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.
More »

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 2018)
    • Cleveland: Labor Law – Management
    • Cleveland: 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

Previous Next
Employment Class Action Blog
The Supreme Court Confirms That Class Plaintiffs Must Take Their Bite of the Apple Sooner Rather Than Later
By Jeffrey R. Vlasek
June 12, 2018
Although he is remembered as a Los Angeles Laker, Hall of Famer Kareem Abdul-Jabbar, as basketball trivia buffs know, actually began his NBA career on the Milwaukee Bucks. After turning down an offer to play for the Harlem Globetrotters...
Read More ->
Employment Class Action Blog
Experts Must Satisfy Daubert Standards at Certification Stage
By Gregory V. Mersol
June 5, 2018
D.C. District Court Follows Dukes Admonition Nearly seven years ago, in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), the Supreme Court addressed, at least in significant respect, the question of whether experts must satisfy Daubert...
Read More ->
Employment Class Action Blog
Texas District Court Denies Certification of Claims Involving Claimed Racial Preferences in Requests to Staffing Agency
By Gregory V. Mersol
May 31, 2018
Class not reasonably ascertainable In the wake of major wage and hour decisions such as last week’s opinion in Epic Systems Corp. v. Lewis, it’s easy to forget that employers continue to face class-action claims in other contexts...
Read More ->
Employment Class Action Blog
The Legality of Class Action Waivers in Arbitration Agreements – SCOTUS Finally Speaks
By Dustin M. Dow, John B. Lewis, Gregory V. Mersol
May 21, 2018
The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering since at least 2012. Now, with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, we have an answer: They...
Read More ->
Employment Class Action Blog
Washington Court Denies Plaintiffs' Motion for Summary Judgment on Various Overtime Issues
By Gregory V. Mersol
May 16, 2018
Overconfidence won’t overcome questions of fact Most practitioners and human resource professionals are already familiar with the increasingly difficult wage and hour laws in California and its “Mini Me” to the east, New York state. But...
Read More ->