King, G. Roger

Current Employment Position(s)

Partner

Lawyer Overview

Roger King's practice is devoted to representing employers in employment relations matters, with particular concentration in representing management in matters arising under the National Labor Relations Act, state and federal equal employment statutes, the Americans with Disabilities Act, and the Family and Medical Leave Act. Roger's labor and employment practice also consists of representation of employers in collective bargaining negotiations, grievance and arbitration matters, and involvement in litigation in state and federal trial and appellate courts regarding a broad spectrum of labor-related matters.

More generally, Roger also has substantial experience in the areas of covenants not to compete, tortious interference with business issues, substance abuse testing issues, issues under the Fair Labor Standards Act, wrongful discharge claims, and the development and review of employee policies and procedures.

Clients and organizations that Roger has recently worked with include: Abbott Sysco Food Services, Appalachian Regional Healthcare (ARH), American Society for Healthcare and Human Resources Administration (ASHHRA), Bellevue Hospital, Bon Secours Health System, California Hospital Association, Catholic Healthcare Partners, Cedars-Sinai Medical Center, Child Health Corporation of America, Columbus Symphony Orchestra, Community Health Partners, Delphi Automotive, Firelands Regional Medical Center, First American Title Insurance Company, Fisher Titus Medical Center, Forum Health, General Motors Corporation, HCA, Hospital Association of Southern California, Hospital Council of Northern and Central California, HR Policy Association, Humility of Mary Health Partners, Kettering Health Network, Kindred Health Care, Lakeland Regional Medical Center, Laurel Health Care Company, Lourdes Health System, Mary Rutan Hospital, Montana Hospital Association, National Beef Packing Company, Norton Healthcare, Ohio Bankers Association, Ohio Grocers Association, Ohio Hospital Association, Premier Health, PETsMART, ProMedica Health System, RCA/Thomson multimedia, St. Luke's Health System, St. Peter's Hospital, St. Vincent Healthcare (Sisters of Charity of Leavenworth Health System), TALX, Trinity Health, United Church Homes, University Hospitals Health System, and Verizon.

Roger is a Fellow of The College of Labor and Employment Lawyers and the Columbus Bar Foundation. He is a member of the American, District of Columbia, Ohio State, and Columbus bar associations and the labor relations section of each association and the Ohio Chamber of Commerce Labor Advisory Committee, the Society of Human Resource Management (SHRM), the American Health Lawyers Association, the American Society for Healthcare Human Resources Administration, the Healthcare Roundtable, the Ohio Society of Hospital Attorneys, and the Industrial Research Relations Association.

In 2003 he was appointed to Miami University's Richard T. Farmer School of Business Advisory Council. He is an editor of The Developing Labor Law and a contributing editor to HR Advisor. Roger has served as a board member of the American Health Lawyers Association, a member of the Catholic Health Association Legal Affairs Committee, and a member of the National Employment Relations Committee of SHRM and the National Legislative Committee of ASHHRA. He has also testified before committees of the U.S. Congress and administrative agencies and is frequently quoted on labor issues in publications and was featured in "The NLJ's Who's Who of Employment/Labor Lawyers" article in the July 28, 1997 issue of The National Law Journal — an article that identified the top 36 labor and employment lawyers in the country. Roger is listed in the 2008 Ohio Super Lawyers, as published in the January 2008 edition of Cincinnati Magazine; the 2008 edition of Chambers USA: America's Leading Business Lawyers (employment); The Legal 500 US, Volume 4: Real Estate, Employment and Labor, and Tax (2007); and The Best Lawyers in America for the past 20 years.

Roger also has been an active speaker and author for various groups throughout the U.S. on labor and employment relations matters.

Areas of Practice

• Labor & Employment
• Trial Practice
• Health Care
• Collective Bargaining, Contract Enforcement & Union Organizing
• Employment Aspects of Corporate Transactions
• Labor & Employment/Health Care
• Labor & Employment Health Care Law
• NLRB Proceedings & Appeals
• Reductions in Force & Managing Change
• Single & Multiple Plaintiff Employment Litigation
• Alternative Dispute Resolution & Mediation

