F.3d 434 (4th Cir. 2009), which established a new standard for granting 10(j) injunctions.
Forrest has been active in damage actions by employers against unions because of illegally called or conducted strikes. He has tried two cases to million dollar verdicts. He has also been active representing employers in seeking injunctive and National Labor Relations Board relief from union misconduct.
In recent years, Forrest has concentrated his practice in helping clients deal with labor organizations. In doing so, he looks for the fastest, most efficient solution to the problem at hand using the lessons taught by his experience dealing with labor organizations and the authorities adjudicating labor disputes. His goal is that the resolution takes into account the long-term interests of the client and leaves the client able to manage a prosperous future.
Memberships & Affiliations
· West Virginia Bar Association. First Chair of Labor Division
· Member, Board of Directors, Kanawha County Public Defender Corp: Concord Univ. Foundation
Distinctions
· Named "Lawyer of the Year" in Charleston for Labor Law-Management by The Best Lawyers in America®, 2012
· Peer Review Rated AV in Martindale-Hubbell
· Listed in The Best Lawyers in America®, since 1989
· Listed in Chambers USA Guide to America's Leading Business Lawyers, since 2004
· Selected for the West Virginia Super Lawyers® List
Experience
Rum Creek Coal Sales, Inc. v. Caperton
Rum Creek Coal Sales, Inc.
Decision holding state refusal to enforce criminal laws against striker crimes in a labor dispute a deprivation of the employer's federal constitutional rights
Muffley v. Spartan Mining Company, 570 F.3d 534, U.S. App. LEXIS 14305; 186 L.R.R.M. 2903; 158 Lab. Cas. (CCH) P10,011 (4th Cir. 2009)
Spartan Mining Company
Represented mining company in case involving issues of injunctive relief
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