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

Representative Cases

• Akron Beacon Journal Publishing Co., Inc. v. The International Brotherhood of Teamsters, AFL-CIO Local 473, Case No. 8-RC-15854 (NLRB 1999)
• American Hospital Association v. National Labor Relations Board, et al., 499 U.S. 606 (1991)
• ARH vs. Kentucky Nurses Association, et al., 5:06-CV-00150-JMH (arbitration appeal), ARH vs. Kentucky Nurses Association, et al.,
• BE&K Construction Co. v. NLRB, 536 U.S. 516 (2002)
• Bon Secours Baltimore Health Corporation, Inc., d.b.a. Bon Secours Baltimore Health System v. Professional Staff Nurse Association of Maryland, Local 1998, SEIU, AFL-CIO, NLRB Case No. 5-RC-14808
• Cedars-Sinai Medical Center, Case No. 31-RC-8180 (NLRB)
• Chicago Title Insurance Company v. First American Title Insurance Company and James A. Magnuson, No. 07-649 (U.S.S.C.)
• Chicago Title Insurance Corporation v. James A. Magnuson; First American Title Insurance Company, 487 F. 3d 985, 2007 U.S. App. LEXIS 11883; 2007 FED App. 084P (6th Cir., May 21, 2007)
• Communications Workers of America et al. v. Verizon Communications, Inc., Civil Action No. 02-8893 (E.D. Pa.)
• Communications Workers of America, AFL-CIO v. Verizon Communications, Inc. (D.N.Y. and D.N.J. 2003)
• Dorn, et al. v. General Motors Corp., et al., 2005 Fed. Appx. 0326 N, Case Nos. 02-70956 & 03-72246 (E.D. Mich. 2003); Dorn et. al. v. General Motors Corp., et al., Case Nos. 04-1094 & 04-1121 (6th Cir.)
• Equal Employment Opportunity Commission v. Thomson Consumer Electronics, Inc. and International Brotherhood of Electrical Workers, Local Nos. 1424 and 1048, Case No. IP99-0884 C T/G, (S.D. Ind., Indianapolis Div.)
• Firelands Regional Medical Centers, NLRB Case Nos. 8-RC-16466 through 61450
• General Mills, Yoplait Division and Bakery Confectionery & Tobacco Workers & Grain Millers Local 37, Case No. 21-RC-20169
• International Union of Operating Engineers, Local 18-S and Roger Struckman v. Delphi Automotive Systems Corporation, Delphi Safety and Interior Systems, Columbus Operations, AAA No. 53 300 00071 01 (Arbitration March 2002)
• Local Union No. 884, United Rubber Workers v. Bridgestone/Firestone, Inc., 61 F.3d 1347 (8th Cir. 1995)
• Martins Ferry Hospital Assn. v. National Labor Relations Board, et al., Case No. 81-486, 454 U.S. 1083; 102 S. Ct. 638; 70 L.Ed. 2d 617; 1991 U.S. LEXIS 4668; 50 U.S.L.W. 3447; 92 Lab. Cas. (CCH) P13, 100; 108 L.R.R.M. 3104
• NLRB v. Defiance Hospital, Inc.,
• NLRB v. good Shepherd Home, 145 F.3d 814 (6th Cir. 1998)
• NLRB v. Great Scot, Inc., 39 F.3d 678 (6th Cir. 1994)
• NLRB v. Magnetic Specialty, Inc., 127 F.3d 1102 (6th Cir. 1997)
• NLRB v. ProMedica, et al. Case Nos. 05-1660, 05-1735, District Court Nos. 8-CA-31818 and 8-CA-32345 (6th Cir. 2006)
• NLRB v. St. Francis Healthcare Centre, 212 F.3d 945 (6th Cir. 2000)
• Oakwood Healthcare, Inc., et al., Case Nos. 7-RC-22141, 15-RC-8393, 18-RC-16415, 18-RC-16416 (NLRB Pending)
• ONA et al v. Forum Health et al, Case No. 4:06 CV 02088 (N.D. Ohio)
• PETsMART, Inc., Case No. 9 -RC- 17880; Case No. -CA- 40840-1 (NLRB)
• Richard H. Hoyt, et al. v. Nationwide Mutual Insurance Company, et al., Case No. 02CVH-10-10875 (Franklin County, Ohio Ct. Com. Pl.)
• Salem Community Hospital and Ohio Nurses Association (NLRB Region 8)
• St. Francis Healthcare Centre, 336 No. 47 (NLRB 2001)
