Current Employment Position(s)

Partner

Lawyer Overview

Rick Shaw's practice is focused on representing management in traditional labor relations matters and in employment-related counseling and litigation. On the traditional labor side of his practice, Rick represents companies and advises them in developing creative solutions to address all aspects of labor law litigation, including unfair labor practice cases (including administrative law judge trials, appeals to the NLRB, and appeals to the circuit courts of appeals), representation hearings relating to unit determination and placement, and compliance, injunction, and high-stakes arbitration proceedings. In addition, he has significant experience in negotiating collective bargaining agreements and in counseling clients in such traditional labor issues as election campaigns, operating during strikes, analyzing successorship and other obligations in the context of acquisitions and divestitures, and decision and effects bargaining in conjunction with plant relocations and shutdowns.

Over the past decade Rick has become increasingly involved in advising restructuring companies with rejection and modification of collective bargaining agreements and retiree benefits in bankruptcy and in the negotiations and litigation with unions, creditors, governmental agencies, and employee representatives that often become necessary in bankruptcy. In this regard, Rick has worked with interdisciplinary legal teams representing clients such as Dana Corporation, Napster, Kaiser Aluminum & Chemical Corp., LTV Steel Company, Federated Department Stores, Herman's Sporting Goods, Fruehauf Trailer Corporation, and The Hastings Group.

Although his practice focuses primarily on traditional labor relations, Rick also advises employers with respect to such issues as employment discrimination, breach of contract, wage and hour, immigration compliance, and wrongful discharge. He counsels clients in such areas as employee discipline, personnel policies, procedures and handbooks, the design and implementation of voluntary severance programs and reduction in force procedures, and the employment aspects of business combinations and divestitures. One area in which he has developed substantial experience has been in advising clients on their obligations under the Worker Adjustment and Retraining Notification Act (WARN) with respect to downsizing, plant closures, and other reductions in force.

Clients that Rick has represented at Jones Day include Dana Corporation, Kaiser Aluminum & Chemical Corp., Century Aluminum, LTV, Bridgestone/Firestone, Verizon Communications, Verizon Wireless, Macy's, Alcoa, Westinghouse Electric Corp., Westinghouse Government Services Corp., General Motors, Knight Ridder, Alderwoods Group, ProMedica Health System, Forum Health, Humility of Mary Health Systems, and many other employers.

Rick is a member of the ABA (Litigation and Labor and Employment Law Sections and a management member of the Practice and Procedure Under the National Labor Relations Act Committee), the Pennsylvania Bar Association, and the Allegheny County Bar Association. He is a periodic contributing chapter editor to the treatise How To Take A Case Before The NLRB (BNA).

Areas of Practice

• Labor & Employment
• Collective Bargaining, Contract Enforcement & Union Organizing
• Labor & Employment Health Care Law
• NLRB Proceedings & Appeals
• Occupational Safety and Health Administration (OSHA) Counseling & Litigation
• Trial Practice
• Alternative Dispute Resolution & Mediation
• International Litigation & Arbitration
• Health Care
• Labor & Employment/Health Care