Representative Cases

• Abbott-Sysco conducts manager training regarding union awareness and organizing issues
• America West wins summary judgment in assault and sexual harassment case , (2009)
• Bellevue Hospital defends against hostile work environment and sexual harassment action , (2009)
• Bellevue Hospital provides management training on health care employment issues
• Bon Secours dismisses union petition to add unorganized employees to bargaining unit , (2009)
• Bon Secours negotiates renewal of collective bargaining agreement
• Bridgestone/Firestone achieves dissolution of injunction in national corporate campaign with URW and USWA
• Catholic Healthcare Partners negotiates collective bargaining agreement with SEIU and registered nurses , (2009)
• Cedars-Sinai defends against wage and hour class action litigation
• Cedars-Sinai defends against wage-hour class action alleging Labor Code violations
• Cedars-Sinai objects to nurses election , (2009)
• Clarion Capital Partners seeks labor advice in acquisition of nursing corporation
• Clinica Sierra Vista seeks advice on labor and employment issues including SEIU petition
• Columbus Symphony Orchestra negotiates collective bargaining agreements
• Community Health Partners resolves multiple SEIU petitions
• Community Medical Center defends against various NLRA matters , (2009)
• Community Medical Center negotiates with CNA , (2009)
• Defiance Hospital defends against unfair labor practice proceeding
• Delphi Automotive Systems and GM obtain summary judgment in employee class action related to transfer of employment from GM to Delphi
• Delphi Automotive Systems prevails in class action arbitration concerning overtime pay calculations
• Fairfield Medical Center renews collective bargaining agreements with IBT , (2009)
• Firelands Regional Medical Centers prevails in bargaining petitions
• First American Title Insurance successfully appeals majority of adverse jury verdict in largest damages award given in economic injury case in Ohio history
• Fisher-Titus Medical Center receives management training on labor issues
• Forum Health negotiates collective bargaining agreement with AFSCME
• Forum Health negotiates collective bargaining agreements with SEIU and Ohio Nurses Association
• Forum Health negotiates renewal of collective bargaining agreements with Ohio Nurses and AFSCME
• Forum Health prevails in 301 injunction hearing
• General Mills preserves election victory and union withdraws objections
• Good Shepherd Home defends against NLRB election proceedings and appellate litigation
• Good Shepherd Home negotiates renewal of collective bargaining agreement with UFCW, Local No. 911
• Great Scot is successful in NLRB proceedings related to organizational picketing
• HCA involved in SEIU election agreement arbitration , (2009)
• Health Care Industries negotiates renewal of collective bargaining agreement
• HR Policy Association testifies before Congress on labor and employment matters
• Humility of Mary Health Partners obtains advice during NLRB petitions and prevails against election objections filed by Teamsters Union
• Humility of Mary Health Partners offers management training to employees
• Humility of Mary Health Partners prevails in ONA election
• Humility of Mary Health Partners successfully negotiates collective bargaining agreements with SEIU Local 1199
• Kentucky Nurses Association defends against arbitration appeal involving unfair labor practice and collective bargaining issues , (2009)
• Kentucky River Community Care and others file amicus brief supporting employer's interpretation of "supervisor" under NLRA , (2009)
• Knight-Ridder achieves dismissal of petition filed by Teamsters Union
• Knight-Ridder obtains dismissal of petition in NLRB proceeding involving an attempt by the CWA to accrete advertising positions into newsroom bargaining unit
• Lakeland Regional Medical Center prevails in arbitration challenging termination of employment
• Laurel Health Care defends against representation petition filed by union at long-term care facility
• Magnetic Specialty defends against NLRB enforcement action
• Magnetic Specialty obtains injunctive relief in unfair labor practice litigation with union and negotiates collective bargaining agreement
• Mary Rutan Hospital negotiates collective bargaining agreements , (2009)
• Mercy Medical Center defends against petition filed by union
• National Beef defends against unfair labor practice charges relating to NLRB election
• National Beef seeks labor advice in acquisition and arbitration with union , (2009)
• National Beef wins dismissal of unfair labor practice charges filed by the UFCW
• Norton Healthcare involved in appellate litigation
• Ohio Hospital Association files amicus brief in response to the NLRB's briefs
• PetSmart prevails against petitions filed by the UFCW
• ProMedica defends against labor arbitrations involving the Michigan Nurses Association, AFSCME and SEIU
• ProMedica negotiates collective bargaining agreements with union
• ProMedica obtains rejection of NLRB decision upholding results of SEIU election victory , (2009)
• ProMedica obtains rejections to petitions filed by the UAW to unionize four different units , (2009)
• ProMedica obtains third election as result of material misrepresentations to voting unit by SEIU
• ProMedica seeks consultation regarding NLRB's finding of discrimination , (2009)
• ProMedica wins dismissal of unfair labor practice charge filed by SEIU
• Salem Community Hospital prevails in NLRB clarification proceeding and negotiates collective bargaining agreements with the ONA
• Society for Human Resource Management files amicus curiae brief on right to sue union
• St. Agnes Medical Center involved in California Nurses Association organizing and unfair labor practice matters
• St. John West Shore Hospital defeats petition and unfair labor practice charges filed by the SEIU , (2009)
• St. Peter's Community Hospital consults on collective bargaining labor issues
• TALX defends against former executives' age discrimination and breach of contract lawsuit
• Thomson arbitrates various labor matters with IBEW, IUE and Teamsters
• Thomson defends against EEOC class action involving severance payments made pursuant to a plant closing agreement
• Thomson negotiates contract renewal with IEU
• Thomson negotiates contract renewals with the IBEW
• Thomson negotiates national contract renewals with the IBEW
• Thomson negotiates plant closing agreement with IEU
• Thomson negotiates the termination of a collective bargaining agreement and trucking operation
• Thomson successfully negotiates plant closing agreement with IUE
• Thomson successfully negotiates plant closing agreements with the IBEW
• Upper Valley Medical Center conducts management training on employment topics
• Verizon negotiates collective bargaining agreements with unions representing 70,000 employees , (2009)
• Verizon obtains dismissal in injunction attempt by union to preserve status quo pending arbitration
• Verizon successfully defends against injunction attempt by union to mandate health benefits for laid-off employees

