Columbus partner Ron Linville was profiled in the July 24, 2009, edition of Employment Law360 for his role as Chair of Baker Hostetler's National Employment and Labor Group.
For more than 28 years, Linville's practice has focused on management labor and employment law, representing public and private sector clients. His experience includes the negotiation and administration of over 200 labor contracts. A seasoned employment litigator, Linville has successfully tried a number of employment cases to juries for Fortune 100 clients in state and federal court.
According to Linville, the most challenging case he's worked on is a recent set of labor negotiations. "I was asked to act as chief negotiator on behalf of a large manufacturing facility (approximately $1B in annual revenue) with the United Steelworkers of America. This was the first round of bargaining after the company had come out of bankruptcy, where the bargaining unit employees had made significant concessions. Additionally, part of the plan of reorganization was to relieve 'legacy costs' by eliminating retiree medical benefits and instead require an annual seven figure contribution by the company to a Voluntary Employee Beneficiary Association (VEBA). As a result of the bankruptcy, the labor contract was burdened with pages of unwieldy language that eroded the ability of the local management to profitably operate the facility," stated Linville. "Despite these issues, with an excellent team of operations and labor relations professionals, we were able negotiate a four-year deal that allowed the facility to get out from under the VEBA and other legacy costs, restore much of the employees' lost earnings from bankruptcy, and provide a framework for the facility to meet production goals and operate on a profitable basis going forward," said Linville.
Managing a national, 80-lawyer employment practice during a period when the field has seen tremendous change, particularly with regard to a continued decline in the traditional labor area, increased competition from national boutiques and rate pressure is the accomplishment of which Linville is most proud. He also said that "one of the most gratifying aspects of this role has been providing leadership to young lawyers as they develop careers in employment and labor law."
According to Linville, several areas of employment law are in need of reform, particularly with regard to wage and hour law. "FLSA suits have become too employee-friendly," said Linville, "and these cases should incorporate a vehicle for limiting attorneys fees, possibly by relating fees to the level of wage recovery. Many plaintiffs' firms are filing far fewer discrimination claims in favor of FLSA cases. In addition, these plaintiffs' lawyers are using the e-discovery costs as a means for creating settlement pressure. Reform of the e-discovery rules for single-plaintiff employment cases is very badly needed," stated Linville.Linville continued: "On the labor side, there have been no legislative amendments to the NLRA since Taft-Hartley. Whether pro-business or labor, there can be no question that the current appointment process for board members is over-politicized and has greatly impeded the board's ability to decide cases. In addition, periodic shifts in administration result in huge shifts in labor policy (and case law reversals) which makes compliance very difficult. There is a clear need for more stability."
Finally, asked what advice he would you give a young lawyer interested in getting into his practice area, Linville said, "I would tell lawyers to avoid taking any shortcuts in their practice, especially in the first five years. This means young lawyers should do their own research in order to become grounded in substantive employment law. Young lawyers also need to look for ways to obtain trial or hearing experience. Also, young lawyers need to develop ethical discipline to the practice of law. Finally, finding a way to communicate with all types and levels of people is a critical interpersonal skill in the employment law practice."