Todd A. Dawson

Partner

Cleveland
T +1.216.861.7652
F +1.216.696.0740

Overview

Todd Dawson concentrates his practice in the labor relations, wage and hour, and class litigation areas. He assists employers in all phases of labor relations, with a particular focus on the negotiation of collective bargaining agreements, strike preparation and assistance, and the defense and prosecution of unfair labor practices. In the wage and hour arena, Todd has handled class and collective actions ranging from several hundred putative class members to several thousand. Todd has also handled class actions involving plant closings, changes in retiree healthcare benefits and various state law issues. With a passion for negotiating and reaching mutual resolutions, Todd collaborates with his clients to understand all facets of their businesses and address their individual inner workings and needs.

Todd is listed in The Best Lawyers in America©. He is a regular contributor to BakerHostetler's Employment Class Action blog, offering commentary on recent class action decisions and trends affecting employers.

Select Experience

  • Experienced in assisting clients with preparing for and defending against union organizing efforts under the National Labor Relations Board's "ambush" and "micro-unit" election rules, including litigation over supervisory status, appropriate unit considerations and alleged campaign violations.
  • Represented a Tier One auto supplier in association with union negotiations at a plant of approximately 500 workers, including negotiation of significant concessions in wages, health insurance and pension benefits, necessitated by industry conditions.
  • Assisted a client in the negotiation of a plant shutdown and the relocation of bargaining unit work following an impasse in collective bargaining negotiations and a lockout of employees. Successfully argued before the National Labor Relations Board for pre-complaint dismissal of multiple unfair labor practice charges filed by the union.
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Experience

  • Experienced in assisting clients with preparing for and defending against union organizing efforts under the National Labor Relations Board's "ambush" and "micro-unit" election rules, including litigation over supervisory status, appropriate unit considerations and alleged campaign violations.
  • Represented a Tier One auto supplier in association with union negotiations at a plant of approximately 500 workers, including negotiation of significant concessions in wages, health insurance and pension benefits, necessitated by industry conditions.
  • Assisted a client in the negotiation of a plant shutdown and the relocation of bargaining unit work following an impasse in collective bargaining negotiations and a lockout of employees. Successfully argued before the National Labor Relations Board for pre-complaint dismissal of multiple unfair labor practice charges filed by the union.
  • Successfully negotiated a collective bargaining agreement that implemented a two-tiered wage scale, a new health insurance structure and the freezing of a defined benefit pension plan following client acquisition of a unionized facility.
  • Won a trial court verdict in a class action involving approximately 800 potential class members alleging unlawful termination of their collectively bargained retiree health insurance under Sixth Circuit Yard-Man precedent. Affirmed on appeal before the Sixth Circuit.
  • Obtained dismissal of a class litigation involving approximately 1,000 potential class members alleging unlawful implementation of caps on employer contributions toward retiree health insurance premiums. Affirmed on appeal before the Sixth Circuit.
  • Successfully argued a case of first impression before the Sixth Circuit in which the appellate court held that retirees can be required to arbitrate disputes over collectively bargained retiree health insurance.
  • Represented a client in the negotiation of a plant closing agreement caused by a global reorganization that closely followed (but did not result from) the unionization of employees. A favorable closing agreement was reached without the filing of unfair labor practice charges.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2017)
    • Recommended in Labor-management relations
  • Acritas Star (2016)
  • BTI Client Service All-Star (2016)
  • The Best Lawyers in America© (2013 to Present)
    • Ohio: Labor Law – Management
    • Ohio: Litigation – Labor and Employment

Memberships

  • American Bar Association: Labor Law Committee 
    • Fair Labor Standards Act (FLSA) Subcommittee: Contributing author to the FLSA Midwinter Report
    • National Labor Relations Act Development Subcommittee
  • Ohio State Bar Association: Labor Law Committee

Admissions

  • U.S. Court of Appeals, Second Circuit, 2009
  • U.S. Court of Appeals, Sixth Circuit, 2001
  • U.S. Court of Appeals, Ninth Circuit, 2009
  • U.S. Court of Appeals, Eleventh Circuit, 2003
  • U.S. District Court, Eastern District of Michigan, 2009
  • U.S. District Court, Western District of Michigan, 2007
  • U.S. District Court, Southern District of Ohio, 2006
  • U.S. District Court, Northern District of Ohio, 1999
  • Ohio

Education

  • J.D., Duke University School of Law, 1998
  • B.A., Political Science, Youngstown State University, 1994

Blog

In The Blogs

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Employment Class Action Blog
District Court Dismisses Majority of Claims in Women's Soccer Equal Pay Dispute
By Gregory V. Mersol
May 22, 2020
The U.S. Women’s Soccer team has won four FIFA World Cup titles and four Olympic gold medals. The U.S. Men’s Soccer team has not, and did not even qualify for the most recent men’s World Cup. In the wake of the successes of the women’s...
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Employment Class Action Blog
The Third Circuit Demonstrates That Arbitration Rules Really Do Matter
By John B. Lewis
May 4, 2020
Some may have wondered whether mentioning the rules of an administrative organization, such as the American Arbitration Association (AAA), in an arbitration agreement could have a legal impact. It can. A number of decisions have considered...
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Employment Class Action Blog
Maryland District Court Grants Summary Judgment Against Collective Class in Claimed Misclassification Case
By Gregory V. Mersol
April 21, 2020
Misclassification cases are grist for the mill in wage and hour litigation. As we have pointed out previously, the typical pattern is for the plaintiff to assert claims for unpaid overtime on the grounds that the position involved...
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Employment Class Action Blog
Maryland District Court Refuses Conditional Certification of Proposed Class of Grocery Store Managers
By Gregory V. Mersol
April 15, 2020
Grocery stores have taken on special prominence as being on the front lines of the current coronavirus pandemic. Just as that role was becoming apparent, the federal district court in Maryland issued a strong opinion not only denying...
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Employment Class Action Blog
Another Court Rules on When Ride-Sharing Drivers Are Exempt From Arbitration
By John B. Lewis
April 3, 2020
In this time of concern regarding the COVID-19 pandemic, there are other challenges still confronting companies. One involves the standard for enforcing arbitration agreements involving transportation workers. Or, stated differently, when...
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