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, 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
• Ohio

Education

• Cornell University
• Miami University - Ohio

Published Works

• Balancing Patient and Employee Interests: Health Care Employer Responses to the H1N1 Pandemic, 2009
• Federal Contractor Status: The Changing Regulatory Landscape, coauthor, AHA Health Care Labor Report Newsletter, American Hospital Association (AHA), 2009
• Increased FLSA Enforcement - Aggregation of Hours for Overtime Pay Purposes, coauthor, AHA Health Care Labor Report Newsletter, American Hospital Association (AHA, 2009
• Donning and Doffing: The Next Wave of Employment Class Action Suits, coauthor, AHA Health Care Labor Report Newsletter, American Hospital Association (AHA), 2009
• Navigating Labor Organizing in the Virtual Workplace, coauthor, AHA Health Care Labor Report Newsletter, American Hospital Association (AHA), 2009
• Health Care Human Resources Checklist, author, AHA Health Care Labor Report Newsletter, American Hospital Association (AHA), 2008
• Securing Your Premises in an Active Union Environment, coauthor, AHA Health Care Labor Report Newsletter, American Hospital Association (AHA), 2008
• Supreme Court of Ohio Bars Public Policy Claims by Employees Discharged While Receiving Workers' Compensation, 2008
• The Blogosphere: Worker Rights and Employer Responsibility, 2007
• Testify before the United States House of Representatives Committee on Health, Education, Labor, and Pensions (HELP) presenting witness testimony regarding the Subcommittee's attempt to reverse the Board's decision (H.R. 1644, the "RESPECT Act"), 2007
• Kentucky River Trilogy: Recent NLRB Decisions Clarify the Definition of the Term "Supervisor" Under the NLRA, HR Advisor: Legal & Practical Guidance, Vol. 13, No. 1,, 2007
• Testified before the United States Senate Committee on Health, Education, Labor and Pensions presenting witness testimony regarding The Healthy Families Act, 2007
• You (Don't) Look Marvelous, Considerations for Employers Regulating Employee Appearance, Cornell University, 2006
• Kentucky River Trilogy: Recent NLRB Decisions Clarify the Definition of the Term “Supervisor” Under the NLRA, 2006
• Who Is an Internet Applicant? Final Rule on Recordkeeping for Government Contractors Provides Some Guidance, 2006
• 2006 California Employment Law Legislative Update, 2006
• We're Off To See The Wizards, American Bar Association (ABA), 2006
• What's In Your Employee Handbook? Some Provisions May Be Harmful Rather Than Helpful Under the National Labor Relations Act, ASHHRA Semi-Annual Labor Activity Report, 2005
• Is 10 Days Really 10 Days? - The National Labor Relations Act's Strike Notice Requirement in the Health Care Industry, St. Louis University Journal of Health Law, 37th Vol., 3rd Issue, 2004
• It's About Time: NLRB Restores Non-Union Employers' Rights in Investigations, 2004
• NLRB Restores Non-Union Employers’ Rights in Investigations, ASHHRA/IRI 23rd Labor Activity Report, 2004
• Employers Face More Challenges from the Ohio Supreme Court: Coolidge v. Riverdale Local School Dist., 2004
• When 10 Days is Not 10 Days - The National Labor Relations Act's Strike Notice Requirement in the Health Care Industry, ASHHRA Semi-Annual Labor Law Activity Report, 21st Report, 2003