• St. John West Shore Hospital and SEIU, District 1199, West Lake, OH (2004)
• The Toledo Hospital and Toledo Children’s Hospital, a subsidiary of ProMedica Health System, Inc., Case Nos. 8-CA-31818, 8-CA-32345, 8-RC-16175, 8-RC-16176 (NLRB)
• United Food and Commercial Workers Union(UFCW) Local 38 and National Beef Packing Co., Case Nos. (6-CA-33600/6-CA-33707); (6-CA-33394); (6-CA-33018); (6-CA-33372); (6-CA-33297); & (6-CA-33426), Hummel's Wharf, PA (2003-4)
• Wilson, et al. v. Bellevue Hospital, et al., No. 3:96-CV-7712 (N.D. Ohio) and Flores v. Bellevue Hospital, et al., No. 96-CV-811 (Sandusky County Common Pleas, Ohio)
• Acquisition of U.S. Nursing Corporation
• Advised Company Regarding Labor Issues
• Catholic Healthcare Partners
• Collective Bargaining and Related Labor Relations Across 14 States
• Collective bargaining negotiations
• Columbus Symphony Orchestra and the Columbus Federation of Musicians, Local 103, of the American Federation of Musicians
• Community Health Partners and SEIU, District 1199, Lorain, OH
• Community Hospitals of Central California dba University Medical Center
• Fairfield Medical Center and International Brotherhood of Teamsters
• Fresno, CA
• General labor and employment issues
• Health Care Industries Corp, Scenic Hills and Service Employees International Union
• Hillside Rehabilitation Hospital, AFSCME, Ohio Nurses Association
• Humility of Mary Health Partners (St. Elizabeth Health Center) and Ohio Nurses Association, Youngstown, Ohio
• Labor Advice; Helena, Montana
• Labor Arbitrations Involving IBEW, IUE, and Teamsters
• Magnetic Specialty, Inc. and United Steelworkers (1997-99)
• Magnetic Specialty, Inc. and United Steelworkers, Local No. 3241.02, Marietta, OH
• Management Training
• Management Training
• Management Training
• Management Training
• Management Training
• Mercy Medical Center and Ohio Nurses Association, (2001)
• NLRA Matters
• Norton Health System
• SEIU Election Agreement Issues
• St. Elizabeth Health Center (Humility of Mary Health System), NLRB Region 8
• The Assumption Village and SEIU Local 1199, Youngstown, Ohio
• THOMSON Multimedia and IBEW
• THOMSON Multimedia and IBEW
• THOMSON Multimedia and IBEW (Marion, IN, Circleville, OH & Lancaster, PA 2002-03)
• Thomson Multimedia and International Brotherhood of Electrical Workers
• THOMSON Multimedia and International Brotherhood of Electrical Workers (2001)
• THOMSON Multimedia and International Union of Electrical Workers (IUE) (2000)
• THOMSON Multimedia and IUE (Deptford, NJ & Scranton, PA)
• THOMSON Multimedia Inc. and International Brotherhood of Teamsters (2001)
• Toledo District Nurses Association and Ohio Nurses Association, Toledo, Ohio
• UFCW Local 1625 and Lakeland Regional Medical Center; 33 300 00318 03
• Unfair Labor Practice Charge, Case No. 10-CA-34879-1
• Wage and Hour
• Washington, D.C.
• Washington, D.C.
• Western Reserve Care System

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

Published Works

• Form 990 Disclosure Requirements Challenge Hospitals, Provide Opportunities, The Health Lawyer / ABA Health Law Section, 2009
• Securing Your Premises in an Active Union Environment, coauthor, AHA Health Care Labor Report Newsletter, published by the 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
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