Ned Dorsey is a highly experienced labor and employment attorney. He devotes much of his practice to providing advice to employers and governmental bodies in labor relations, including organizing campaigns, collective bargaining, contract administration, arbitrations, and matters before the National Labor Relations Board and SERB. Ned also has extensive experience in employment law matters. His experience encompasses employment contracts, race, sex, pregnancy, and disability discrimination, sexual harassment, family medical leave, wage and hour disputes, non-competition agreements and related litigation, and employee benefits issues. Ned is also an experienced trial and appellate attorney. He is counsel of record in over 30 published decisions in federal and state courts, and has argued labor and employment law matters before nearly every circuit of the United States Court of Appeals across the U.S. (Please see Representative Experience listing below.) Ned also has significant experience in representing corporations with general corporate and business issues.
While attending law school at Catholic University in Washington, D.C., Ned clerked for John Fanning, the Chairman of the National Labor Relations Board. After graduation, Mr. Fanning’s recommendation landed Ned a position with NLRB’s elite Appellate Court Branch. There, he briefed and argued dozens of labor law cases throughout the United States. In addition to representing many smaller employers in various matters, he successfully defended a Fortune 100 company through to jury verdict in a sexual harassment case brought jointly by two women. Ned has also often represented employees in claims against their former employers. Ned frequently addresses employer groups on various employment and labor law issues. Since the early 1990’s, Martindale Hubbell/LexisNexis has recognized Ned as AV® Preeminent™ Peer Review Rated, the highest possible rating in both legal ability and ethical standards.
Ned and his wife live in Maineville. He has two grown children. Ned has been active in various clubs, and is an avid (but not good) golfer.
Memberships and Affiliations
- Ohio State Bar Association
- Cincinnati Bar Association
Bar Admissions
- Bar of the Supreme Court of Ohio (1987)
- Bar of the Court of Appeals of Maryland (1985)
- The Bars of the United States Courts of Appeals for the Second, Fourth, Fifth, Sixth, Ninth, Tenth, and District of Columbia Circuits (1979, 1983, 1979, 1987, 1978, 1978, and 1983 respectively)
- The Bars of the United States District Courts for the Southern District of Ohio, and the District of Maryland (1987 and 1985, respectively)
Representative Experience
Counsel of record in the following reported cases in Federal and State Court:
- Mason v. Mason Professional Firefighters, IAFF Local 4049, 63 N.E. 3d 179 (12th Dist., 2016) (successfully persuaded the Court of Appeals to vacate a labor arbitration award because the arbitrator failed to reveal potentially prejudicial employment);
- Tri-State Wholesale Building Supplies v. NLRB, 657 Fed Appx. 421 (6th Cir., 2016) (involving the walkout of a nonunion workforce).
- Vincent v. The Brewer Co., 514 F.3d 489 (6th Cir., 2007) (addressing whether an alleged replacement has to be “similarly qualified” to the plaintiff in order to make a prima facie case of sex discrimination);
- Taylor v. Volunteers of America,153 Ohio App.3d 698, 795 N.E.2d 716 (First App. Dist. 2003)(holding that an employee who alleged he was terminated for filing a lawsuit against his employer did not state a valid public policy tort claim);
- Bridewell v. The Cincinnati Reds, 68 F.3d 136 (6th Cir., 1995)(represented the Reds in this case under the FLSA);
- Sanzone-Palmisano Co. v. M. Seaman Enterprises, 986 F.2d 1010 (6th Cir., 1993) (a case under the Perishable Agricultural Commodities Act; obtained summary judgment in the trial court, resulting immediately in legislation being introduced and passed through the House of Representatives revoking the Trial Court’s rationale in future cases; assisted client’s trade organization in defeating the legislation in the Senate);
- State ex rel. Kelley v. Board of Educ. Of Clearcreek Local School Dist., 52 Ohio St. 3d 93, 556 N.E.2d 173 (1990) (successfully obtained tenure for a high school administrator);
- Brock v. L. R. Willson & Sons, 773 F.2d 1377 (D.C. Cir., 1985) (an OSHA case involving perimeter netting on high rise construction);
- Rosen v. NLRB, 735 F.2d 564 (D.C. Cir., 1984) (an unusual defamation/due process case brought by a Pennsylvania attorney; Judge Kenneth Starr authored the opinion in favor of the NLRB);
- NLRB v. Blevins Popcorn Company, 117 L.R.R.M. 2425 (D.C. Cir., 1984) (lead trial counsel in a prosecution of contempt of an order of the United States Court of Appeals for the District of Columbia Circuit; obtained the largest contempt fines in the history of the NLRA; case defended by Skadden, Arps, Slate, Meagher, and Flom in New York City);
- Volunteers of America v. NLRB, 732 F.2d 769 (10th Cir., 1984) (a case involving whether the application of the NLRA to a religious charitable organization violates the First Amendment);
- Marlene Industries Corp. v. NLRB, 712 F.2d 1011 (6th Cir.,1983) (addressing the question of whether an employer that successfully defended itself against charges of contempt of a Court order could then be retried administratively on the same charges before the NLRB; over $40 million in back pay in issue);
- Alirez v. NLRB, 676 F.2d 423 (10th Cir., 1982) (issue whether closed NLRB unfair labor practice files must be disclosed under FOIA; successfully persuaded the Tenth Circuit to circumscribe narrowly an earlier ruling in a similar case, avoiding the necessity of the NLRB taking the issue to the Supreme Court);
- In the Matter of the Connecticut Celery Company, 106 L.R.R.M. 2847, 1980 WL 6768 (Bankr.D.Conn.) (a case under the old Bankruptcy Act on the issue of when may a debtor reject a collective bargaining agreement in order to facilitate its rehabilitation).
Education
- Georgetown University, B.A., 1974
- Catholic University Columbus School of Law, J.D.; 1977