• Sixth Circuit's Morrison v. Circuit City Stores, Inc. Opinion Provides Needed Guidance on Enforceability of Mandatory Arbitration Agreements, 2003
• New Concern to Publicly Held Companies: Protection of Whistleblowers under the Sarbanes-Oxley Act, 2002
• National Labor Relations Act Considerations Regarding Staffing Responses to Short Duration Strikes in the Health Care Industry, ASHHRA/IRI 19th Labor Activity Report, 2002
• 'Burden of Proof' (in employment discrimination cases); Reeves v. Sanderson Plumbing Products, HR Advisor, 2002
• Who Let the Weingarten Rights Out? The National Labor Relations Board Compounds Earlier Error By The Supreme Court, coauthor, Law Review of Michigan State University-Detroit College of Law, Vol. 2002, No. 1, 2002
• Sexual Harassment Claims in the New Millennium: A Litigator's Point of View, coauthor, Ohio Northern University Law Review, Vol. 27, No. 3, 2001
• New Guidelines from the NLRB on Participative Management Initiatives and Employee Committees, Legal Report, 2001
• Brockton Hospital: Tailoring the Definition of “Immediate Patient Care Areas”, 2001
• Building an Internal Defense Against Class Action Lawsuits and Disparate Impact Claims, coauthor, GP Solo, Vol. 18, No. 6, 2001
• Circuit City Stores, Inc. v. Adams and EEOC v. Waffle House, Inc.: The Court Addresses the Enforceability of Mandatory Arbitration Agreements, 2001
• National Labor Relations Act Considerations Regarding Staffing Responses to Short Duration Strikes in the Health Care Industry, ASHHRA Semi-Annual Labor Law Activity Report, 19th Report, 2001
• NLRB v. Kentucky River Community Care, Inc.: Supreme Court Rejects Board's Restrictive Interpretation of NLRA Supervisor Exception; reprinted in ASHHRA/IRI_18th Labor Activity Report, Dec 2001, 2001
• Lessons Learned: What the Union Model of Mandatory Arbitration Has to Teach About Private Dispute Resolution, The College of Labor & Employment Lawyers, Summer 2001 Newsletter, Vol. 3, No. 3, 2001
• Efforts to Unionize Doctors Yield Mixed Results at NLRB, NLRB Watch, 2000
• Building an Internal Defense Against Class Action Lawsuits and Disparate Impact Claims, The Labor Lawyer, Vol. 16, No. 3, 2000
• Access Issues Under the National Labor Relations Act - Girl Scouts, Unions and Others? HR Advisor, Vol. 5, No. 4, 2000
• Where Have All The Supervisors Gone - The Board's Misdiagnosis of Health Care & Retirement Corp., The Labor Lawyer, Vol. 13, No. 2, 1997
• Substance Abuse in the Workplace: An Employer Perspective, coauthor, American Society for Personnel Administration, 1987
• The Wrongful Discharge of Employees in the Health Care Industry, coauthor, American Hospital Association, 1987
• The Sixth Circuit Court of Appeals Validates an Employee's Unsupervised Release of a Claim Under the Age Discrimination in Employment Act: Runyan v. National Cash Register Corp., The University of Toledo Law Review, Vol. 18, No. 3, 1987
• Comparable Worth Theory - Its Impact on Hospitals, coauthor, The Institute for Health Law Policy & Research, 1986
• Is Congressional Intent Being Realized - Or Are Significant Changes in Labor Relations Problems Needed in Hospitals and the Health Care Industry, American Bar Association Annual Meeting, Section on Labor Relations Law, 1977

Address

P.O. Box 165017
325 John H. McConnell Boulevard
Suite 600
Columbus, OH 43216-5017

Phones

1.614.281.3874 (Business Phone)

Faxes

1.614.461.4198 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com