Representative Cases

• Adams v. Avondale, 905 F. 2d 943 (6th Cir. 1990)
• Alderwoods (New York) Inc., d.b.a. Vernon C. Wagner Funeral Home, NLRB Case No. 29-RD-1032 (2004)
• Alderwoods (New York) Inc., d.b.a. Yablokoff-Kingsway Memorial Chapel, Case No. 29-RC-9824 (NLRB 2002)
• Cairns v. Bridgestone/Firestone, Inc., 802 F. Supp. 152 (N.D. Ohio. 1992), aff'd mem., 62 F.3d 1417 (6th Cir. 1993)
• Carr Real Estate Services, Inc. v. SEIU, No. 5-CA-26567 (D.C. Super. Ct. 1997)
• Century Aluminum Corporation of West Virginia and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC
• CWA v. Verizon New York Inc., et al., No. 02-CV-9850 (S.D.N.Y. 2003)
• General Motors v. UAW, C.A. No. 98-40246 (E.D. Mich. 1998)
• General Motors v. UAW, Proceeding before Umpire Roberts
• In re Dana Corporation, et al., Case No. 06-10354 (BRL) (Bankr. S.D.N.Y.)
• In re: LTV Steel Company, Inc., Case No. 00-43866 (Bankr. N.D. Ohio 2001)
• In re: Kaiser Aluminum Corp, Case No. 02-10429(JKF) (Bankr. D. Del.)
• Kaiser Aluminum & Chemical Corp and United Steelworkers of America, Case No. 32-CA-17041 (NLRB)
• Phillips v. Westinghouse Electric Corp., No: 95-1893 (W.D. Pa. 1997), aff'd mem., No. 98-3048 (3d Cir. July 10, 1998)
• The Detroit Free Press, Inc. and The Newspaper Guild of Detroit Local 22, et al., NLRB Case No. 7-CA-41284; Schaub v. Detroit Newspaper Agency, 984 F. Supp. 1048 (E.D. Mich. 1997), affirmed mem., 145 F.3d 1333 (6th Cir. 1998)
• Verizon New Jersey Inc. v. IBEW Local 827, Civ. Action No. 02-3851 (D.N.J., 2002)
• Westinghouse Government Services Co. v. International Brotherhood of Electrical Workers, No. GD 99-20635 (Allegheny County Ct. Com. Pl. 2000)
• Wolf v. Westinghouse Electric Corp., No. 96-864 (W.D. Pa. 1997)
• Acquisition of Bethlehem Steel and Weirton Steel
• Acquisition of Sales and Service Facilities from Fruehauf Trailer Corporation
• American Arbitration Association case involving a Company's Installation and Use of a Global Positioning System on its Trucks
• Buyout
• Chapter 11 Debtor Representation
• Chapter 11 Debtor Representations , (2006)
• Collective Bargaining and Related Labor Relations Across 14 States
• Collective Bargaining Negotiations and Strike Activity
• Continental Tire North America, Inc. and the United Steelworkers of America, Case No. 11-CA-21110, 11-CA-21183, 11-CA-21251 & 11-CA-21374 (NLRB)
• Interest Arbitration
• Labor Arbitrations Involving the IBEW and CWA
• Labor Negotiations
• Labor Negotiations for the Grand Forks Herald
• Sale of Engine Products Group

West Practice Categories

Bankruptcy Litigation, Class Actions, Collective Bargaining, Complex Litigation, Disability, Elder Law, Employment Law -- Employee, Employment Law -- Employer, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Food & Drug Administration, Health & Health Care Law, Hospital Law, International Trade Litigation, Labor Arbitration, Labor Disputes, Labor Law, Labor Legislation, Labor Relations Boards & Proceedings, Litigation & Appeals, Medicare & Medicaid, Mental Health, Military & Veterans Appeals, Multidistrict Litigation, Nursing Home, Occupational Safety & Health Act (OSHA) -- Employee, Occupational Safety & Health Act (OSHA) -- Employer, Patent Litigation, Social Security -- Disability, State Appellate Practice, State Trial Practice, Tax Litigation, Unfair Labor Practices, Unions, US Court of Appeals for the Federal Circuit, US Supreme Court, Wage & Hour Laws, Worker Adjustment and Retraining Notification (WARN) Act

Bar Admissions

• District of Columbia
• Maryland
• Pennsylvania

Education

• Georgetown University

Published Works

• Best If Used By: Employers Must Now Check the Expiration Date on All Form I-9 Documents, 2009
• How to Handle a Reduction in Force and Comply with the WARN Act, coauthor, 2008 Pennsylvania Bar Institute, Employment Law Institute West, 2008
• Retiree Health Benefits: Legal Developments In A Changing Global Economy, coauthor, 2008 American Bar Association Annual Meeting, Section of Litigation, 2008
• Form and Substance: Employers Must Transition to New I-9 Forms, reprinted in The Metropolitan Corporate Counsel, 2008
• Form and Substance: Employers Must Transition to New I-9 Forms, 2008
• Recent Developments in Traditional Labor Law, coauthor, 2007 Employment Law Conference, National Employment Law Institute, 2007
• Recent Developments in Traditional Labor Law, coauthor, 2005 Employment Law Conference, National Employment Law, 2005

Address

500 Grant Street, Suite 4500
Pittsburgh, PA 15219-2514

Phones

1.412.394.7962 (Business Phone)

Faxes

1.412.394.7959 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com