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Todd A. Dawson

Todd Dawson concentrates his practice in the labor relations, wage and hour and labor litigation areas. His practice focuses on assisting employers in all phases of labor relations, including union organizational and decertification drives, defense and prosecution of unfair labor practices, collective bargaining negotiations and arbitrations. Mr. Dawson is a regular contributor to Baker Hostetler’s Employment Class Action Blog, offering commentary on recent class action decisions and trends affecting employers.

Mr. Dawson has represented clients in representational hearings and in negotiating election agreements concerning voter eligibility in union elections. He has handled unfair labor practice cases involving termination and discipline, the employer’s duty to provide information, alleged refusals to bargain, lockouts, secondary strikes and boycotts, work jurisdiction and union threats and coercion. He has represented clients both at the bargaining table and in a support role during the negotiation of collective bargaining agreements, including first contracts, concessionary agreements and plant shutdown/relocation agreements.

Mr. Dawson has handled various arbitrations regarding both contract interpretation and discipline and discharge. He has worked on cases brought under Section 301 of the Taft-Hartley Act for alleged breaches of collective bargaining agreements. He has counseled and advised clients on various labor relations issues, including the establishment of employee participation teams, the union antitrust exemption, defensive and offensive lockouts, plant closure and work relocation issues, work rule changes, employee drug testing, electronic mail use, surveillance, union withdrawals, multiemployer bargaining units and organizations, bargaining unit consolidations and the rejection of collective bargaining agreements during bankruptcy proceedings.

In addition, Mr. Dawson has broad experience in handling strikes and work stoppages. He has assisted clients in preparing for strikes and lockouts, including providing training for supervisors and advising clients in matters pertaining to facility security and operational changes. Mr. Dawson has been involved in obtaining both state and federal injunctions against mass picketing and strike violence, and has advised clients regarding the use of temporary and permanent replacement workers. Mr. Dawson has also represented clients in various arbitrations concerning strike-related discharges.

Mr. Dawson has extensive experience in the freight, construction and rail industries. He has worked closely with freight industry clients on various issues regarding the National Master Freight Agreement and its supplements. He has also represented these clients in matters involving the consent decree between the International Brotherhood of Teamsters and the United States Department of Justice, and has participated in litigation before officers charged with election oversight under the consent decree. In the construction industry, Mr. Dawson has represented clients in unfair labor practice cases involving discharge, union exclusion of traveler employees and various other issues. He has also assisted in secondary strikes in common situs situations and has advised construction clients in establishing and preserving reserved gate systems. Mr. Dawson has also represented several of the firm’s railway clients in matters involving both major and minor disputes under the federal Railway Labor Act, as well as various preemption and injunctive issues arising in connection with such matters.

Mr. Dawson spends a large portion of his practice representing clients in wage and hour matters arising under the federal Fair Labor Standards Act (FLSA) and various state wage and hour laws. These matters have included numerous class and collective actions, ranging from hundreds of putative plaintiffs to several thousand. Mr. Dawson has also counseled clients on wage and hour issues, particularly in regard to exempt employees and preservation of exempt status under the FLSA’s white collar exemptions. He also has experience in litigating matters under the FLSA’s railroad, airline and amusement/recreational exemptions. In addition, Mr. Dawson was part of a team of Baker Hostetler attorneys that recently secured a significant and highly unusual class action trial verdict in the Sixth Circuit for a multinational electronics company. [Schreiber v. Philips Display Components Co., 692 F. Supp.2d 747 (E.D. Mich. 2010)]

Mr. Dawson has represented clients in ERISA-related matters. He has successfully defended several clients in class actions alleging unlawful termination of benefits. He has also counseled clients on benefits issues in the collective bargaining context and in unfair labor practice charges before the National Labor Relations Board.

Mr. Dawson assists clients in WARN Act matters arising in both the union and nonunion contexts. He has coordinated WARN Act compliance, drafted WARN notices and has counseled clients concerning various issues arising under the Act. He has also represented clients in class actions alleging WARN violations.

Mr. Dawson has also worked on various state and federal employment-related litigation proceedings and matters pending before administrative agencies such as the Equal Employment Opportunity Commission and the Ohio Civil Rights Commission. These matters have involved issues arising under Title VII, the Family Medical Leave Act, the Americans With Disabilities Act, the Age Discrimination in Employment Act and the Employee Retirement Income Security Act.

Mr. Dawson is a member of the Ohio State and American Bar Associations, including the Labor Law sections of both organizations.